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AMERICA 
 
 AND 
 
 THE AMERICANS 
 
 BY THE LATE 
 
 ACHILLE MURAT, 
 
 MTIIF.N OP THE UNITED STATES ; HONORARY COLONEL IN THE BELGIAN ARMT 
 AND CI-DEVANT PRINCE ROYAL OF THE TWO SICILITS. 
 
 <îbtaîi3latrà frnm tliB /rmji. 
 
 NEW YORK: 
 WILLIAM H. GRAHAM 
 
 BRICK CHURCH CHAPEL. 
 1849. 
 

 Entered, according to Act ofCong.es, in the year 1849, 
 Bv William H. Graham, 
 
 301 Wilham St., N. Y. 
 
TO HIS MAJESTY, 
 
 LEOPOLD, KING OF THE BELGIANS, K. G. G. C. B., 
 
 &c., &c., &c. 
 
 THIS VOLUME 
 
 IS MOST RESPECTFULLY INSCRIBED, 
 
 BY HIS majesty's GRATEFULLY OBLIGED 
 AND DEVOTED SERVANT, 
 
 HENRY J. BRADFIELD, 
 
 EDITOR AND TRANSLATOR. 
 
Ill 
 
 niANSLATOR'S DEDICATION. 
 
 Sire, — 
 
 When in England, on my return from Greece, I was honored 
 with the permission of dedicating a vohime of poems entitled 
 '' Tales of the Cyclades" to your Majesty, and enjoyed the further 
 patronage of holding a commission under Prince Murat, in the 
 Belgian army. 
 
 Knowing the noble and generous sentiments with which your 
 Majesty was actuated towards the Colonel, and his devotion to 
 you, Sire, and the cause in which he had then embarked his for- 
 tunes; in respectful consideration of them, and in recollection of 
 past kindnesses which I experienced during my services in Bel- 
 gium, I have availed myself of this public opportunity of express- 
 ing my grateful acknowledgments ia.the dedication of the accom- 
 panying translation of some valuable personal observations 
 which Colonel Murat presented to me, when in garrison at Ath, — 
 on the subject of America and the Americans. 
 
 Though some years have elapsed since they were written, 
 as they possess a discriminative delineation of character and 
 truthfulness in their composition, as also many interesting re- 
 marks arising from an experience of a residence of many years 
 in this country of his adoption, as an American citizen : I have 
 deemed them of sufficient interest, respectfully to submit them to 
 the discriminating mind of your Majesty ; possessing as they do 
 a new feature in the additional notes and information afforded 
 me, thereby rendering the work, as I humbly hope, more appli- 
 cable to the present day, by which you will perceive, Sire, with 
 
translator's dedication. 
 
 what rapid strides this republic is advancing in civilization and 
 prosperity. 
 
 The late brilliant conquests of New Mexico and California, 
 place her in the new position of an Empire; while the gold 
 mines and facers of that magnificent region have, moreover, un- 
 veiled those long hidden treasures, realizing the fabled "El Do- 
 rado" of that great navigator, and chivalrous knight, Sir Walter 
 Raleigh. 
 
 Your Majesty enjoys the reputation of possessing liberal and 
 enlightened views and opinions ; while the tranquil prosperity of 
 Belgium, and the happiness of a loyal, devoted and industrious 
 people, not only bear witness of a wise and good legislation, 
 but evince, also, your Majesty's paternal solicitude in their wel- 
 fare, presenting a moral to the monarchy of Continental Europe, 
 —that peace, happiness and prosperity can be secured and main- 
 tained without the aid of tyranny, or the sacrifice of the blood 
 of the people. 
 
 Imbued with sentiments of a hatred of despotism, and a love of 
 liberty in its exalted and enlightened sense, I now respectfully 
 present this little memento of my late amiable and lamented 
 friend to your Majesty, hoping it may afford an agreeable hour's 
 entertainment, and be deemed a faithful delineation of the cha- 
 racter, manners and habits of America and the Americans in 
 the nineteenth century. 
 
 I liave the honor to be. Sire, 
 Your Majesty's 
 
 Most devoted, humble servant, 
 
 HENRY J. BRADFIELD. 
 
A WORD FROM THE TRANSLATOR. 
 
 During my services as an officer in a regiment of Lancers in the 
 Belgian army, of which Prince Achille Murat was Colonel, he 
 presented me with a copy of some valuable Notes, which he had 
 written for the amusement and information of his esteemed and 
 talented friend, the Count Thibeaudau. 
 
 The Prince left our regiment and the army, much to the regret 
 of King Leopold, in consequence of the absurd jealousy of the 
 Northern Powers, he being a member of " the Bonaparte 
 family" ! What a change has now come "o'er the spirit of their 
 dream" ! With the consent of these very powers (more from 
 compulsion than free will) the nephew of the Emperor is Pre- 
 sident of the Republic of France ! while other branches of the 
 'proscribed" family are holding high official appointments. 
 Thus much for the march of Liberty ! and well hath Byron said : 
 
 "Freedom's blood 's the growth of Freedom's tree." 
 
 The Colonel was not only much esteemed and beloved by his 
 corps, but from his amiable, chivalrous and frank manners, 
 became the intimate personal friend of the King; and his 
 society was moreover much valued in the agreeable and enlight- 
 ened circles of Brussels. 
 
 I arrived in the United States with the hope of renewing my 
 acquaintance with him, when to my heartfelt regret I learnt that 
 he was no more. 
 
 I now present the Notes to the public : they bear the impress 
 of a reflective and inquiring mind, and have affi)rded no small 
 gratification and useful information to many of my literary ac- 
 quaintance in Europe. 
 
IV A WORD FROM THE TRANSLATOR, 
 
 The author, it would appear, had for his object throughout, not 
 only the welfare of his adopted country, but moreover a desire to 
 represent America and the Americans in a faithful and interesting 
 light to Europeans, uninfluenced by party feelings or political 
 bias. Hence, actuated by a sense of respect for my lamented 
 friend, and a hope that the accompanying translation of the 
 Notes may be acceptable to the American, as well as (more 
 especiaily) to the educated and reflecting part of the European 
 public, who in reality know so little of the United States, the 
 internal economy of her institutions, or her progressive com- 
 mercial wealth, and who perceive but " through a glass darkly" 
 her rapid strides to the accomplishment of a future destiny, that 
 of forming the mighty empire of the "Western World, I offer it to 
 the public. 
 
 Some years have elapsed since the Notes were written. I claim 
 therefore the kind indulgence of the public for any apparent dis- 
 crepancies, or obsolete data, which may here and there occur; 
 with this agreeable reflection, however, and to an American espe- 
 cially so, that a comparison with the present period will shew that 
 intellect, civilization and enterprise are adorning with increased 
 luster the already exalted position of the Republic of America 
 among the nations of the world. 
 
 May 1st, 1849. 
 
DEDICATION. 
 
 TO COUNT THIBEAUDAU. 
 
 My Dear Friend : 
 
 Acting agreeably to your suggestion and request, I wrote 
 four letters on the United States ; which I addressed to you. 
 As an act of justice therefore, I dedicate this work to you, 
 as being the originator thereof ; and trust you will receive it 
 with the same indulgence as the previous letters, I have had 
 but one object in view, that of making known to Europe, espe- 
 cially France, the institutions of the United States, and the 
 manners of the people. 
 
 This task becomes every day the more important, inasmuch 
 as a form of Government similar to our own is the point 
 which the people of Europe are aiming to accomplish, not 
 only during our days, but since the revival of letters, and 
 that period when the Greek and Roman began to penetrate and 
 dissipate the darker ages of barbarism. 
 
 The people of Continental Europe have lost themselves in 
 seeking after liberty in a metaphysical sense, and have abandon- 
 ed practical liberty, which I alone appreciate. This is only to 
 be found in the United States of America. 
 
 This principle from which so much good emanates, and which 
 is destined to govern the world, is what is called in America 
 Self-government. Provided it is the peoijle who govern, we are 
 satisfied. It matters little what be the form of the machine, or 
 
VI DEDICATION. 
 
 who the persons employed to set the wheels in motion, provided 
 it be constructed in such a manner as to receive and obey the 
 breath of public opinion ; that it be strong and irresistible, but 
 at the same time incapable of disobeying or resisting that power 
 invested in the American people. 
 
 At the present epoch the American Union affords us the best 
 model of Government. T have endeavored to describe it to you 
 as I have found it. Nothing in its construction has surprised 
 me. All is rational, and open to the comprehension of the 
 simplest mind. What alone surprises me is, that the nations of 
 Europe are not governed by the same principles. 
 
 I anticipate that this work will be open to much criticism. 
 There are superficial travelers who may take it into their heads 
 that T have not presented a faithful picture. They, however, 
 must bear in mind, that I have had means of a more intimate 
 knowledge of the country ; that I have not only resided for a 
 period of more than nine years in the country, but that I have 
 also been engaged in all branches of affairs. I îïiarried here, 
 have a family, and numerous friends, who are dear to me, for I 
 esteem and value them much. I have, moreover, traveled much, 
 lived in the woods, where I have seen as it w^ere a new nation 
 arise, and in its advance through every degree of civilization. 
 I am barrister, planter, and officer of militia ] while as occasion 
 served, I have filled other posts, either in the nomination of the 
 government, or through the election of my fellow citizens. I 
 have touched on no question herein contained, but I have been 
 in the daily habit of discussing, and often in public. I have 
 become an American by habit and in heart ; and feel honored in 
 bearing the title of citizen of the United States, as also in the 
 proofs of esteem and attachment which I have everywhere ex- 
 perienced on the part of a people, the most reasonable, the most 
 rational, and the least susceptible in the world of being dazzled 
 or led away by appearances, I came to America, poor, friend- 
 
DEDICATIOiX. Vil 
 
 less, and an exile, and have here found a home and country 
 which Europe refused me ! 
 
 I am aware that among the opinions which I have herein 
 hazarded to express, many may not be those of the major- 
 ity of the people, but they are, -however, mine. As a free 
 citizen of the United States, I claim the right of expressing my 
 opinion on men and things as I find them. I have stated no- 
 thing herein which I have not frequently supported in my vote 
 in Florida; while I flatter myself my friends will recognize my 
 conversation in the style in which I now express myself. 
 
 We have, my friend, been brother prisoners, but imperial 
 Austria has not yet discovered the art or power of imprisoning 
 the mind. It was under the yoke of her despotism, that you 
 implanted in me the fruits of your long experience, and guided 
 my inexperienced mind in the study of the theory of liberty ; 
 since which period I have myself observed it practically : it is 
 therefore but just that I should present this my work to you. 
 Accept, then, my heartfelt assurances of grateful friendship, 
 which ten years of absence have in no wise obliterated, but rather 
 tended to enhance and strengthen. 
 
 ACHILLE MUEAT. 
 
CHAPTER I. 
 
 GENERAL VIEW AND DIVISIONS OF THE AMERICAN 
 UNION. 
 
 Proem. — European Travelers in the States — Their Object and 
 Opinions — English Travelers — America more agricultural than 
 commercial — Division of the Union — Comparison between the 
 Northern and Southern States — Capital — Distinctions of Charac- 
 ter — New England States — Application of the term " Yankee" — 
 Their rigid Observance of Sundays — Anecdote, " Salt fish and 
 apple pies" — Boston — Her Men of Genius and Patriotism — Educa- 
 tion — Popvilation of New York — Pennsylvania — New Jersey and 
 Delaware — Virginia and her " Limbs of the Law" — The "Aristo- 
 crats" of the Union — South Carolina — her " Phalanx of Talent" 
 — Charleston — her Society the " most refined in the world" — 
 Customs Tariff — Old and new States — Advice and Opinion to 
 European Emigrants. 
 
 Wascissa, near Tallahassee, Florida. 
 
 You call on me, my dear friend, to fulfil the promise 
 which I made you in quitting Europe, and to afford you 
 from the localities themselves a faithful picture of my 
 adopted country. Is it still your intention also to become 
 a citizen ? Nothing would afford me greater pleasure. 
 My wish I fear is greater than my hopes — however, to my 
 task. You know my character sufficiently to be assured, 
 that although entertaining a partiality for this land of my 
 adoption, I shall not be the less frank in my opinion, while 
 I shall alike portray faithfully our imperfections, as well 
 as our good qualities : for as it may influence a serious de- 
 termination on your part, as well as that of many of our 
 friends, I should grieve to find you influenced or misled 
 by any wrong deductions on my part. 
 
 Were I addressing myself to a business man, who re- 
 quired merely details as to the manner of disposing of his 
 1* 
 
10 AMERICA AND THE AMERICANS. 
 
 capital to the best advantage, I should say : Remark our 
 increasing prosperity, and you will therein find ample 
 means of realizing your expectations. But this however 
 is not your object, at least your principal one. Your life 
 has in a great measure been devoted to public affairs, and 
 you would come here to seek principles of government 
 more in conformity with your own. It is therefore, rather 
 a knowledge of our moral state of society which you 
 would wish to become acquainted with. 
 
 The Europeans who visit our country, with the excep- 
 tion of a few naturalists in search of shells, plants, &c., con- 
 fine themselves to trifling excursions to our Atlantic towns, 
 and return to Europe, under the impression that we are a 
 nation of merchants, as Napoleon called the English a " na- 
 tion of shopkeepers." They are mostly travelers on busi- 
 ness, whose sole object is to communicate with their cor- 
 respondents. They think not of our government, and give 
 themselves no trouble about it. I have seen many who have 
 absolutely denied the existence of one. Very few visit the 
 interior, or enter into politics, not that they are looked 
 upon with mistrust in this country of unfettered freedom, 
 but their friends are fearful of intruding on them matters 
 in which they are not interested. In general they return 
 to Europe under the persuasion that we are very polite, 
 and possess " tact," that a government still exists, because 
 nobody troubles themselves about it, everybody appearing 
 to have something better to do. There are, however, ex- 
 ceptions. Some English travelers have penetrated into 
 the interior, having a specific object in view — that of ob- 
 serving mankind. 
 
 Even when the English shall have formed a correct 
 idea of the United States, it follows not as a consequence, 
 that either yourself or the people of the Continent of 
 Europe should be influenced thereby. From my own ex- 
 perience, I believe, that they possess no more just notion 
 of England than of America. 
 
AMERICA AND TliK AMERICANS. H 
 
 We are, in fact, more of an agricultural than a mercan- 
 tile nation, and above all, one full of reasoning and thought. 
 Our policy is so different from that of Europe, that most 
 of the few strangers who do reason upon the subject ab- 
 solutely understand nothing. 
 
 You have only to cast your eye over the map of the 
 United States, in order to be convinced that the agricul- 
 tural interest bears the palm over both the commercial and 
 manufacturing. 
 
 The first grand division of the Union lies between the 
 States recognizing Slavery and those opposed to it. 
 
 All the States south of the Potomac, and Maryland to 
 the north, all which we call " Slavehohling States,^^ are 
 altogether agricultural. What little commerce exists is 
 in the hands of people from the North, and it is only of 
 late years that Maryland has begun to apply herself to 
 manufactures. Throughout this whole extent of country, 
 Baltimore is the only eastern town, and to the west New Or- 
 leans, which employ their capital therein. At Charleston, 
 Savannah, &c., capital is in the hands of the New York 
 merchants, while the commercial part is performed there 
 by their agents. To the north-west of that line, the coun- 
 try is altogether agricultural. This is the case in Penn- 
 sylvania, with the exception of Philadelphia. To the 
 north-east the interests are at least equally divided. 
 
 This first division has a sensible influence in our policy. 
 The northern States look upon our slaves and prosperity 
 with a jealous eye, while we envy them nothing : all 
 which they produce we consume, and if they have more 
 capital than we have, our revenue is larger. So long as 
 they confine themselves to denouncing slavery,* and in 
 the construction of establishments on the coast of Africa, 
 
 * These, I beg it to be distinctly observed, are Colonel Murat'3 
 own opinions, as well as all other of a like personal and political 
 character throughout the work. I merely follow the original Notes. 
 — Translator. 
 
12 AMERICA AND THE AMEKIGANS. 
 
 we will not take umbrage, but should their spirit of prose- 
 lytisni lead them to attempt the emancipation of the slaves, 
 the legislatures of our States would be compelled to interfere, 
 and should Congress wish to make laws in reference there- 
 to, as was attempted on the admission of Missouri into 
 the Union, the noblest structure ever raised by man — that 
 of the great Confederation of America — would be destroyed. 
 The southern States would be compelled to separate 
 from the northern. Such an event, however, I hope, is 
 but imaginary. The hypocritical interest a certain class 
 of men affect in behalf of our slaves will not advance them 
 one day towards emancipation, but only tends to render 
 their position in some respects less supportable. This 
 emancipation (which every enlightened man desires to be 
 accomplished) can only really be effected by time and the 
 private interest of the proprietors. Any attempt to j^recipi- 
 tate this measure would be to throw open the southern 
 States to internal convulsions, and to dissolution of the 
 Union, without any advantage whatever, accruing to the 
 States of the North. 
 
 Another grand division is observable in the character of 
 the people, between those of the south, north-east, the 
 v/est, and centre. This is so strong, as to change altogether 
 the aspect of the country. 
 
 The six States of New England, Massachusetts, Con- 
 necticut, New Hampshire, Vermont, Maine, and Rhode 
 Island, form of themselves a very remarkable constellation 
 among the States of the Union. Their interests, pre- 
 judices, laws, even to their peculiarities and accent, are 
 the same. They are what the rest of the Union call 
 " Yankees," a term which the English very erroneously, 
 and more from ignorance, apply to all Americans without 
 distinction. These six republics fraternize together. 
 Their industry and capitals are immense. 
 
 Their flag extends over the ocean. They man both our 
 naval and mercantile marine ; and have given birth to 
 
AMERICA AND THE AMERICANS. 13 
 
 many of our greatest men. The character of their people 
 in general is remarkable, and distinct from every other on 
 earth. The most gigantic enterprises daunt them not ; 
 argument as to the consequence disheartens them not, 
 while they are characterized by a spirit truly siii-generis. 
 These men appear born for calculation from the uttermost 
 cent and rising progressively up to millions, without losing 
 one particle of exactitude and ordinary insight. They are 
 eager to amass wealth, and will frankly confess like Petit- 
 Jean : — 
 
 " Que sans argent I' honneur n'est qu'une maladie.'"* 
 
 This spirit of calculation is marvelously connected with 
 a rigid observation of Sunday which they call " Sabbath," 
 and of all the puritanical practices of the Presbyterian re- 
 ligion v/hich they have generally adopted. Upon this point 
 they are so scrupulous, that a brewer was censured in the 
 church for having brewed on a Saturday, which circum- 
 stance caused the beer to ivork on Sunday ! This is cer- 
 tainly a specimen of religious hypocrisy. They glory in 
 designating their country as " the land of stead}^ habits," 
 not that they are more virtuously disposed, but that they 
 put on a penitential air once a-week, and on Saturdays 
 eat salt fish and apple pi es. I 
 
 Boston, their Capital, abounds however in men eminent 
 in letters. It is the Athens of the Union : it was the 
 cradle of Liberty, and produced several of her most zealous 
 defenders in her councils as on her battle-fields. Instruc- 
 tion is there on a more extended scale than in any other 
 part of the world. They have extensive viev/s, and possess 
 within themselves all that leads to great results without, 
 however, abandoning the sordid principles of gain. In point 
 of politics, these six States are united and vote as one indi- 
 
 * " Without money, honor's a disease." 
 
 t This may have been the case formerly, but it certainly is not so 
 now. — Trans. 
 
14 AMERICA AND THE AMERICANS. 
 
 vidaal. AVithin them is the seat of commercial interest, 
 although, for some years, they have turned their atten- 
 tion towards manufactures, with the success which attends 
 all they undertake. The country is very populous — ex- 
 tremely Avell cultivated, and the capital there employed in 
 agriculture is even as considerable as that absorbed by com- 
 merce. 
 
 The Middle States are far from being so united in in- 
 terest, or possessing so marked a characteristic. The State 
 of New York forms a nation of more than a million of souls.* 
 
 Nothing in the world can be compared to the spirit of 
 enterprise, activity and industry of the people. There 
 are no contracted views here — they talk of dollars by the 
 million ; matters of interest are conducted with a remark- 
 able rapidity, and without risking any very serious reac- 
 tion. All goes forward with regular but giant strides. This 
 state of things received a great impulse from the active 
 genius of the Governor, M. De Witt Clinton, | in whom 
 originated the first idea of forming the great canal which 
 unites Lake Erie to the vSea. The activity of the State is 
 so powerful, that it is entirely absorbed in itself, and has 
 no time to trouble itself with the afiairs of the Union. 
 In general her influence therein is hardly felt ; for, being 
 absorbed in herself, as it were, she centralizes in her own 
 deputation the interest of agriculture, commerce, and 
 manufacture. Commercial interest is, however, therein 
 paramount. It is somewhat remarkable that this State 
 has furnished but few men of superior genius to the na- 
 tional councils. Their talents seem absorbed and, in a 
 measure, annihilated in internal poiic}^, which is of an ex- 
 tremely compUcated character, and is looked U2)on as being 
 full of stiange intrigues and developments. A stranger 
 would comprehend nothing further than he would observe 
 
 * In June, 184:7, the population amounted and liad increased to 
 2,780,000. 
 t Hamilton Fish is the present Governor. 
 
AMERICA AND THE AMERICANS. 15 
 
 personal and violent party feelings, two rather unfavorable 
 signs. 
 
 Pennsylvania, New Jersey and Delaware form a group 
 which resemble each other still more. The people are 
 remarkable for their good nature, tranquility, and industry. 
 With the exception of Philadelphia, their interest is generally 
 more of a manufacturing and agricultural character. These 
 States are for the most part peopled by peacable Quakers 
 and Germans. All goes on with the greatest order, with- 
 out any sudden convulsions — almost imperceptibly so. If 
 Boston be the sojourn of letters, Philadelphia is that of the 
 sciences : giving rather a pedantic character to her society. 
 
 New Jersey ventured into the perilous field of great en- 
 terprises, in imitation of her northern neighbor ; but event- 
 ually confined herself to the establishment of a few schools, 
 and returned to her wiser policy and principles. The 
 Legislature at this period peremptorily refused the incor- 
 poration of new banks, and even went so far as to with- 
 draw the charters from some already established. 
 
 Maryland is as divided in her interests as the other 
 States. For while Baltimore is one of the most commer- 
 cial towns in the Union, the rest of the countiy is agricul- 
 tural and manufacturing. The character of the people 
 presents a singular amalgamation of the simplicity and good 
 nature of the Quakers of Pennsylvania and the pride of 
 the planters of Virginia. It is the only State in which re- 
 ligious intolerance exists, arising more from ancient custom 
 than actual prejudice. The Jews cannot vote here. This 
 State finds itself, in relation to its negroes, in perhaps 
 greater embarrasment than Vir2:inia. 
 
 This latter State has held, for a long period, the highest 
 position in the Union, by means of her policy and great 
 men. She has had the honor of giving birth to four of our 
 Presidents. Virginia has fallen however from her state of 
 splendor, which may chiefly be attributed to party feud. 
 Her interests are entirely agricultural and manufacturing. 
 
16 AMERICA AND THE AMERICANS. 
 
 The character of her people is noble, generous, and hospi- 
 table, with however a little tinge of roughness, vanity, 
 and pride. They pride themselves on their good faith 
 above all things. The laws, customs and policy are due 
 to this praiseworthy feeling. They are very united, and 
 venture no opinion without supporting it by the suffrage 
 " of all Virginia." In politics they are, however, personal, 
 noisy and turbulent ; and the State of Virginia is without 
 comparison of all others that in which the " limbs of the 
 law" most abound. Although they boast of their democracy, 
 they are the only true aristocrats in the Union. Witness 
 the right of sulFi-age, from which the " canaille" are ex- 
 cluded in the State. 
 
 The principal culture in Virginia and Mar34and is to- 
 bacco and corn. The former of these articles requires 
 negro labor, while the latter is more profitable, being cul- 
 tivated by free people. Tobacco quickly exhausts the soil, 
 and will only grow in virgin and fertile lands. From this 
 state of things it follows, that these lands being as it were 
 exhausted to-day, at least proportionally so, and the price 
 of tobacco being diminished, on account of the quantity of 
 that article cultivated in the West, the planters are reduced 
 to the growing of corn, and obliged to get rid of their 
 slaves, who have become as it were unprofitable. The 
 day is not far distant therefore, when these two States 
 will unite with those of the North, against the Slavehold- 
 ing States. Within a few years they (especially Virginia) 
 have undertaken the cultivation of short cotton, which cir- 
 cumstance redeemed the value of their negroes, and might 
 pcssibly have been the means of Virginia re-acquiring her 
 former envied splendor and prosperity. Short cotton, how- 
 ever, having been subject to the same fall in price as 
 other cotton, all the southern States are consequently 
 declining. 
 
 North Carolina is a bad copy of Virginia. She has the 
 same interest, the same policy, and navigates in the same 
 
AMERICA AND THE AMERICANS. 17 
 
 waters ; and notwithstanding her gold mines, she is the 
 poorest State in the Union, and that which furnishes the 
 least number of emigrants to the new countries. 
 
 South Carolina, Georgia, Alabama, Mississippi, and 
 Louisiana, constitute properly what are called the Southern 
 States. Their interest is purely agricultural. Long and 
 short cotton, sugar, rice and Indian corn form their pro- 
 ducts ; necessarily requiring negroes, and affording a suf- 
 ficient profit to obviate the necessity of employing their 
 capital otherwise. The goodness of the soil and the 
 luxury of the climate are so favorable to the cultivator, 
 that he finds it of infinitely more advantage to employ the 
 negro in this occupation than in the manufactories.* Al- 
 though the character of the people varies much over such 
 an extensive line of country, a southerly caste is observ- 
 able. Frankness, generosity, hospitality, and the liberality 
 of their opinions is proverbial, forming a perfect contrast to 
 the Yankee character ; by no means to the advantage of 
 the latter. In the midst of this group. South Carolina has 
 distinguished herself by a phalanx of talent unequaled in 
 the Union. In my travels I have found the society of 
 Charleston by far the best, both here as well as on the 
 other side of the Atlantic. There is nothing wanting 
 either as regards finish, or elegance of manners : but what 
 is of more value to people, such as ourselves, who attach 
 little importance to refined politeness, she abounds in real 
 talents, and is as far above pedantry as insignificance. In all 
 questions of a common interest, this is the leading State. 
 The policy of the others, with the exception of Georgia, is 
 not as yet sufficiently established to enable me to form 
 an opinion thereon. As to Georgia, and it is with pain I 
 state it, nothing equals its violence of factions, except 
 perhaps Kentucky. In this latter, however, the dispute is 
 about principles, while in Georgia it is about men. 
 
 The other States form the West, without comparison 
 * I have now my doubts of this. 
 
18 AMERICA AND THE AMERICANS. 
 
 the most extensive and richest part of the Union, and will 
 soon become, if she be not already, the most populous ; and 
 the day is not far distant when power, luxury and instruc- 
 tion in the arts will follow as the natural consequence of 
 these superior advantages. Their interest is manufacturing 
 and agricultural, although the former predominates. The 
 character of the people is strongly marked by a wild instinct 
 of masculine liberty which not unfrequently degenerates 
 into license, as simplicity and frankness of manners ap- 
 proach sometimes to the rudeness of cynic independence. 
 The universities everywhere established, with a degree of 
 luxury, promise the advent of a generation of instructed 
 and talented politicians, whose chief object will be to 
 acquire experience, and jirofit by the faults of their 
 fathers. Our country is so happily constituted that, with- 
 out incurring the slightest danger, we can venture to put 
 in practice either a law or a constitution. The States 
 mutually support each other like expert swimmers, always 
 ready to lend a helping hand in need. Moreover, there 
 exists the federal constitution, to prevent too hazardous an 
 experiment. It sets its limits to these experimentalists, 
 and it is by this influence above all, that each citizen, of 
 whatever State he may be, is obliged to look upon it as 
 the safeguard, and source from whence the future great- 
 ness of our republics will be derived. 
 
 I have spoken of the manufacturing, commercial, and 
 agricultural interests, without fully explaining their mean- 
 ing ; and I doubt not but that you will imagine that the 
 western States are full of manufactories : in this you will 
 deceive yourself. Their interest is not constituted by the 
 manufactories which exist, but those which they look for- 
 ward to in prospective. Some years since a reform of the 
 Customs Tariff v/as proposed to Congress. This set all 
 in motion. Our feuds were rekindled, but in vain. The 
 interest of the people was too strong, and they saw too 
 clearly to admit of its becoming a party affair. The towns 
 
AMERICA AND THE AMERICANS, 19 
 
 of the interior, a part of the Central States, and ahnost the 
 whole of the West, voted in favor of a measure which 
 favored their manufactories present and future. The 
 maritime towns and some places bordering on the canals 
 of the East, composing the commercial interest, were 
 opposed to ail that tended to diminish even for a moment, 
 commercial activity. 
 
 The whole of the South united their interest v/ith the 
 commercial, and made a strong remonstrance against this 
 tariff. It may appear singular to you, but I remember 
 that I was myself one of the few who combated this 
 blind measure. 
 
 The Tariff passed, but amended in such a manner that 
 it lost much of its power, although there yet remains 
 enough to be productive of much good, as our planters 
 begin to perceive, since an internal market has been 
 opened for their cottons towards the North and West, 
 instead of being dependent on foreigners. 
 
 In this instance, I would have you observe, that the 
 center was divided, that the East and the South were 
 united against the West. In the event of a European 
 war, the contrary would happen — the West and South 
 would be united. 
 
 Independent of the two divisions which I have pointed 
 out to you, there exists a third : — the Old and New 
 Countries. This division, which its very name explains, 
 cannot be observable on the chart, inasmuch as there are 
 many districts in the new countries connected with the 
 old ; although in a general sense the territories and all 
 west of the Allegany Mountains are new. This division 
 is the more interesting to you. And it is one which I 
 recommend to your particular notice. Are you desirous 
 of establishing yourself in the new or old countries } 
 Both have their advantao-es and disadvantaç-es. If averse 
 to trouble and content with your position in the scale of 
 existence, not eager for further advancement, and your 
 
20 AMERICA AND THE AMERICANS. 
 
 fortune admits of living comfortably on your income — then 
 live in the old States. You will therein find the arts of 
 Europe — its luxury, politeness, and a little more hospitality, 
 but you will therein be a comparative stranger during the 
 five first 3-ears of probation, when all the errors you may 
 have committed during that period will be registered 
 against you. What profession would you select ? for you 
 must not think of Hving an idle life here, you would become 
 exhausted with ennui, and would moreover lose all con- 
 sideration. Should you think of commerce as a pursuit, 
 or should you pay homage to Esculapius, the old States 
 present the most resources. Not that these affairs, com- 
 mercially speaking, are carried on on an extensive scale, 
 nor that your patented assassinations may be concealed 
 in the crowd, while the touching recital of some " miracu- 
 lous cure," skilfully inserted in some popular paper of the 
 day, may place both the lives and purses of a host of new 
 patients in your hands. 
 
 Agriculture would there bring you nothing, and would 
 take up all your time. It is profitable only to small proprie- 
 tors, w^ho are themselves accustomed to work the plow. 
 The bar v/ill open to you a vast field ; but you will then be 
 brought into rivalship with the first men of the nation, and 
 most assuredly crushed. 
 
 For a European, however, this part of the country 
 would best suit him ; it more resembles Europe ; but if 
 he has not been the victim of persecution in his own coun- 
 try, or if he possesses not a strong partiahty for our in- 
 stitutions, I would by all means recommend him to stay at 
 home. 
 
 On the other hand, let him come to our new pro- 
 vinces ; let him have the resolution to adapt himself at 
 once to our manners, customs, and laws, and plunge into 
 the midst of our forests. Abandoning the souvenirs of 
 past luxuries, let him familiarize himself to privations with 
 a fixed determination. Should he seek commerce as a 
 
AMERICA AND THE AMERICANS. 21 
 
 pursuit, let him establish a market where none existed. 
 If the bar, let him be the first barrister to plead the 
 first cause, at the first term of the new court. If physi- 
 cian, let him establish his reputation where he finds none 
 to oppose him — not even the dead. Should he devote 
 himself to agriculture, let him seek a virgin soil, and grub 
 up the untilled ground, alone, without even a neighbor, 
 and his industry will be amply rewarded. He will find 
 himself, in point of fact, though perhaps not in right, 
 naturalized from the first day of his labors, for nobody will 
 be there to interfere with him. Whether you come from 
 Europe or from a distant State, you will find no estab- 
 lished prejudices or reputations to contend against. 
 There all depends on individual exertion and self-reliance. 
 You feel the influence of no government — no mockery or 
 follies of society to hurt the march of mind. This state of 
 things, however, is but of short duration ; in the space of 
 four or five years at most, villages, towns, universities,' &c. 
 will have sprung up, as by the wand of the magician, in 
 all of which you will take a deep interest, and can with 
 pride exclaim : — 
 
 " Quorum pars magna fui."* 
 
 And if, like many others, you preserve the habits and 
 taste of a rural life in the woods, quit this, — emigrate 
 every two or three years towards the west, taking with 
 you your light equipments, and thus persevere till the 
 Pacific Ocean arrest your wanderings. This, however, I 
 must frankly confess, would not be altogether agreeable to 
 me. I should prefer establishing myself where I witnessed 
 the laying the foundation-stone of a town or city, the land of 
 which I assisted in clearing, and watch its progressive ad- 
 vancement until, in the course of three or six years, I be- 
 hold a new State arise, as if by enchantment ; see new 
 
 * Buffalo, I have been informed, is a striking illustration of this. 
 —Trans. 
 
22 AMERICA AND THE AMRRICANS. 
 
 laws — new social edifices, where but lately the barbarous 
 cries of the Indian were heard in pursuit of his timid prey, 
 and hear our mutual interests discussed. I have myself 
 pursued such a course, tired of the every-day routine of 
 society, and being of too active a disposition to remain idle. 
 A stranger, I will not disguise to you, must submit 
 to many difficulties and privations in carrying out such 
 a resolution. The greatest inconvenience is, that he will 
 come in contact with a host of intriguing rascals from all 
 parts of the Union, who rendezvous in a newly settled 
 State, and who are not unfrequently sufficiently formidable 
 to take the government upon themselves. This, however, 
 is but of momentary duration ; sooner or later, by resolu- 
 tion and perseverance, integrity and honor will prevail 
 over these — ^while the occupation of driving away these 
 pests of society has something agreeable, if not amusing, 
 in it. It is, as it were, the image of a mock revolution, as 
 hunting is the image of war. Besides this principal objec- 
 tion, it requires a degree of firmness, courage, &c., to 
 wean ones self for years from all educated society, and its 
 agreeable accompaniments, especially to a man of superior 
 mind or elevated sphere ; he has no theaters — none of the 
 refined comforts of life — no elegant mansion — no journals 
 of the day — no letters by the post — 
 
 " Je n'ai point de bon vin qui nous grise et nous damne." 
 
 To effect intoxication, you will have but whisky 
 known to you under the name of schnaps. We live a 
 simple life, without ostentation. All this, however, will 
 be changed in two or three years ; and in truth, he who is 
 so effeminate as to regret and sigh over these momentary 
 privations, as paying too dearly for the state of manly in- 
 dependence which I have herein depicted to you, had far 
 better remain at home ; — ^we can well dispense with such 
 '' popinjays," as Shakspeare has it. 
 
 I have re-perused this letter, and fear you may not per- 
 
AMERICA AND THE AMERICANS, 23 
 
 fectly understand it, without a word of explanation, I 
 consider it as the commencement of an engagement entered 
 into, to afford you every information as regards my 
 country, until you cry " enough," or you yourself 
 shall come over and prove to me, that my persuasions in 
 reference to our state of existence, laws and government, 
 have been the result of observation, experience, and truth ; 
 and lastly, that our Government, and ours alone, has the 
 advantage, and bears the palm over all the govern- 
 ments of continental Europe, I have developed to you 
 some new views which France m^ght profit by, where 
 they only know of the existence of the United States. 
 The twenty-four* independent republics which compose 
 them, each has its own laws, constitution, policy 
 and parties, and is governed in a manner to excite ad- 
 miration in the most fastidious politician or political econo- 
 mist — revolving, as it were, in its own orbit, marked 
 out or assigned to it by the Federal Government, without 
 coming into collision the one with the oth^r ; nobody 
 murmurs against it, nor even troubles his head to find 
 fault with it ; — the whole is a system per se, unique in its 
 formation, and undivided in character and principles. 
 
 I now propose calling your attention to their internal 
 policy, and their relations between themselves. 
 
 You should yourself see the calm and majestic advance- 
 ment of this Republic, You can form no idea of it ; you 
 who have but had a ghmpse of Liberty, amid the tempest 
 of revolutions (which has also its charms) and ruin of 
 parties. Here its principles are imperishably fixed in the 
 mind and heart. With the Government the people are 
 unanimous ; and when they do differ, it is merely in regard 
 to persons or secondary measures. Is a bank estabhshed ? 
 Is a canal to be made here or there ? A law adopted 
 against usury ? Shall we send such or such a one to 
 Congress? These are questions and objects which 
 * If T mistake not, there are now thirty-two. 
 
24 AMERICA AND THE AMERICANS. 
 
 occupy the minds not of a vacillating minority, but the 
 whole nation. Agitation is kept up till the object in view 
 be accomplished — then all is quiet, and nobody thinks any 
 more about it. 
 
 In my next, as I observed, I shall draw your attention 
 to the nature of the internal policy of these republics, and 
 their relative positions to each other. 
 
CHAPTER 11. 
 
 GENERAL VIEW— ORIGIN AND HISTORY OF PARTIES. 
 
 Parties in the Republic — Robert Owen's Principles — Sovereignty 
 of the People — Power of the Constitution — -Election of Presidents 
 — History of Federalism and Democracy — Their Principles — 
 Power of the Citizens— French Revolution — Napoleon's Continen- 
 tal System — Consequences of War between France and England 
 to the United States — AVashington, his firmness — Adams a Tory 
 — Character of Jefferson — James Madison a Federalist, after- 
 wards a Democrat — Governor of Connecticut opposes the Presi- 
 dent — Convention at Hartford — Gen. Jackson the Hero of New 
 Orleans, his character — Crawford of Georgia — Henry Clay of 
 Kentucky — Tallahassee, its origin and present state. 
 
 Wascissa, near Tallahassee, Florida. 
 In my last I made no mention of the parties by which 
 the Republic is divided ; which I deem necessary in order 
 to complete the general picture. If all men possessed the 
 same tastes, and mutually understood each other's interests, 
 there would be neither party spirit, disorder, nor divisions : 
 while on the other hand there vfould be no diversion, no- 
 velty nor excitement ; man, transformed into a mere me- 
 chanical machine, would vegetate like his fellow man, like 
 a blade of v/heat in the midst of a field of it. Would he 
 be happier ? Mr. Robert Ovv^en beheved so ; it was upon 
 this principle that he established his new societies. As for 
 myself I think differently ; the pleasure does not consist in 
 the accomplishment of our desires, as does happiness in 
 the accomplishment of our passions ; opposition is necessa- 
 ry ; hence without opposition there is no happiness, no 
 diversity of opinion, whence w^e arrive at the truth. The 
 powers of the mind are as different as those of the body. 
 Hence it follows, that they vary not only in their desires, 
 but in the means employed to satisfy them. 
 
26 AMERICA AND THE AMERICANS. 
 
 It is this which constitutes the difference between a 
 party and a political interest : one is an object of fact, ac- 
 knowledged by all the world, the other a division on the 
 means by which we arrive at it ; the blindness of passion 
 is, however, sometimes sufficiently considerable to change 
 the real interest, while ignorance leads them astray. The 
 inhabitants of the South are an example of this in refer- 
 ence to the Customs Tariff. They forgot their interests — 
 not from the blindness of passion, but from an ignorance of 
 the true principles of political economy. In Spain, on the 
 contrary, the miserable canaille who raised the cry of 
 "Viva el Rey absoluto ! muera la nacion,"* must have 
 been in a state of mania, so far to have forgotten their true 
 interests. 
 
 With us there are no such factions ; the fundamental 
 principles of government are fixed. The people are so- 
 vereign b}^ the law ; this is no longer a subject of specu- 
 lation ; whatever theoretic opinion may be upon this point, 
 here it is a matter acknowledged by the written law of 
 the country. The people are free to declare their will, 
 either individually, through the press &c., or collectively, 
 through the conventions and assemblies which each citizen 
 has the right to convoke, and which assume an official 
 character as soon as they are composed of a majority. 
 The Constitution recognizes the right of resistance to op- 
 pression. It is not therefore on the mere form or princi- 
 ples of governm.ent the parties contend, but chiefly on men 
 and the measures of administration. Parties formed on 
 such differences of opinion are favorable to the public 
 cause ; as the wind impels the ship, against which it has 
 the power of righting itself. The others are, as it were, 
 the currents by which the vessel is cast upon the rocks, 
 drawing it to inevitable destruction. However violent 
 party spirit may be, love for our government, with which 
 all are satisfied, prevents the slightest danger to the 
 
 * " LoBg live the absolute king. Peath to the nation." 
 
AMERICA AND THE AMERICANS. 27 
 
 State. In the election for President, ail the Union is di- 
 vided more or less into violent parties ; but on his nomi- 
 nation all party spirit disappears, or rather is adjourned to 
 the next election ; no man has the slightest idea of resist- 
 ing the forms of the Constitution, although the favorite 
 candidate may have had a decided majority against him. 
 In the country, I have seen these elections conducted with 
 much riot, drunkenness, fighting, &c., but never have I 
 seen the suffrage box violated or the liberty of voting pre- 
 vented. 
 
 A party consists not merely in a difference of opinion on 
 an isolated measure ; but an assemblage of men having a 
 political code on which they are agreed, by which they 
 judge both men and measures, and also a hierarchy by 
 which they are more or less blindly influenced. From 
 this definition there exist but two parties in the United 
 States, but which under different names promise to perpetu- 
 ate themselves so long as our government shall last ; these 
 are the Federalists and the Democrats. In order to un- 
 derstand their history w^e must examine their origin, and 
 in order to explain their principles follow out the compli- 
 cated plan of our Constitution. 
 
 When the English colonies, which had made so many 
 sacrifices during the war with France and exhibited so 
 lively an attachment to the mother countr^^, were compel- 
 led to take up arms to resist the tyranny of George III. 
 and his venal Parliament, there existed, as yet, no idea 
 of independence. Few men foresaw it, while the mass 
 of the people were opposed to it. Washington himself 
 at the comm.encement had no idea of it. The colonies 
 then formed thirteen governments, perfectly isolated, 
 the one from the other, having each a representative 
 constitution, and receiving their governors from Eng- 
 land. One common interest engaged them to form a 
 Congress composed of delegates or plenipotentiaries from 
 the sovereign States. When this Congress proclaimed 
 
28 AMERICA AND THE AMERICANS. 
 
 the independence of the colonies, there then existed no 
 question of a treaty between them ; it was merely an al- 
 liance against the common enemy. In 1778 these States 
 formed a confederation which was far from being so united 
 as that of Germany — a Congress composed of delegates 
 elected differently in each State, voting by State, repre- 
 sented during the recess by a committee from the States, 
 had the power to make peace or declare war, to call 
 upon each separate State for contingencies in troops and 
 money, to contract debts, fix a federal coin, establish the 
 postoffice department, create courts of admiralty, and 
 lastly, decide any differences which might arise between 
 those States. The States on their part, in time of peace, 
 renounced the privilege of raising forces by land or sea on 
 their own behalf, but appointed officers from their own 
 quota. They renounced the right of treaty apart from 
 Congress. The citizens of one were to enjoy equal rights 
 with those of another State in which they might be resi- 
 dent. The States kept the power of regulating their in- 
 ternal commerce, and in general all other sovereign rights, 
 save those which were expressly delegated by them to 
 Congress. These articles were only ratified in 1781, and 
 not acted upon until 1787. The weakness of this compact 
 was soon perceived, and that anarchy and probabl}^ war be- 
 tween the States would be the result. A new Constitution 
 was proposed, and after much opposition was at last adopted 
 and ratified by the States, and which, with some trifling 
 amendments, exists to the present day. The history of 
 every federal government has demonstrated the weakness 
 of the authority of such governments. To remedy this evil 
 it was resolved to invest this Federal Government with the 
 power of applying itself directly to individuals, forcing them 
 to obedience. To effect this the governable medium was 
 divided into two classes, objects of common interest and 
 those of a private one. Peace and war, the army and navy, 
 foreign commerce, the postoffice and mint, belonged exclu- 
 
AMERICA AND TUE i\MERICANS. 29 
 
 slyel}- to the 'Federal Government. The civil and criminal 
 laM's, as also the administration of the interior, were subject 
 to the States. The army was rendered independent of 
 tliem, the}^ had no further contingents to furnish, as the 
 Federal Government could raise troops at pleasure. It was 
 equally made independent of the States in reference to its 
 expenses, in the creation of a national treasury, and the 
 power of raising contributions. A federal judicial power 
 was instituted to take c(?gnizance of differences between 
 citizens and strangers, or the citizens of different States, 
 between States, and cases in which the United States was a 
 party, while it assumed the jurisdiction of the admiralty.* 
 
 This reform in the powers of Congress required one 
 also in its forms. So long as its authority merely extended 
 over tha governments, it could only be composed of 
 plenipotentiaries ; but as soon as the question applied to 
 individuals — it became necessary that they should be re- 
 presented therein. Two Chambers were the result. The 
 Senate is composed of two members from each State, 
 whatever be its population. They are appointed by the 
 Legislature of the State for a period of six years, receiv- 
 ing their instructions. The Chamber of Representatives 
 is composed of deputies from the people of the United 
 States, divided into Electionary Districts, each forming a 
 population of 40,000 souls ; they are under no instructions, 
 and remain two years in office. In both the Chambers, 
 the votes are individual — and tlie concurrence of both is 
 necessary for the passing of a law. 
 
 The executive power is vested in the President, who 
 is elected for four years, and in the Senate, which ratifies 
 treaties, consents to and advises peace or war, and the 
 nominations to different appointments. 
 
 * The State of New York has always opposed the jurisdiction of 
 the admiralty iadependeiit of the tribunals of the United States ; 
 the Constitution, however, appears clear upon this point. 
 
30 AMERICA AND THE AMERICANS. 
 
 The judicial power is entrusted to a Supreme Court, 
 Circuit and District Courts. 
 
 From this it will be seen that every citizen possesses an 
 interest in the exercise of three very distinct powers, and 
 is thrice represented : as citizen of the United States, in 
 the Chamber of Representatives : as citizen of his own 
 State in the Legislature ; and thirdly, as member of the 
 Confederation, and part of a sovereign State, in the federal 
 Senate. 
 
 Congress is, therefore, composed of two elements, the 
 one repulsive, the other attractive. The Senate repre- 
 sents the individual interests of the isolated States ; the 
 Chamber of Representatives the interests of the people in 
 general, or the citizens of the Union. 
 
 From this extremely complicated but altogether novel 
 order of things, arises a system of balance and counter- 
 poise, infinitely above all that had ever previously existed. 
 It is impossible to calculate the strength of such a govern- 
 ment. It is constructed in such a manner as to feel the 
 slightest breath of public opinion, and obey it, without 
 resistance. 
 
 In its origin, this form of government was not generally 
 well understood, and met with much opposition, until ex- 
 perience demonstrated its solidit}^. Those who were in 
 favor of the Constitution took the name of Federalists — 
 their opponents that of Democrats. The Federalists at the 
 time were composed of, 1st. — People of great foresight 
 and extended views (when Washington was their chief), 
 desirous of perpetuating the union of the States. 2d. — 
 Ambitious people who found the smaller States too small 
 a theater for them. 3d. — The remains of a tory or aris- 
 tocratic party, who perceived in the adoption of this Con- 
 stitution the accomplishment of a great step towards a 
 monarchy or a reunion with England.* This last part of 
 
 * See the highly curious and interesting " Tory letters" now 
 puhlishing in a newly established paper conducted with much zeal 
 and talent, entitled the " Examiner.''^ — Trans. 
 
AMERICA AND THE AMERICANS. 31 
 
 the Federal party was a long time in the ascendant, but it 
 has now become complelely defunct. 
 
 The Democratic party consisted of, 1st. — Republicans 
 of good faith*, intoxicated with the momentary triumph 
 which peace had given them over England, and possessing 
 too much confidence in the strength of the isolated States, 
 2d. — Ambitious men who, having cut a figure in their 
 own State, were fearful of being eclipsed on a new theater, 
 in vvdiich they possessed not sufficient confidence to ap- 
 pear, and Sd. — Rational but sensitive people, who feared 
 the establishment of a monarchy more than a division of 
 the Union, 
 
 At the period the French revolution extended its ad- 
 yantages, as also its ravages, over the whole of the Conti- 
 nent of Europe, England, incapable of conquering her, 
 calumniated her in its journals, which were the only ones 
 then generally read here, in consequence of the identity of 
 languao-e. 
 
 The Federalists compared the Democrats to Jacobins, 
 and prognosticated the same spirit of anarchy should they 
 triumph — while the Democrats called the Federalists 
 agents of England, enemies to the National Independence, 
 Aristocrats, &c. This first division continued, and created 
 an English and a French party^ which lasted under the 
 government of Bonaparte. 
 
 At that time these parties, which were but Federalists 
 and Democrats disguised under another name, took a more 
 decidedly national position — arising from the effects of the 
 Continental system having been felt among us. The in- 
 habitants of the maritime towns, and all those having a 
 commercial interest at stake, both here as well as in Eu- 
 rope, became at the same moment anti-French, and con- 
 sequently English and Federalists. Those, on the con- 
 trary, who thought as Jefierson and Patrick Henry, con- 
 sidering large towns as but the ulcers of a republic, were 
 confirmed in their principles. 
 
33 - .^MERTCA AND THE AxMERICANS. 
 
 The commercial restrictions led to a general murmuring 
 and irritation, which was by no means lessened by the 
 arbitrary measures of England ; and all began to foresee 
 war. The Federalists feared and were opposed to it, 
 either from an idea that it would weaken the Federal 
 Government, or that it w^ould be disadvantageous for 
 them to unite with France against England — or lastly, be- 
 cause it appeared to them that commerce would suffer 
 more from a war, however short in duration, than from 
 the fetters and restrictions which the belligerent powers of 
 Europe could impose. 
 
 The Democrats, on the contrary, saw in war a fair and 
 favorable chance of the States regaining their independence 
 and the discomfiture of England. Full of a noble national 
 spirit, they dared to flatter themselves with ultimate suc- 
 cess in so unequal a struggle. Events, therefore, gave 
 birth to two new parties, those of war and peace, which, 
 after all, were but the same parties considered in a dif- 
 ferent point of view. 
 
 On the acceptance of the Constitution, Washington was 
 elected President. That great man was one of the first to 
 recommend as close a union as possible between the 
 States : and although he was too wise and firm to become 
 the chief or puppet of a party, public opinion considered 
 him as favoring the principles of the Federalists. His 
 firmness towards the Ambassador of the French Republic 
 tended to confirm this opinion. 
 
 To his administration succeeded that of Adams, which 
 was altogether English, and Tory^ and became so unpopu- 
 lar, that he could not be re-elected. Ihe excess of his 
 Federalism turned the scale in favor of the Democrats, who 
 elected Jefferson. Without possessing (properly speaking) 
 talent so superior as has been represented, he was a phi- 
 losopher, a man of letters and most amiable. 
 
 Nobody could have rendered himself more popular, nor 
 like him so well understood how to organize a party. He 
 
possessed so much influence and power over his own, that 
 whatever measure of administration was proposed, it im- 
 mediately took the title oï Democratic^ and was carried by 
 his party. During his administration, we had an opposi- 
 tion party, which made a habit of blindly resisting the ad- 
 ministration, as in England, and called itself Federalist. 
 
 James Madison, who commenced his career with the 
 Federalists, but who afterw^ards occupied a distinguished 
 place among the opposite party, succeeded Jefferson in the 
 Presidency, and also in his influence over his party. He 
 declared war. This measure occasioned a division in the 
 Federal party, which was broken up, and its very name 
 abandoned. I have observed that one part of the Federal- 
 ists were republican and patriotic — while the other was 
 English and aristocratic. The former of these resided 
 principally in the South, the latter in the North and East. 
 Both, as much as lay in their power, were opposed to 
 war ; but no sooner was it declared, than the former join- 
 ed the army, to shed their blood in the common cause, 
 while the other was opposed to all measures of defense. 
 
 Ât this period both parties found themselves acting in 
 direct contradiction to their principles. Without tbe idol- 
 atry of the Democrats for Jeflerson, and the excitement of 
 passions, the Constitution would doubtless have suffered 
 from the war — it was this however which served to conso- 
 lidate it for ever. The Democrats, notwithstanding their 
 distrust in the Federal Governm.ent, voted an army of 
 100,000 men, and direct contributions (and wdiich they 
 considered as both unconstitutional and impolitic in the 
 general government) ; they re-established the navy which 
 Jeflerson had abolished, and by their confidence in the ad- 
 ministration increased their power tenfold in zealously 
 calling under arms and disciplining the militia of those 
 States over which they exercised an influence. The 
 Federalists, on the contrary, opposed obstacle on obstacle 
 to the government exigencies. The governor of Connecti- 
 2* 
 
34 AMERICA AND THE AMERICANS. 
 
 cut, though called upon by the President himself, refused 
 to call out the militia. At last, after two unfortunate cam- 
 paigns, the fault of which lay with the North, the deputies 
 from the different States of New England met at Hartford to 
 advise about the means and necessary measures of termi- 
 nating this unnatural war (as the partisans of England 
 called it). 
 
 This Convention was secret ; it sent a deputation to 
 Washington ; but arriving at the moment of peace being 
 proclaimed, nothing resulted therefrom. This Convention 
 has been accused of a desire to separate the New England 
 States from the Union ; its deliberations having been held 
 in secret, it would have been difficult to acquire any posi- 
 tive information on this point, and I hope for the honor of 
 the gentlemen composing the Convention that no such idea 
 ever entered their heads, although I had my doubts about it» 
 
 If the war was not always successful, nothing could 
 have been more glorious than the peace which follow^ed 
 it ! It sealed the triumph of the Democratic party. It 
 had succeeded beyond its most exaggerated and most 
 sanguine expectations, and fully profited by the victory. 
 The Federalists who had taken a part in the war now re- 
 nounced that title, which had become odious, and it was 
 only applied to the members of the Hartford Confederation, 
 and their partisans, as a scornful reproof. All the journals, 
 all addresses, &c., proclaimed the abolition, the triumph 
 and reconciliation of parties — each according to their caste 
 — until their very existence was buried in mutual recon- 
 ciliation and harmony. All factions disappeared, and even 
 their very names were only called into notice in election 
 disputes. 
 
 It may however be easily perceived that these two 
 parties (in the primitive sense of their name, divested of 
 all accidental circumstances) form the essence of the gov- 
 ernment, and ought to be perpetuated, only under different 
 significations. They serve as a counterpoise one towards 
 
AMERICA AND THE AMERICANS. 35 
 
 the other, and keep the government to a juste milieu course. 
 One observation will serve to dissipate any fears which 
 might arise in reference to their future effect ; it is that 
 neither is desirous of changing the Constitution, but that 
 on the contrary, they dread its destruction— the one from 
 the encroachments of the Federal Government, the other 
 from the encroachments of the governments of the States. 
 They may therefore be considered in the light of two vigi- 
 lant sentinels whose object is negative. 
 
 During the election of one of our Presidents many peo- 
 ple in Europe anticipated that a civil war was on the eve 
 of breakino; out. Nothino; however is more absurd than 
 »such an idea on such an occasion. The excitement and 
 party feeling arise entirely from the personal opinion which 
 each elector forms of the candidates. It is true that a 
 remnant of the Federal party stood forth in favor of Adams, 
 while the opposite opinion was divided between his three 
 rivals. Local sentiments or sectional feelings had much 
 to do in the election. All the East voted for Adams, while 
 the West found itself divided between Jackson and Clay 
 Georgia was for Crawford. The history is thus. I must 
 however first premise that the manner of electing a Presi- 
 dent difïers in the different States. Each State sends a 
 number of electors equal to its delegation to Congress ; 
 they vote individually. But in some States the people 
 vote for all their electors at once ; this is called election 
 by general ticket : in others the people are divided into 
 districts, each of which names an elector ; this is called 
 voting hy district : and lastly, in others, the electors are 
 named by the Legislature . Unless one of the candidates has 
 at least one vote more than half, the election falls into the 
 hands of the Chamber of Representatives, which is obhged 
 to choose the President from the three candidates who 
 have the largest number of State votes. 
 
 Four candidates presented themselves, all men of supe- 
 rior talent, but whose merits were differently appreciated 
 
36 AMERICA ANJti THE AMERICAKS. 
 
 — the one being exalted to the skies by some, while others 
 took a pleasure in proportionately depreciating him. I give 
 their names and titles of recommendation, 
 
 1st. John Quincy Adams, of Massachusetts, son of the 
 ancient President. He had passed the greater part of his life 
 in a public capacity, but always out of the United States. 
 He had been a professor in the belles-lettres, and was alto- 
 gether a literary character. He always belonged to the 
 Federal party — even when in later days he endeavored to 
 depreciate it. He was remarkable for his concise diplomatic 
 manners, and belonged to that school which believed that 
 in order to govern it is necessary to deceive the people. 
 At the time of the election he v/as Secretary of State. 
 
 2d. Andrew Jackson, of Tennessee. Brought up to 
 the bar, where he distinguished himself, at the head of 
 some militia m the commencement of the war against the 
 Indians, he displayed the greatest military talents. Appoint- 
 ed General of the Army, he gained the brilliant victory of 
 New Orleans, and by his administrative, not less than his 
 military talents, saved the whole of the West from an in- 
 vasion. He was always a Democrat, remarkable for his 
 austere republicanism, his resolution, the clearness of his 
 views, his upright character, and for a probity and purity 
 above all suspicion. At the time of the election he was 
 Senator in Congress from the State of Tennessee. 
 
 3d. W. H. Crawford, of Georgia. His career has 
 been chiefly legislative and diplomatic. He had been Am- 
 bassador to France. He v/as always a Democrat. If he 
 had been remarkable in anything, it was for a spirit of 
 turbulent intrigue and corruption. To effect his private 
 ends, it has been said that he availed himself of the influ- 
 ence which the Secretaryship of the Treasury gave him, 
 which office he held at the time of the election. 
 
 4th. Henry Clay, of Kentucky. His career has been 
 legislative. He was one of the Ghent plenipotentiaries. 
 He has ever been remarkable for his eloquence, his ad- 
 
AMERICA AND THE AMERICANS. 37 
 
 dress, his talents as a barrister, and his personal amiability. 
 He was Speaker of the Chamber of Representatives, and 
 possessed a great influence among the members. 
 
 Jackson wanted but very few votes to win him the 
 election. Adams was far behind him, while Crawford 
 followed close to the heels of tlie latter. It rested with 
 the Chamber, therefore, to select betv/een the three can- 
 didates. Their strength in the Chamber (v/here the 
 vote is dependent on the States) was about equal, while 
 the election depended on the part the friends of Clay 
 should take. They declared for Adanjs. Public opinion 
 loudly condemned this election as opposed to the will of 
 the people, inasmuch as Jackson had decidedly a consider- 
 able majority over each of his opponents. The nation 
 deemed its authority ought to take precedence and form a 
 law for the Representatives. The discontent was redoubled, 
 and the people became more clamorous, when the very 
 first act of the administration of Mr. Adams was his ap- 
 pointing Mr. Clay as Secretary of State. From one end 
 of the Union to the other, this was reprobated as a most 
 scandalous proceeding, while from all parts was heard the 
 charge of corruption, venality, &c. These reports may 
 have been a little exaggerated, but the proofs of an odious 
 proceeding appear too clear to induce me to disbelieve 
 them altogether. 
 
 In Europe what would have been the results of such an 
 election, in which the choice of a people was trampled on 
 by intrigue and the most barefaced corruption ? A civil 
 war would, perhaps, have been the result, while for some 
 time two Presidents w^ould have held the reins of govern- 
 ment. But here it was otherwise ; each submitted to the 
 law without a murmur ; with the full determination of not 
 being made a dupe of, in the next election. Nothing 
 could have been more majestic than the spectacle which 
 the nation presented on this occasion — bowing the head in 
 silence, beneath the yoke and power of laws which they 
 
38 AMERICA AND THE AMERICANS. 
 
 themselves had framed. PubHc opinion, however, is here 
 so strong, that, vi^hatever be the administration, it is guided 
 by it, while there is moreover this consolation, that if it 
 can do no good, the people will take very good care it 
 shall do no harm. Happy would it be, and would it not 
 he desirable, that such a state of things existed every- 
 where ? 
 
 On the 18th of January, 1826, the first stone of the 
 future Capital of Tallahassee was laid ; a year previous to 
 this event, all was one immense forest ! On that auspicious 
 day there were not more than one hundred houses and 
 two hundred inhabitants, and one newspaper. A discourse 
 was pronounced, &c. A dinner given, at which fifty per- 
 sons were present, Cities and states rise here as if by 
 magic !* 
 
 * The population of the Capital of Tallahassee now amounts to 
 1,800 inhabitants : it is regularly laid out, and has several public 
 gquares, &c= &c> 
 
CHAPTER III. 
 
 DESCRIPTION OF THE NEW SETTLEMENTS. 
 
 What is a Territory ? — Formation of a State — Compare^l to the En- 
 chanted Gardens of Armida — How peopled and governed — Com- 
 parison between tlie Creek and Cherokee Indians, and the Irish 
 and Austrian Peasantry — Indian Trader — Cooper's " Pioneers," 
 and " The last of the Mohicans" — War between Indians and 
 Hunters — Articles of Treaty — Squatters — Emigrants in the Fo- 
 rests — Sale of Public Lands — Figaro and the Lawyers — " Com- 
 fortable Quarters" — Sessions— Novel "Court House" — Can- 
 vassing for Election to Congress — Court Intrigue — An Election 
 " al fresco " — The Fortunate Member — his Duties — Value of 
 Rivers and Canals to Settlers— The Bar ; its Members— Quack 
 lawyers— Motley Asse"mblage of Settlers — The Genus " Escroc" 
 — Celebration of " Society "in the new State — The Ball — " No 
 Dancing Ladies" — Immolation of an Ox and Pigs on the occasion — 
 Negro in the " Seat of Judgment ;" his Orchestra — The Ladies — 
 Costumes of the Gents— States purchased from France and Spain 
 — British Provinces — Annexation to the States. 
 
 LiPONA. 
 
 Your question as to the real signification of a territory 
 is rather difficult to answer correctly. I will, however, 
 attempt to do so. 
 
 I shall commence with a metaphorical allusion, hy pic- 
 turing one of those heterogeneous beings mentioned in the 
 fables of the Greeks — a sort of new Proteus, continually 
 changing its form under the pencil of the artist. May the 
 copy possess a part of that interest which the original 
 inspires ! 
 
 I am about to describe to you the birth of a nation, and 
 the history of its progress, until it attains its full growth. 
 In the short space of a dozen years you will perceive it 
 elevated from a state of barbarism and ignorance to the 
 summit of civilization. To you this appears miraculous; 
 
40 AMERICA AND THE AMERICANS. 
 
 we have, however, at least a dozen States as examples 
 and proofs thereof: — three States are now, to use a nau- 
 tical phrase, on the stocks, which afford us a view of the 
 process of this transformation of nature in her primitive 
 state. In this we behold rapidly passing before our eyes, 
 and may study, that which historians represent to us as the 
 work of ages. Our country resembles the enchanted gar- 
 dens of Armida : her people and nations multiply as in an 
 eternal sjiring — 
 
 " E mentre spuerta Tun, I'altro matura."* — Tasso. 
 
 You have undoubtedly observed on the chart of the 
 United States, the comparatively small proportion occu- 
 pied by the different States. Has it ever occurred to you 
 to inquire by what process these immense countries, 
 which belong to the Confederation, are peopled and 
 governed .^ I will endeavor to expli^in this. I shall give 
 the history of no particular State, while its recital shall be 
 a general formula applicable to the whole. 
 
 The Indians occupy the space beyond the limits of the 
 States, and even within many territories, which, by treaty 
 or force, the Confederation have compelled them gradually 
 to abandon. When I speak of the Indians, I do not ex- 
 actly mean savages. It is here, in fact, where the mar- 
 velous process of civilization commences. Many nations, 
 or tribes, west of the Missouri, who had never seen the 
 white man, nor had any direct relations with him, are 
 doubtless savages ; but the Creek or the Cherokee, shut 
 up in the midst of civilization, cultivating his lands, having 
 organized a representative government, and established 
 schools, approaches nearer to it than the Irish or Austrian 
 peasant. 
 
 A white man arrives in the midst of a nation yet in a 
 primitive state of complete barbarism, and living in all the 
 pride of ignorance and anarchy : this man is what is general- 
 ly called an Indian trader^ — an intrepid hunter and uncon- 
 
 * While one springs up, the other grows mature. — Trans. 
 
AMERICA AND THE AMERICANS. 41 
 
 scionable cheat ; he takes upon himself the perilous task 
 of traversing unknown countries, where danger threatens 
 him at every step. There he sells powder, arms, coarse 
 stuffs, but above all whisky, in exchange for furs. In 
 general they establish themselves on the banks of some 
 navigable river, on the extreme verge of civilization. 
 These white men generally live with Indian women, who 
 serve them as interpreters. Every year they take a trip 
 to some large town, for a fresh supply of stock, and form 
 for a long period the only means of communication between 
 the white and the red man. In a short time the Indians 
 not only become habituated to the conveniencies of life, 
 but feel they cannot do without them. Formerly they 
 hunted merely with the object of obtaining food, but now 
 they do so more with the hope of making advantageous 
 bargains. This, therefore, is the first step towards civil- 
 ization among them. 
 
 On the other hand, the American hunters form a class 
 as enterprising as it is intrepid. The Indian trader^ re- 
 turning with a rich booty which he brings from a country 
 as yet unexplored, where he finds profitable hunting- 
 grounds, a fertile soil, and wholesome water, resolves on 
 forming an emigration party of his brother traders. For 
 the description of this migration, however, I refer jom to 
 the inimitable works of Cooper, viz. : " The Pioneers," 
 and " The Last of the Mohicans," both of which romances 
 I send you. You will therein perceive, that they have 
 adopted the life of the savage, more from taste than ne- 
 cessity, and that with the skill, patience and energetic 
 courage inherent in that race, they combine and teach 
 them the mildness and humanity of the white. It is by 
 their means we first obtain the knowledge of a new 
 country ; they explore it throughout, and interest us with 
 narrations more or less exaggerated. 
 
 In the meanwhile the Indian remains not ignorant. He 
 cannot now^ do without his gun, powder, spirits, and 
 
42 AMERICA AND THE AMERICANS. 
 
 clothinof ; he establishes himself in the neio;hborliood of 
 the merchant, and begins to purchase horses and cattle. 
 The introduction of tools offers him the facility of con- 
 structing convenient and excellent cabins, while the 
 women (squaws) begin turning up the ground around it, 
 and there planting a little Indian corn and tobacco. At 
 last, we behold Indian villao;es risino; in the desert. The 
 Indian trader is making large profits in his enterprising 
 speculation ; other merchants follow his example, and the 
 whole country becomes overrun with hunters. They now 
 mix with the Indians, and are not long before getting up a 
 quarrel among them. It is generally on account of one 
 of these disputes that a war is almost always provoked, 
 when the government of the Union intervenes, for the first 
 time. 
 
 The Indians kill all the whites whom they fall in with, 
 and not unfrequently advance into the very heart of their 
 establishments, and massacre the women and children. 
 The hunters, on their side, continue the war with an 
 equal degree of ferocity, and are not long before being 
 joined by the regular troops of the line, or the militia of 
 some neighboring State. The Indians are defeated, their 
 cabins burnt, their cattle killed, and hostilities are brought 
 to a close, by a treaty of peace, not, however, until they 
 have learned to feel and appreciate the power of the 
 United States. 
 
 The Indians select for themselves chiefs, who assemble 
 in some central position, where they hold a meeting with 
 the United States commissioners. They there have a 
 talk or conference. The articles of the treaty generally 
 run thus :— 
 
 1st. The Indians to give up the greater and most fertile 
 part of their possessions, and the government, under the 
 name of reservations, guaranties to them as much as may 
 be agreed upon. 
 
 2d. The United States to pay them an annuity, partly 
 
AMERICA AND THE AMERICANS. 43 
 
 in cattle, tools, agricultural instruments and provisions, and 
 partly in money. 
 
 3d. The United States to establish an Agent in their 
 locality, without whose permission no v/hite man shall 
 pass the frontier, or infringe on their territories. 
 
 4th. The Indians, on their part, are^îbound by the same 
 reciprocal conditions, and in like manner subject to the 
 permission of the Agent, by means of a passport. 
 
 5th. Should any difference arise between the white men 
 and the Indians, the complaint must be made to the Agent, 
 who is authorized and empowered to arbitrate between 
 them, and award justice. 
 
 6th. The United States shall establish at the Agency 
 or banker-s house, a smith's shop, carpenter, and school- 
 master, all to be at the service of the Indians. 
 
 7th. In the events of the harvest being destroyed, or 
 the crops failing, the United States to supply them 
 with rations till the next harvest. These reservations 
 may still be seen in the old States, and even in New 
 England. Under these regulations the Indians give them- 
 selves up to agriculture. In some parts towards the South 
 they have prospered, and become civilized, but in general 
 they become indolent and miserable, while their numbers 
 have decreased to a frightful extent, and tribes formerly 
 powerful are now totally extinct. 
 
 We will now leave the Indians, and return to the white 
 population now establishing themselves in the countries sur- 
 rounding them. The war which has taken place has made 
 them more fully acquainted with the country of which it 
 was the theater ; and the government begins to take ad- 
 vantage of it. Within gun-shot of the Agency a military 
 post is established, composed of forty men from the troops 
 of the line. 
 
 The first kind of settlers^ or colonists, are v/hat we call 
 squatters. These are poor citizens, in general possessing 
 very little industry, who, having no means of purchas- 
 
44 AMERICA AND THE AMERICANS, 
 
 ing lands, live on the lands of others, locating themselves 
 on them until expelled by the proprietors. Their poverty 
 originates entirely from their idleness and drunken habits, 
 for those among them who are really industrious seldom 
 fail eventually to make their fortunes. There are, how- 
 ever, many among them, who, industrious, and possessing 
 the means of rapidly increasing their means and progress- 
 ing in w^ealth, pursue this kind of life from choice, from 
 taste, and sometimes from habit itself. They have in 
 general a wife and children, some negroes, and sometimes 
 numerous flocks. They seldom or ever sow two crops on 
 the same land ; but on the contrary quit a district the 
 moment it is becoming peopled. Under their hands the 
 country very soon assumes a new aspect. Every seven 
 or eight miles, they build up cabins from the trunks of 
 trees. Iron being too precious a material in these far soli- 
 tudes, wood is used to supply its place, even in the forma- 
 tion of hino;es and locks. One of these cabins is erected in 
 two or three days with facility : in fact, they appear to 
 spring up as fast as mushrooms. More than once, while 
 wandering in the woods on horseback in search of some 
 strayed horses and oxen, I have in the very midst of the 
 forest, fallen in with a wagon loaded with furniture and 
 children, accompanied by one or two men escorting about 
 thirty or more cows and pigs. After the questions, 
 *^ Where do you come from .^" " Where are you a going .^" 
 "which are always answered in good humor, the chief of the 
 family would ask me for information and details as to the 
 nature of the country, and beg of me to direct him 
 towards the nearest creek or spring. A week after, much 
 to my surprise, I beheld an excellent cabin, a cattle pen, and 
 poultry : the wife dressing cotton, the husband destroying 
 trees, by making a circular incision, which M^e call girdUng, 
 and in fact settling themselves down comfortably, without 
 troubling themselves as to whether myself or anybody was 
 the proprietor of the land. I have also often seen them after a 
 
AMERICA AND THE AMERICANS. 45 
 
 few days' sojourn, abandon their huts without the shghtest 
 reason, and transport themselves to Heaven knows where ! 
 This population of squatters is sometimes exceedingly- 
 numerous, and attracts many cattle speculators, and the 
 pedlar^ a sort of nondescript, who differs from that of 
 Europe only in the circumstance of his shoji being con- 
 tained in a wagon, instead of being carried on his back. 
 
 Among these first settlers^ some of whom are des- 
 tined to make large fortunes, while others remain in a 
 wandering and unsettled state like rolling stones " which 
 gather no moss," there exists no form of government ; 
 hence all disputes are amicably arranged by a fisty en- 
 counter. As they reside out of the United States, they 
 trouble themselves neither with politics nor elections ; 
 their lands or houses are to them but of secondary value ; 
 their only idea of the value of property is in the possession 
 of cattle, all of which are marked ; and should one be 
 stolen, the party assembles his neighbors, and with proof 
 in hand, they go in search of the marauder, on finding 
 whom they administer a flagellation and punishment, more 
 or less severe, according to the value of the article stolen. 
 In a moral point of view, with them, cow-stealing is the 
 greatest crime. Though they have no laws among them, 
 the increase of pojDulation is such as would even alarm Mr. 
 Malthus and his friends. Religion is confined to the ob- 
 servance of the Sabbath. 
 
 Around the huts which I have described, are irregular 
 fields ; Vv'here the trees are still standing but dead ; and 
 surrounded by wooden barriers. Numerous footpaths, 
 well laid out, and their course traced by marks cut in the 
 bark of trees, lead from one cabin to another, wliile wagon- 
 tracks may be seen winding amid the thick shade and 
 antique verdure of the forest. 
 
 In the mean time, v/hile all this is going on, the eyes of 
 enterprising citizens in the neighboring States are open 
 to this rich booty in prospective : some of them set out to 
 
46 AMERICA AND THE AMERICANS. 
 
 reconnoitre ; the settlement is spoken of in Congress. 
 Government proposes to erect the spaces between such and 
 such hmits, into a territory ; a bill establishes the form of a 
 territorial government ; the first step of which may be 
 conceived to run thus : — 
 
 1st. A Governor, with executive power, appointed by the 
 President of the United States for a determined 'number 
 of years. He gives appointments in the territories, and 
 has the right of pardon in all cases of offense against the 
 territory, and demurrer when the offense is against the 
 United States ; he is assisted by a Secretary of State, 
 who acts at the same time as Treasurer. 
 
 2d. A Legislative Council, and executive power, com- 
 posed of twelve members, appointed annually by the 
 President of the United States. They frame laws upon all 
 subjects, which must however meet the sanction of the 
 Governor, and which may be rejected by Congress. 
 
 3d. The judicial pov/er is composed of a Judge for 
 each of the districts into which the territory may be di- 
 vided. He reconciles the jurisdiction of the United 
 States and the Territory. 
 
 4th. A delegate is every two years chosen by the people, 
 to represent them in Congress, where, however, he has no 
 vote ; he completes this simple mode of government, which 
 I shall now endeav^or to explain in its active state.* 
 
 The second step which generally follows the creation of 
 a territorial government is the establishment of a land dis- 
 trict. I have already observed that all the vacant lands 
 belong to the United States. It is necessary these should 
 be sold. In all the States which have been admitted 
 since the Union, this general rule does not hold good. In 
 Kentucky for instance, where land-warrants existed (pa- 
 
 * If I mistake not, many changes have taken place, both in the 
 mode of administration, election, &c., in many, if not all the 
 States, since the above articles were drawn up in these letters 
 written by Col. Murat. — Trans 
 
AMERICA AND THE AMERICANS. 47 
 
 tents) from the State of Virginia, to which that country 
 originally belonged. In Louisiana, and in Florida, conces- 
 sions of lands, made by the old government, the rights ac- 
 quired by the old inhabitants, real or imaginary sales made 
 to the Indians, and who not unfrequently are embroiled in 
 litigation about the titles, which it has been found in many 
 cases impossible to adjust. In order to effect the adjust- 
 ment of these, an administrative commission is generally 
 had recourse to, w^iich, without coming to a decision on 
 the conflicting claims of individual parties, confines itself to 
 separating the alienated lands from those subject to the 
 authority of the United States. To theselatter, therefore, 
 we will confine ourselves. 
 
 There exists at Washington a Public Land Department, 
 which corresponds with the different districts into which 
 the country is divided. If it be in contemplation to form 
 a new district, its external limits are marked out, while in 
 general a central point is selected for the construction of a 
 town, probably destined to become the new capital of a 
 State. A Surveyor-General is appointed, who transports 
 himself with his family and assistants to the point of de- 
 parture ; from this place, with the assistance of the compass, 
 the surveyors begin by tracing the base and meridian, in 
 going from north to south, east and west, in a direct line 
 through the woods, marshes, rivers, &c. ; the line is marked 
 out on the trees, on each side of the chain, so that it can 
 be easily followed. At every sixth mile, the surveyors 
 erect a pole ; from these poles, other lines are marked out, 
 parallel to the base and meridian, thus dividing the coun- 
 try into squares of six miles. Each of these squares is 
 called a township^ and is numbered according to its posi- 
 tion ; each town is afterwards divided into squares of a 
 mile in extent, by means of the lines traced out on the 
 trees ; in the same manner, but differently marked, these 
 second divisions called sections^ contain 640 acres, and are 
 by imaginary lines divided into eighths, of eighty acres 
 
48 AMERICA Af^D THE AMERICANS, 
 
 each. The sections and eighths in each town are numbered, 
 which numbers are indicated on the poles erected at the 
 corners ; so that in faUing in with a hne in the midst of 
 the woods, and follov/ing up to the corner, you will know 
 where you are. For instance, my house, whence I write, 
 is situated eastern half of the south-east quarter of section 
 eight, township one, range three, south-east from Tal- 
 lahassee, 
 
 There is one important provision, which is this : the 
 section marked sixteen of each town is set apart to defray 
 public education, and cannot, therefore, be sold. This 
 operation gives employment to many people. The Sur- 
 veyor-General makes contracts with the surveyors, for 
 such a quantity of work as he may think fit, which gene- 
 rally turn out advantageously to the latter. 
 
 The maximum price fixed by law is four dollars per 
 current mile, which is not too much, if we take into con- 
 sideration that each surveyor ought to have six or seven 
 men to assist him. 
 
 While these geodesic operations are in progress, the go- 
 vernment is being organized. The Governor, generally 
 some distinguished man, who intends establishing him- 
 self in the territory, arrives with his family and negroes. 
 
 The judges then gradually arrive, and the barristers 
 and laAvyers follow, with what Figaro calls ^' all the pro- 
 voking and outrageous accompaniments of the law pro- 
 cesses in the country." Each of these officials generally 
 has a family, and friends who accompany them with the 
 object of establishing themselves. The Legislature as- 
 sembles in the midst of a wood ; a cabin made from the 
 trunks of trees, a little larger, but of the ordinary rude 
 construction, is erected, and the rustic assemblage there 
 seat themselves in their Druidical temple with as much 
 dignity, and often as much talent, as is to be found in the 
 capital. It may be asked, what matters of legislation are 
 there for discussion in a society yet in embryo, of which 
 
AMERISA AND THE AMERICANS. 49 
 
 there exists but the mere skeleton ? They are these : to 
 fix on the locality for the capital and other cities, if there 
 be space enough ; divide the territory into counties ; or- 
 ganize justices of the peace, and superior courts ; make 
 civil and criminal laws ; for this assembly, although held 
 in guardianship as it were by Congress, is already sov- 
 ereign. This done, it only remains for them to petition 
 Congress on all subjects which they deem advisable or 
 advantageous to the future welfare of the infant State. 
 
 This first session of Council gives immense life to the 
 territory ; but that which gives it body and strength is 
 the sale of public lands. 
 
 The President, when he thinks proper, publishes a 
 proclamation, announcing that at such a time and place, 
 such public lands will be sold. A Register and Receiver 
 are appointed by the President, and the great day of sale 
 at last arrives — an event of the greatest importance to the 
 little community. 
 
 Already, since the publication of the proclamation, the 
 country is inundated with strangers — some in search of 
 lands on which to locate themselves immediately ; some 
 to purchase in behalf of a son or relation ; while others 
 come as mere speculators, and buy only to sell off again. 
 
 You will see them all, with compass in hand, distri- 
 buted about the country, following the traced lines, ex- 
 amining the soils, taking notes, in the most profound 
 silence, and avoiding each other as much as possible. 
 
 Perchance they obtain by purchase from some surveyor 
 the secret of some yet unknown and supposed fertile sec- 
 tion. Concealed beneath their cloaks, they carry little 
 plans, containing mysterious ciphers — while all the con- 
 versation runs upon land, its quality, and probable price, 
 &c. During all this time, intrigue and the most impu- 
 dent and barefaced coquincrie* are exemplified in all their 
 glowing smiles of effrontery. 
 
 * Coquinerie. Anglice : Knavery. 
 3 
 
50 AMERICA AND THE AMERICANS. 
 
 The rising capital in which this sale takes place has in 
 the mean while, since the holding of the first Council, 
 assumed a new form. A plan has been adopted, the 
 streets have been cleaned, lots sold on credit, and a capital 
 has been decreed. A crowd of j^eople are expected at 
 the sales, courts, assemblies, and the Legislature. Ho- 
 tels now spring up : deserted for the greater part of the 
 year, their apartments, as yet without windows, are en- 
 gaged beforehand by parties about to occupy them. 
 Covers are laid for thirty persons. Two or three large 
 chambers, which you would scarcely deign to call barns, re- 
 ceive in a dozen beds twice that number of guests. Those 
 who cannot be accommodated wrap themselves up as 
 snugly as they can, and sleep on the floor. There are 
 here no reserved places either for dining or sleeping ; all 
 is here in the true (though rather uncomfortable) spirit of 
 republicanism. Each pays his dollar, and has the privi- 
 lege and right to eat and sleep where he pleases, provided, 
 however, that he does not interfere with a former occu- 
 pant's claim. It is understood that one bed is to contain 
 two individuals, and nobody is so ridiculous or fastidious 
 as to trouble himself as to who is his neighbor, more 
 than in the pit of a theater. 
 
 At last the great day arrives. The crowd increases ; 
 while the speculator and agitator are seen in movement 
 and consultation. The farmer who wishes to establish 
 himself is perfectly calm ; he has already made his selec- 
 tion, and fixed his price. The hour approaches — the 
 poor squatter hastens to the town. He has worked hard 
 throughout the year, in order that he may be enabled to 
 purchase the little spot of land on which his house is 
 built. Perhaps for the want of a dollar or two it will be 
 taken from him, at the hands of some greedy speculator. 
 Anxiety and trouble are depicted in his honest and ruddy 
 countenance. An agitator approaches, sympathizes with 
 him, and offers to withhold his pretensions for the sum of 
 
AMERICA AND THE AMERICANS. 51 
 
 three dollars : the poor ignorant man gives it, without 
 suspecting that the barterer has not the means of out- 
 bidding him. This is called hush-money. The crier offers 
 the lands by eighths, commencing with a section and 
 town in regular order. The prices are different, but the 
 bidding always begins with a dollar and a quarter the acre, 
 that being the lowest price at which the States' lands are 
 sold. An old Indian village, a situation for a mill — the 
 plantation of a squatter — a locality on a road or river, 
 where a town or depot is likely to be established — are all 
 fortuitous circumstances which augment the value of lands 
 tenfold or more. All these sales are moreover made ac- 
 cording to the real or imaginary lines, in which it not un- 
 frequently happens that the field or the house of some 
 unfortunate squatter has to be divided. 
 
 The sale, and all the excitement accompanying it, lasts 
 until all the lands enumerated in the proclamation 
 have been put up. Those lands which remain in the 
 hands of the United States may be entered at 100 dollars 
 the eighth. Hence they who are good judges of fertile 
 lands, and are aware they are the only ones, will do betteis 
 to wait till this period ; for finding themselves without 
 competitors, they obtain them at a low price. 
 
 The sale is now over. Speculators, with title-deeds in 
 their pockets, have returned home to make the necessary 
 arrangements for departure to their new habitations. The 
 planter is off to fetch his family and negroes. The poor 
 squatter! — he too is gone home with a heavy heart, in 
 consequence of his prospects and hopes not having been 
 realized, and is compelled to go once more in search of a 
 new spot whereon to settle, and begin the world again — 
 if such poor efforts may be so called ; or perhaps he will 
 engage himself, as a manager, to the planter who pur- 
 chased his house and grounds : for it may be as well to ob- 
 serve here, that it is the interest of the planter, up to the 
 moment of his requiring the land, to leave him in pos- 
 
62 AMERICA AND THE AMERICANS. 
 
 session, whose presence on the spot is doubl}^ advantageous 
 to him. 
 
 The inhabitants of the town, particularly the inn- 
 keepers, have realized a handsome sum. In place of 
 their log-houses^ elegant houses made of boards and timber- 
 work, painted in all sorts of colors, are erected as if by 
 enchantment in the very heart of the wood, which now 
 assumes the name of city. Trees are cut down on all 
 sides ; their burning stumps and roots indicate the spots 
 destined for streets and public places. Its importance is 
 soon increased by the establishment of a postoffice, and 
 the residence of a postmaster — somewhat of an impor- 
 tant personage, for in its actual state the accession of a 
 family, or even an individual, is anything but a matter of 
 indifference. Daily journals are now started ; each, be- 
 sides one from Washington, or some Atlantic town, re- 
 ceives that from the village whence he emigrated, for 
 every village has its own newspaper. The revievrs and 
 magazines, the literary journals, and novelties of all 
 descriptions, now begin to arrive from New York, from 
 Philadelphia ; and those from England, at moderate 
 prices, one or two months after their publication on the 
 other side of the Atlantic* I remember I read here 
 one of Sir Walter Scott's last romances before it had even 
 reached Vienna. We will now take leave of the town, 
 and see how far the improvements of the surrounding 
 country correspond with it. 
 
 The planter has returned home, has sold his lands and 
 house, has increased the number of his negroes, and taken 
 his final departure with all he possesses ; his furniture and 
 provisions in his wagons, his negroes on foot, himself, 
 wife and family in a coach according to his circumstances. 
 The evenings they encamp ; traversing deserts, opening- 
 roads, constructing bridges, until at last they arrive at his 
 
 * Now, from the rapidity of steam navigation, at least within 
 a month. — Trans. 
 
AMERICA AND THE AMERICANS. 53 
 
 new possessions. His first object is to set about building 
 wooden huts and cabins for his family and negroes. This 
 occupation lasts two or three weeks ; during which time 
 they bivouac. A field is now soon opened and planted ; 
 while the great diflSculty is in the means of subsistence 
 during the first year ; which may be truly called a year of 
 probation. Indian corn is scarce, always dear, and its 
 transport very expensive. Happy the squatter who has 
 realized a good harvest, and can dispose of it, if he hap- 
 pens to be settled near a planter. He makes his own 
 price, enters his own land, becomes himself a planter, and 
 establishes the foundation of an independent fortune. Spots 
 which were lately in spare cultivation, dotted here and 
 there with a miserable hut, surrounded by trees, now be- 
 come rich cultivations of from 50 to 100 -acres; the first 
 year protected by strong fences or hedges ; huts forming 
 regular villages for the negroes, and finally, a large log- 
 hotisej containing three or four commodious chambers, with 
 kitchen, stable, &c., for the family. These buildings have 
 perhaps a miserable appearance externally, but enter them ! 
 It is a country of contrasts. Beneath the roof of this 
 wild habitation, you will find a family almost as well 
 brought up and educated as many in Boston and New 
 York. Their manners are far from rustic. They have 
 quitted the world for a time, and are creating a new one 
 around them. They receive their letters and journals, and 
 are well-informed in the politics of the day. Among 
 these you will not unfrequently find an establishment in- 
 habited by one whose name has been honorably mentioned 
 in the papers, and one who, perhaps, has distinguished 
 himself for his eloquence in Congress, or some State 
 Legislature. He is a citizen, come with the resolution of 
 founding a new country. The women, above all, support 
 these privations with a patience truly angelic, softening by 
 their presence the natural wildness of such energetic 
 scenes, and producing by their affection and solicitude a 
 
54 AMERICA AND THE AMERICANS. 
 
 singular, but soothing and agreeable, contrast to the savage 
 prospect around them. A planter never comes alone ; he 
 has influenced parents or friends to emigrate with him, or 
 at least to pay a visit and see the country, where the 
 greater part of these visitors ultimately establish them- 
 selves. In the midst of his improving plantations, and 
 the circle of his family and old friends, he lives in his new 
 home happy and comfortable, from which he is seldom 
 called away on other matters. He is, however, obliged 
 to serve on juries ; the first court is about to open its ses- 
 sions, and the sheriff has arrived to cite and dine with 
 him. A Judge is also arrived, who is in general a man of 
 merit, who may be, however, as frequently happens in 
 this new state of society, the refuse of other tribunals. 
 As yet, there is no court-house. The Judge, therefore, 
 faute de mieux, selects- either the large saloon of the tav- 
 ern, or some spacious granary. I have seen the court sit 
 in a store, where boards placed on barrels of pork and 
 flour formed seats for the audience. A week's session 
 also gives rise to much amusing excitement, and fills the 
 pockets of the hotel-keepers. People crowd to it from 
 within a circuit of fifty miles, either on matters of busi- 
 ness, or mere curiosity. The period of this meeting is 
 turned to advantage by all parties. The one offers his 
 negroes for sale, the other exhibits the graces and superior 
 beauty of his favorite thorough-bred stallion, in order to 
 gain customers. Lawyers seek clients, and doctors 
 patients. The sheriff opens the court, calls over the 
 causes, and all is silence. 
 
 In two rows are seated four and twenty free men, heads 
 of families, housekeepers, forming the grand jury. But 
 what a motley assemblage ! From the huntsman in his 
 leather shirt and breeches, whose beard has not felt the 
 edge of a razor for at least a month ; the squatter in his 
 straw hat, and dressed in coarse domestic stuffs made up 
 by his wife ; the little merchant, showing off in all the 
 
AMERICA AND THE AMERICANS. 55 
 
 elegant exaggerated graces of the counter, sitting by the 
 side of the blacksmith, even to the wealthy planter but 
 lately arrived — in fact all ranks, all professions and trades 
 jumbled together ! 
 
 Silence is again called, and the drama opens. The 
 barristers plead their causes according to their capacity 
 and talents. The Judge makes his charges with as much 
 dignity as if he were sitting in Banco Regis, in Westminster 
 Hall, while the verdicts are given devoid of that whim- 
 sical appearance which those courts and juries present. 
 Evening arriving, the court adjourns to the following 
 morning. The same scene again presents itself, with this 
 addition, that the pleaders amuse the people in the differ- 
 ent taverns by a harangue or resume^ on the justice of 
 their causes, &c. 
 
 The period of opening the court is taken advantage of 
 by the candidates for the post of delegate to represent the 
 people in Congress. With the assistance of their friends, 
 they commence a vigorous canvass among the assembled 
 multitude to gain their suffrages, and employ all possible 
 means of persuasion, and sometimes cunning deception, 
 to accomplish the object of their ambition. Histories of 
 each candidate's career are alternately vaunted and given 
 the lie to. Each addresses himself to the people, to whom 
 his friends also address themselves in his behalf. Then 
 disputes begin, which from the soft persuasion of oral 
 eloquence generally terminate in a sturdy pugilistic battle, 
 particularly towards evening, when temperance is not 
 quite the order of the day ; as each candidate regales his 
 friends with strong potations " ad libitum et usque nau- 
 seam."* 
 
 To enjoy an election, however, a stranger must see it 
 ^' al fresco" in the country. The day arrives — for several 
 months the candidates and their friends have been actively 
 engaged in canvassing, going from house to house, and 
 
 * Anglice : As much as you like till drunk. — Trans.. 
 
56 AMERICA AND THE AMERICANS. 
 
 settlement to settlement, full of persuasion, explanation, 
 solicitation, &c., until the poor elector becomes complete- 
 ly bewildered with promises. In general, the friends of 
 the candidate give themselves more trouble than he him- 
 self. The Governor, by proclamation, has fixed the day, 
 and divided the country into sections, in each of which he 
 selects a central house, and appoints three election judges 
 or scrutiniers. These three dignitaries of a day assemble 
 'at early dawn, and swear on kissing the Bible, to demean 
 themselves with integrity, &c. They seat themselves at 
 a table near the window. An old cigar box duly patched 
 up, with a hole in the top, a sheet of paper, pen and bottle 
 as an apology for an inkstand, form next to themselves, the 
 prominent features of this august tribunal !* Each elec- 
 tor presents himself at the window, gives his name, which 
 is registered on the paper, deposits his ballot in the box 
 which is presented to him, and retires. If the judges doubt 
 the elector's qualification (from age or residence), they 
 put him on his oath. In the room itself, all is conducted 
 with the greatest order ; not so, however, without. The 
 forest is soon encumbered with wagons and horses. The 
 electors arrive in squadrons, laughing and singing, not un- 
 frequently half so-and-so, since the commencement of their 
 morning's ride, when they become eloquently vociferous in 
 praise of their favorite candidate. The candidates, or 
 their friends, present themselves to the electors on their 
 arrival, and pounce upon them with ballots already pre- 
 pared and often printed, which only exposes them to the 
 rough railleries of the countrymen. Hardly is one arrived, 
 before he is questioned as to his vote ; and is either 
 greeted w^ith applause, or hooted, according to his opinions. 
 If an influential man presents himself at the poll, he an- 
 nounces his opinion in a short address ; the clamor ceases 
 for a moment, while his " sweet discourse" w^ins over a 
 
 * It must be remembered the Colonel is describing a State elec- 
 tion in its primitive existence. — Trans. 
 
AMERICA AND THE AMERICANS. 57 
 
 party to his principles, and nobody presumes to molest 
 him. The whisky, however (not exactly the " nectar 
 of the gods"), all this time is going its rounds ; towards 
 evening all have, more or less, disposed of their sober 
 qualities, and it is rare that the sovereign people abdicate 
 power without a general set-to, where nobody can be 
 heard, and from which all who claim the enviable distinction 
 of possessing a vehicle take very good care to keep aloof. 
 Each now goes home ; the judges examine the votes, and 
 transmit the result to the capital. On the following morn- 
 ing, friend and foe, conqueror and conquered, become good 
 friends, as if nothing had happened ; so much so, that a 
 little rough encounter has been known to make the best 
 friends imaginable. Vox populij vox Dei, is here an abso- 
 lute axiom ; where all have been taught from earliest in- 
 fancy to yield to the majority. It must be observed, that 
 the public interest suffers not in the least for this tumult, 
 because, generally, before voting, each has long previously 
 made his mind up, as to who shall be his favorite ; and he 
 he drunk or sober, at the election, he adheres to 
 his resolution. The excitement of an election passes off 
 rapidly ; before it takes place, it forms the general topic 
 of conversation, but on the follovv^ing morning it is no more 
 talked about, nor thought of, than the Great Mogul. 
 
 The post of delegate is the most enviable of any which 
 presents itself in a country ; for, independently of the ad- 
 vantage of being a member of Congress, and passing the 
 winter delightfully amid festivities, where the best society 
 is assembled, to be personally known to all the most 
 distinguished men in the Union renders his influence on 
 the destinies of the territory immense. He is consulted, 
 ex-officioj on every subject which concerns its interest, 
 while appointments or vacancies are generally filled up at 
 his suggestion or representation. 
 
 He has given the people promises, which he makes it 
 his object to realize. They probably have reference to 
 
5S AMERICA AND THE AMERICANS. 
 
 roads, canals, postoffices ; changing the situation of dis- 
 trict courts, and increasing or else diminishing their num- 
 ber ; obtaining gratuitous grants of public or government 
 lands for the building of towns, the construction of bridges, 
 augmenting the number of members of legislature, getting 
 such a law confirmed or rejected, &c. Of all these import- 
 ant points he will gain some, and lose others. His party 
 will endeavor to justify him, while the other will of 
 course censure him for having done nothing, because he did 
 not succeed in everything ! and the probable result of this 
 conflict of opinions will be, that he loses his election ; 
 the more so, because, during his two years of probation, 
 the interests of the population will have changed, or through 
 the proverbial fickleness of the people they have got tired 
 of him. 
 
 I have stated that the first j^ear the planter brought his 
 provisions with him, his tools and in short all the neces- 
 sary materials, as well as clothing for his negroes : but 
 this is not the case during the succeeding years. Large 
 assortments of all kinds are now transmitted to him from the 
 Atlantic cities by means of our immense rivers and canals. 
 Magazines are established in the rising towns ; producing 
 large profits — for all is sold for double and triple its value 
 at least. The first arrivals consist of provisions, such as 
 beef, pork, salt-fish, ham, butter, lard, spirits, flour, and 
 stuffs for the families and negroes, culinary utensils, sad- 
 dlery, ironmongery, medicines, &c. All these articles are 
 jumbled together pêle-mêle in the same shop or store, by 
 the s^me enterprising speculator. The merchant, who is 
 generally but the interested agent of some large northern 
 firm, generally takes a family with him, w^ho introduce 
 the fashionable elegancies of the city which he has just 
 left. His dress is remarkable, inasmuch as its cut and 
 style are so totally different from that of the population in 
 general, forming a perfect contrast. Usually he suc- 
 ceeds wonderfully, though he is often under the necessity 
 
AMERICA AND THE AMERICANS. 59 
 
 of giving the planter credit until he gathers in his crop. 
 He almost invariably purchases the produce of the country 
 — with which he returns to the North, when he has dis- 
 posed of his first lot of goods. Thence he again makes his 
 appearance with a new and more extensive assortment, in 
 proportion to his success and the increase of popula- 
 tion. 
 
 The lawyers^ jurisconsuls, barristers, attorneys, and no- 
 taries (for the profession embraces all these branches) 
 now arrive. Our country abounds with a host of poor 
 devils, without any pecuniary means, although, however, 
 they may have received some sort of education. They 
 shut themselves up and study the laws ; at the same time 
 following some other occupation — such as the army, in a 
 counting-house, or even an hotel, and as soon as they feel 
 themselves sufficiently competent to undergo an examina- 
 tion, they are received, and gain a livelihood thereby. 
 Here are found a host of little pettifoggers — who enter in- 
 to discussion, and get up quarrels among the poor ignorant 
 people — drag them into the law courts, and accomplish their 
 end by pocketing thirty dollars or so. Nothing, however, 
 can be more respectable lt honorable than the bar of 
 several of the old States, as nothing can be more despica- 
 ble and miserable than the illegal pollution surrounding 
 the court-house of a new State in its infancy. I must, 
 however, make exceptions ; many among them are gentle- 
 men, who perfect themselves in their studies by practice, 
 make money, and acquire respect and consideration. 
 Some lawyer, regularly brought up to his profession, soon 
 arrives to establish himself in the State ; he monopolizes 
 the practice and the fees — all the charlatans are eclipsed, 
 annihilated " root and branch," and ultimately obliged to 
 decamp, or seek their fortune practically in some other 
 occupation. 
 
 It is at this period that the Territory becomes a prey to 
 " vagabondage^'''' to broken down and unprincipled bank- 
 
60 AMERICA AND THE AMERICANS. 
 
 rupts, agitators of all kinds, who seem to have made this 
 their rendezvous, from all parts of the Union. Before, 
 the country was too poor, and offered no encouragement 
 to these vampires ; but at a later period, having become 
 more important, they commence their ungodly trade, with 
 the most consummate roguery and impudence. 
 
 There is one species of the genus " escroc ''* which 
 almost deserves a chapter apart. I have already stated 
 that in our Territories a greater part of the lands had been 
 granted away by former governments, where any doubt 
 as to the title existed. Speculators have bought these up 
 from the poor people to whom they were originally 
 granted — or they have not unfrequently gone so far as to 
 draw up false titles — or bought lands from the Indians — 
 which they know to be contrary to law, and, therefore, 
 null. They get fine plans of their possessions drawn up, 
 and beautifully colored ; if the titles are of a doubtful 
 character, they have lawyers whom they consult, or claim 
 the right of patent. Armed with these instruments of de- 
 ception, they proceed to the country to which emigration 
 has commenced, and exchange their imaginary possessions 
 for every kind of real property. A stranger could form 
 no idea of the skill and talent v/hich some of them dis- 
 play, nor of the extent of their schemes. They become 
 sometimes so sufficiently powerful as to check and impede 
 the advance of civilization — as unfortunately they gain 
 much influence by means of their impositions, so much so 
 that they not unfrequently possess the power of con- 
 trolling the elections. 
 
 This state of corruption, however, is not of long dura- 
 tion ; the population increases daily, society is formed, 
 and these vampires are obliged to " hide their diminished 
 heads." - 
 
 The formation of society is generally celebrated by pub- 
 lic festivals. The 4th of July, the day of Independence — • 
 * Anglice : cheat, (sharper, pilferer. — Trans, 
 
AMERICA AND THE AMERICANS. 61 
 
 the 22d of February, Washington's birth-day — the 8th of 
 January, anniversary of the battle of New Orleans, present 
 favorable occasions for this. Some time previously, a 
 public assembly is convoked in a tavern or hotel ; a presi- 
 dent and secretary (for all is conducted in proper form) 
 are appointed by acclamation. An orator proposes to ce- 
 lebrate the day, gives his reason, and another makes a 
 motion for a dinner : this is put to the vote, the matter 
 is opposed from the circumstance of the room not being 
 sufficiently large to contain the assembled people desirous 
 of partaking thereat. Another proposes a barbecue or din- 
 ner in the open air ; this is supported and adopted : while 
 another proposes that a discourse be delivered, suitable to 
 the occasion. This is also adopted. 
 
 Some person proposes a ball, but herein lies a diffi- 
 culty, as there are but three ladies in the city who dance : 
 had there been four the proposition would have been car- 
 ried. The meeting now appoints an orator and committee 
 of management, which done, they all separate. The 
 process-verbal^ duly certified, is inserted in the newspaper 
 (a weekly one being already established), to the great joy 
 of the printing editor, who happened to be much in want 
 of material. On the day appointed, the citizens assemble 
 in procession, and proceed to the church, the hotel, or the 
 court-house, perhaps to a granary, according to circum- 
 stances, where they are favored with an oration — generally 
 good, and not unfrequently eloquent. This over, they de- 
 part to a selected spot, overshadowed by trees, where 
 their olfactories and appetites are titillated by the savory 
 fumes emitted from a roasting ox, accompanied by his at- 
 tendant squires, in the shape of fat victimized pigs, also 
 undergoing the interesting process of roasting. The ex- 
 penses are met by a general subscription, while toasts are 
 given indicative of the political opinions of the people pre- 
 ent. On the following year there will be another barbe- 
 cue^ oration, and this time a ball, also given by subscrip- 
 
62 AMERICA AND THE AMERICANS. 
 
 tion, for which the court is appropriated and adorned with 
 banners, &c., the judge's seat being filled by some old 
 negro, who fiddles away, accompanied by his orchestra, 
 composed of two little sprouts of negroes playing the tam- 
 borine and triangle. The hall is brilliantly illuminated 
 with tallow candles, while the ladies, however (God bless 
 them), are as well dressed, and as beautiful, as any in New 
 York. The planter has doffed his coarse leather hunting- 
 coat, and substituted a handsome, fashionable blue dress 
 coat in lieu thereof, which said coat he had worn in 
 other times, and in another land, while, perchance, gallant- 
 ly playing the Lothario, or that nondescript, a " gay de- 
 ceiver." His manners, however, are those of the best so- 
 ciety. The want of " Strauss's " band, and the somewhat 
 discordant harmony of the ebony orchestra, add much to 
 the evening's entertainment, and serve to create and keep 
 up dancing, good fellowship, and that true hilarity which 
 springs from the heart — until they come to the determined 
 resolution of not going home " till morning." We will 
 say nothing about champagne-headache, vows, broken 
 promises, hearts, &c. 
 
 In the meanwhile the legislative sessions succeed each 
 other, while each successive year brings an increase to its 
 members. The government has become firmly establish- 
 ed. Courts of justice, adorned by the talents of the judge 
 and bar, have been formed in each county : the number of 
 which has doubled every year. Taxes on negroes, ani- 
 mals, &c., have been raised ; corporation charters have 
 been granted to the different towns ; and the time has 
 arrived when the second degree of the territorial govern- 
 ment is demanded. 
 
 This consists in granting the people the election of a 
 council, and other privileges in the judicial organization. 
 It is not long before the people feel the advantages of 
 self-government. Public opinion takes a decided charac- 
 ter : intriguers and escrocs become reformed, or quit the 
 
AMERICA AND THE AMERICANS. 63 
 
 country. These latter measures advance with remarkable 
 rapidity : emigration continues in geometrical progression : 
 capital accumulates, and a public bank is established ; 
 while from year to year a verification is ordered. 
 
 At last the anxiously anticipated time having arrived,when 
 the Territory proudly numbers its 40,000 souls, it is admitted 
 to the rank of a State. A convention assembles to organ- 
 ize its constitution, which always consists of an elective 
 governor and two legislative chambers. The legislature 
 sends two senators, and the people one representative to 
 Washington ; and the new State begins to revolve in its 
 orbit, augmenting the strength of such and such an inter- 
 est, and changing the equilibrium and political balance of 
 che Senate. 
 
 In this rapid sketch, it will be observed that I have not 
 touched upon religion ; the reason is, that generally, in 
 àiis primitive state of society, it is of so irreverent a cha- 
 
 ^r that I have sought to avoid it. In proportion as 
 iiorals improve, religion becomes purified ; and an idea of 
 the progress of civilization may be formed from the estab- 
 
 nment of a Presbyterian, but above all, an Episcopalian 
 church, which I look upon and hold to be the true religion. 
 In the improved state of society which I have attempted to 
 describe, education is united to and keeps pace with reli- 
 gion. Primary schools in the hands and under the influ- 
 ence of Christian ministers, and academies, superintended 
 by Yankees, are all which exist. As soon, however, as 
 the Territory merges into the dignity of a State, and some- 
 limes even before that period, the sixteenth section be- 
 comes its property, and serves for the establishment of 
 permanent funds for public education, either employed in 
 detail in each town, or centralized in universities, col- 
 leges, &c. 
 
 This subject is, however, sufficiently important to merit 
 a separate article. 
 
 I have only spoken of the South, having never traveled 
 
64 AMERICA AND THE AMERICANS. 
 
 in the north-western part of the United States. I, how- 
 ever, am led to imagine, that my exposition may in a great 
 measure apply there also, by setting aside the negroes, 
 and imagining the squatters to possess more industry and 
 activity. Religion ought, also, to hold a higher place, and 
 exercise a more considerable influence there. Specula- 
 tions on lands in the North, if I mistake not, have also been 
 entered into in a more liberal spirit. There the speculator 
 has not satisfied himself with the mere purchase, but he 
 has improved the lands, by the formation of roads, the con- 
 struction of drains, and farnôîng them out. These differ- 
 ences and improvements are of a decisive nature, but I 
 cannot enter into further detail. 
 
 I shall terminate this sketch by one important reflection. 
 We have purchased Louisiana from France, and Florida 
 from Spain. These countries are peopled, and possessed 
 of laws, in general so opposite in their character to the 
 spirit of our government, that even supposing they pos- 
 sessed a population sufliciently numerous to become States, 
 \hej would have required an immediate form of territorial 
 government, in order to amalgamate them, and dissolve 
 their ancient customs and prejudices. 
 
 This would not be the case with the British possessions 
 on the continent, and the East India possessions ; they are 
 organized into provinces, possessing their legislatures and 
 laws. In order to join them to our Union, it would only 
 be necessary to admit them, and receive their senators and 
 representatives in Congress. But may Heaven preserve 
 us from them ! The increase of influence which the 
 southern interest would thereby receive would be far from 
 equal to the proportion in which would benefit the North. 
 In the present actual state of the Union, it is the only 
 chance of dissolution v/hich threatens it. In twenty 
 years, when the South shall be placed in the ascendant, 
 which will set her interests " a couvert", this increase 
 
AMERICA AND THE AMERICANi^. 65 
 
 of territory might be desirable, but much more so for 
 the subjects of Great Britain than for us.* 
 
 * This opinion was hazarded twenty year ago, and at the present 
 moment has something of the prophetic in it. — Trans. 
 
 Note by the Translator. — This interesting chapter having 
 been chiefly devoted to the description of the formation and gra- 
 dual progress of a settlement, amid the primeval forests of 
 America, towards its elevation into a new State, some facts in 
 reference to its gigantic strides towards civilization, and its rapid 
 and almost marvelous increase of population, may not be unac- 
 ceptable. To give the general reader (and more especially 
 foreigners) an idea of its magnitude, I append the following 
 ■Valuable statistical document, extracted from a most useful and 
 highly interesting little book, published in New York, entitled 
 the "Whig Almanac for 1849": 
 
 "It is an old saying in Europe, that 'There's room enough in 
 America for everybody ;' and, during 1848, 350,000 settlers, accord- 
 ing to late estimates, will have left their homes in the old world 
 with the expectation of improving their circumstances and in- 
 creasing their chances of happiness in the new. There are thou- 
 sands of millions of acres of what are called the public lands ; the 
 Western Passage Company offer to convey passengers from New 
 York to Chicago, 1,525 miles, or to Milwaukie, 1,445 miles, by 
 canals and steamboats, in ten days, for ^'8; and if the poor man 
 with a large family could but get rid of the $ 100 tax on his 80 acre 
 wild lot; if the speculation and land-jobbing were effectually 
 checked by the prohibition (as in republican Rome 2,000 years 
 since) of any larger estate in the hands of one man than 360 or 640 
 acres ; and if the curse of negro slavery were excluded from the 
 yet unpeopled West, the progress of free institutions would be un- 
 impeded from the Atlantic to the Pacific; the crowded cities of the 
 Atlantic seaboard would get rid of an uneasy surplus population, 
 which could well be spared in the East, and would soon find itself 
 in a thriving and prosperous condition on the banks of the Missis- 
 sippi and Missouri. 
 
 " The Land Office Report of December, 1848, mentions that the 
 public domain lies in twelve States, and in the Territories, and 
 covers 1,584,243,000 acres, of which 142,026,003 have been sold. 
 Of the unsold lands, there are, in Ohio 875,465 acres; in Illinois, 
 15,693,076 acres ; in Indiana, 8,572,645 ; in Wisconsin, 28,863,763 ; 
 
6 AMERICA AND THE AMERICANS. 
 
 in Iowa, 29,868,068; in Missouri, 29,766,740; in Arkansas, 27 ,669,- 
 220; in Louisiana, 23,677,775 ; in Mississippi, 11,815,040; in Ala- 
 bama, 17,516,346; and in Florida, 36,137,137 acres. During 1847, 
 the land sales were 2,521,305 acres, also 1,448,240 acres in first 
 nine montlis of 1848. Mexican land warrants have been located on 
 1,775,520 acres ; Mexican war warrants have been issued for 6,505, 
 960 acres. 
 
 " Ohio was a wilderness fifty years since, having a few thousand 
 souls scattered over its fertile plains ; it is now a great and pow- 
 erful community of nearly two millions of free, independent and 
 happy citizens. Thirty-eight years since, Indiana, Illinois, Michi- 
 gan, Wisconsin, and Iowa, contained but 42,564 inhabitants ; they 
 are now the home of 2,750,000 Americans. The railroad, steam- 
 boat and canal have been of infinite service to them, and the elec- 
 tric telegraph forms an additional bond of union. Chicago, De- 
 troit, Cleveland, Buffalo, Rochester, Montreal, Quebec, Bostlhi, 
 New York, Albany, Philadelphia, Baltimore, Washington, Charles- 
 ton, New Orleans, Nashville, Louisville, Cincinnati, Pittsburg, St. 
 Louis and Galena are already united by the telegraph, and every 
 important event that happens in any one of these cities is commu- 
 nicated with more than lightning speed to the inhabitants of all 
 the others. 
 
CHAPTER IV. 
 
 SLAVERY. 
 
 Slavery discussed, but not defended — Influence of England — Eng- 
 lish West Indies — Right of Man over the Animal Creation — In- 
 dians and White People — Indians in Spanish and North America — 
 African Slaves — State of Slavery at the Revolution — Treaty of 
 1808 — Comparison between the Southern and Northern States in 
 relation to Negro Labor— Planters of the South, their generous 
 Hospitality and Kindness to their Slaves — Comparison between 
 Slave and Free Negro, and the Slave with the European Laborer 
 and Peasant— The West India Negro in a state of Freedom relap- 
 sing into a state of Indolence — St. Domingo an example — Charge of 
 Cruelty refuted — Negro Marriages — Anecdote — Description of a 
 Plantation— Happiness and Comfort of the Negro— Treatment^ of 
 Negroes in Virginia and Maryland— Slave Laws and Laws relative 
 to Free Negroes — The Don Quixotes of Emancipation — Coloniza- 
 tion to Liberia — Slavery an Evil — Its total Abolition. 
 
 LiPONA. 
 
 In general there exists a strong prejudice in Europe against 
 our southern States. Like many other things, slavery, when 
 viewed from afar, has quite another physiognomy from 
 that which presents itself to us when viewed on the spot. 
 That which appears rigorous in law -becomes lenient by 
 custom ; abuses destroy themselves ; and that which ap- 
 pears monstrous and horrible in theory not unfrequently 
 becomes tolerable in practice. My .object, therefore, in 
 writing on slavery, is by no means to defend it, but to 
 rectify false notions, and afford a just idea of the condition 
 of our neo;roes in the above-mentioned States. The sub- 
 ject has now become of the utmost importance, both on 
 our continent and islands, and 1 have not unfrequently 
 asked myself, how it is possible, that among so many 
 authors who have written on America, not one of them 
 has noticed this all-important matter with the justice and 
 impartiality which it deserves, or even given it that con- 
 
68 AMERICA AND THE AMERICANS. 
 
 sideration which it merits. In the works of several Eng- 
 lish travelers, we find pages colored with many disgusting 
 and exaggerated accounts of the filthiness of the negroes 
 and the cruelty of their masters, amid all which rhodomon- 
 tade I defy the reader to point out one page therein which 
 contains a word of common sense on the subject. 
 
 Unless we change the system of labor in our working 
 classes, and consequently all our social relations, and 
 create different habits and customs, and exercise a more 
 powerful influence in relation to education and religion, 
 slavery is and will be the great point around which all our 
 internal policy (in reference to these States) will revolve. 
 Its influence is everyv/here felt ; even among those who 
 appear the least affected thereby. 
 
 I will not attempt a refutation of the calumnies, as gross 
 as they are absurd, which have been raised against the 
 proprietors of slaves ; in fact, it is not worth the trouble. 
 Sentimental pathos is not the weapon to oppose to the 
 general custom of ages. We must have sound reasoning 
 well founded in moral as well as political economy. Why 
 have not the friends of the black race acted upon these 
 principles ? These calumnies and prejudices in a great 
 measure owe their origin to the jealousy of Great Britain. 
 The English minister (in 1827), wishing to stop emigra- 
 tion to the United States, descended so far as to induce 
 mercenary writers to travel and promulgate, through the 
 press, false statements against our people and government. 
 In all these works, which had an extensive circulation with 
 John Bull, and thereby influenced his mind, the subject 
 of slavery has been the avowed and principal topic. 
 Another cause of error has been the establishment, in 
 England, as well as here, of certain religious sects having 
 a theocratical tendency, of which I shall hereafter speak. 
 These sects undertook a crusade to save our souls at the 
 expense of our lives and properties, and the British min- 
 ister, in order to possess their influence, v/as obliged to 
 
AMERICA AND THE AMERICAN'S. 69 
 
 second their operations. To this sect do we owe the 
 suppression of the treaty on negroes and laws for the 
 protection of horses. And to these, also, ere long, will 
 England be indebted for the total loss of the colonies in 
 the West Indies, for the course pursued by her in this 
 respect is diametrically opposed to reason and the doctrines 
 of sound judgment.* 
 
 The motives which exist against the possession of 
 slaves may be divided into two classes or sections — those 
 of right and of calculation. I will endeavor to argue these, 
 and in the first place, justify the right in the possession by 
 prior sanction of government, and then demonstrate that, 
 during certain periods of society, this order of things is 
 equally as advantageous to the slave as to the master. 
 
 There can exist no doubt as to the question of right, 
 provided we are dispassionately allowed to explain and 
 make ourselves mutually understood. There exists an 
 error in the consideration of the existence of this right as 
 absolute. By an individual right we are by no means to 
 understand a natural right. The individual has a right to 
 appropriate to himself or destroy all obstacles which oppose 
 his views in a rational sense. A man meets a lion, and 
 has the indubitable right to appropriate the skin of the 
 animal to his own particular purpose, while on the other 
 hand, the lion has an equal right to the flesh of the man. 
 The difference is, the one defends his skin, the other his 
 flesh ; hence it follows that the spontaneous objective in 
 each becomes an obstacle for the other, and which either 
 has the right to destroy. Here are, then, two incontest- 
 able rights in presence of each other ; while there neither 
 exists, nor can exist, between them any other arbiter or 
 decree than the general laws of nature. The man, how- 
 
 * Tliis opinion has proved erroneous. England committed an 
 error in her breach of faith with the proprietors in emancipating 
 the apprenticed negroes, in 1838, instead of 1840, without compeu- 
 sation. — Trans. 
 
70 AMERICA AND THE AMERICANS. 
 
 ever, by no means recognizes his rights over the Hon, or 
 imphes that the animal should yield a willing obedience 
 to his will, but tries to overcome him by stratagem and 
 force. 
 
 The social state effects great changes, as regards individual 
 rights, and upon this point the three following rules may be 
 established : 1st. Societies acting among themselves, as 
 individuals do, without any other existing order than that 
 of individual or natural right. 2d. These societies pursu- 
 ing the same course of action, in relation to individuals 
 who are strangers to them. And 3d. The members 
 of a society retrieving their individual independence in 
 objects foreign to the laws which regulate that society. 
 
 A man catches a horse, and breaks him in ; has he 
 acquired a natural right over the horse, as such ? None 
 whatever. He may appropriate the horse to his own 
 special use, but the horse has an equal right to throw him, 
 and run away. The laws of nature, which award the 
 victory to the strong, and more especially to the more 
 skillful, decide this conflict of individual right. The rider 
 had, however, acquired a social right over the horse, in 
 relation to society, which is bound to encourage and pro- 
 tect industry and labor, and guaranty us the use and pro- 
 fits of our labor. It will protect the horse from being 
 stolen or killed, and if he escapes, every means is afforded 
 whereby he may be recovered or exchanged for any other 
 article which he may have acquired by his industry, or 
 that of another^ and substitute that other among his own 
 lawful rights. 
 
 A man has undoubtedly no claim to the possessi(»i of 
 another man, in relation to that man ; but possesses this 
 claim in relation to society : 1st. Supposing them to be 
 both members of society, bound by a certain contract, the 
 violator of that contract commits a moral offense for 
 which he deserves a punishment commensurate with that 
 offense. 2d. Supposing only one of them be a member 
 
AMERICA AND THE AMERICANS. 71 
 
 of society, which guaranties him a right over the other. 
 Here there is no contract, no moral offense, nor punish- 
 ment, but in case of resistance, however, both have an 
 equal right to fight a l'outrance, although the one has a 
 claim on that society for assistance. 
 
 To sum up, the slave has as much right to resist his 
 master and escape, as the master has to his capture and 
 the appropriation of his services for his own individual use. 
 There exists no mutual contract between them, and con- 
 sequently no reciprocal right, for one social right can only 
 be based upon another. An error has arisen, that of instill- 
 ing into the slave the notion of a passive obedience being 
 a moral duty or obligation, which is in itself absurd ; for 
 this signification would imply a contract by which all the 
 advantages would be on one side, and all the disadvantages 
 on the other. Such a contract is null, ipse facto. The 
 master, however, has as much right to the support of 
 society in his authority over the slave, as he had in refer- 
 ence to the horse. '^ 
 
 We will now dismiss these abstract considerations, and 
 proceed at once with our subject. When America was 
 colonized, there certainly existed no treaty between the In- 
 dians and the white people. Both parties had, therefore, 
 reciprocally the right of mutual appropriation, and mutual 
 destruction as often as they came in contact, were they so 
 disposed. According to the eternal laws of nature, the 
 most skillful, though they be the weaker party, will triumph ; 
 hence, the natives were reduced to slavery throughout the 
 whole of the Spanish possessions in America, which were 
 inhabited by a feeble and effeminate race. This was not 
 the case in the United States. Warlike nations resisted 
 the attacks of the white people, and not unfrequently 
 availed themselves of their right to destroy them, and 
 appropriate the effects of the slain to their own particular 
 purposes. The whites soon after treated with them, and 
 
72 AMERICA AND THE AMERICANS. 
 
 I 
 
 concluded by forming conventions, more or less to their | 
 
 own advantage, with the Indians. i 
 
 All labor should have its price. Merchants went to the [ 
 
 coast of Guinea, and there purchased slaves from nations j 
 
 with whom no treaty or agreement existed. These slaves | 
 
 w^ere sold where in virtue of the laws existing among 
 them, slavery is viewed in the light of a legal pun- 
 ishment, and where when taken in war, the prisoners 
 are looked upon as the bona fide property of the con- \ 
 
 queror.* This however, would not have altered the ; 
 
 claim to possession on the part of the merchants, suppos- 
 ing they had taken them for nothing. For argument's 
 sake : I capture a wild horse on the plains of Missouri ; 
 the trouble in the capture and breaking him in, the risk I 
 incur in taking him, are all it costs me. The intervention 
 of society confines itself to this point — securing the 
 possessor in his claim to priority of possession. Every 
 society has the right of regulating the pursuits and labor 
 of its members, and prohibiting such and such articles of 
 industry ; but the contrary is the case in the present 
 instance. All the European nations have more or less 
 encouraged the treaty in regard to the blacks. Several 
 colonies attempted to oppose the introduction of slaves 
 among them, but were compelled by the mother countries 
 to open their ports to this traffic. The masters therefore 
 found them.selves in the possession of right on their side, i 
 
 not only theoretically so, but through the express and | 
 
 positive legislation of the societies of which they were | 
 
 members. ' 
 
 The revolution on our continent, although almost simul- 
 taneous, was however but partial. Each colony preserved 
 its independence during the struggle, and w^hen the 
 
 * Upon this subject, the reader will find much valuable research 
 and information, in Bryant Edwards' talented work, his " History | 
 
 of the West Indies," Mr. Edwards himself having visited the slave 
 markets on the African coast. — Trans. 
 
AMERICA AND THE AMERICANS. 73 
 
 thirteen united republics were acknowledged, although a 
 central government was established, they were not the less 
 sovereign States, perfectly independent the one of the 
 other, in everj^thing which had reference to their internal 
 legislation. At the period of the Revolution, a part of the 
 States had already emancipated their slaves ; others have 
 since followed their example, and doubtless others will pro- 
 bably do the same at some future period — while there ex- 
 ist some States in which this may be a total impossibility. 
 No authority has the right, or has ever pretended to have, 
 of regulating their domestic affairs, although questions 
 relative to slavery are being incessantly brought before 
 Congress. The United States, which possess the exclu- 
 sive right of regulating all affairs in relation to commerce, 
 have supported the treaty ever since 1808. Nobody 
 appealed against that measure, which had been announced 
 a long time previous, but I am not afraid to state, that any 
 attempt towards the establishment of laws in reference to 
 the slaves will be the means of obliging the southern 
 States to separate from the Union. This is a conclusion 
 founded on the right which every man possesses to defend 
 his own life and property. Is there such a simpleton in 
 existence, as not to be sensible of this ? or of so little dis- 
 crimination and possessed of so little foresight as to incur 
 the risk ? 
 
 If I mistake not, public opinion in the southern States 
 is, that slavery is necessary, but at the same time, frankly 
 acknowledged to be an evil. I however am far from con- 
 sidering the question in this point of view ; on the con- 
 trary, I am led to consider it, in certain periods of the 
 history or existence of nations, as a good. How, for 
 example, could you employ any considerable capital 
 towards agricultural pursuits in a new country, without 
 slaves .'' It is to this system we owe the rapid population 
 of our deserts — as the marble which has formed the statue 
 was drawn from the quarry by the axe, worked by the 
 4 
 
74 AMERrCA AND THE AMERICANS. 
 
 chisel, and polished by the lime, so is it equally neces- 
 sary that a new soil, before it be rendered capable of 
 receiving a highly civilized people, must pass through 
 the hands of different classes of population. A variety of 
 implements are necessary for the cultivation of the soil, 
 as of books for the education of a man ; or of institutions 
 for the education of a people. In the northern States, 
 where the v*'hole soil is feitile, vv^here numerous rivers 
 afïbrd every facility of communication ; v/here the summer 
 heats are chastened by the refreshing breezes of the ocean 
 or the elevation of the soil, a population of small pro- 
 prietors may, in a few years, establish and enjoy all the 
 comforts and luxuries of life. But in the immense plains 
 of the South, only here and there watered by rivers at a 
 considerable distance from each other — where good soil 
 is in an mfinitely small proportion to the immense arid 
 plains — where the heat of the climate has a fatal influence 
 on the white laborer^ exposed in the open field, large 
 capitals, and a black population, are absolutely necessary 
 to put and retain the land in cultivation.* If small propri- 
 etors alone were to attempt such a course, that of erect- 
 ing establishments on a large scale, they would find them- 
 selves completely isolated from civilization, and would be 
 exhausting all their resources in the mere transport of the 
 necessaries of colonization. Hand labor would be too 
 expensive, for you would have to pay for the chances of 
 existence which all incur, in these southern States. 
 While great capitalists, on the contrary, discover the oasis 
 in the desert, and immediately transport thither a whole 
 population, open roads, construct bridges, drain marshes, 
 and after a few years' outlay, realize therefrom immense 
 
 * This necessity is fully borne out by the West India laborers. 
 All attempts to introduce Europeans there as field laborers have 
 signally foiled. During my sojourn in Tobago, I remember out of 
 one hundred persons introduced from Scotland, ninety died in the 
 space 0Î two months after their arrival. — Trans. 
 
AMERICA AND THE AMERICANS. 75 
 
 profits. Under the protection of these lar2;e proprietors, 
 the people themselves become the possessors of moderate 
 fortunes. Larger fortunes become divided by the death of 
 the possessor. The smaller pro2:)rietors in their turn suc- 
 ceed them ; their numbers increase ; they become accli- 
 mated, and from that moment divide the labor with 
 the negroes, to whom the climate is extremely healthy, 
 as it is not in their nature to complain of the heat. Lands 
 which till nov/ were considered of no value will be culti- 
 vated as soon as all those of superior fertihty are taken, 
 when the system of manuring is put in practice. 
 
 If in political economy slavery be considered as tend- 
 ing to increase and keep up the population of our southern 
 States, its effect on society is not the less advantageous. 
 The planter, disengaged of all manual labor, has much 
 more tim.e to himself to improve his knowledge and expe- 
 rience. The habit of considering himself morally re- 
 sponsible for the comfort and happiness of the numerous • 
 laborers under his charge nourishes a sort of austere 
 dignity of character, which blended with the arts, sciences 
 and literature, tends to make the southern planter one of 
 the most perfect models of the human spec'es.* His 
 house is open to all with a generous hospitahty, and not 
 unfrequently his purse equally so, to profusion. The 
 habit of being obeyed gives him an air of manly pride 
 among his equals, together with an intellectual insight in 
 politics and religion, which form a perfect contrast to the 
 hypocritical reserve which is elsewhere too often met 
 with. To his slaves he is a perfect father rather than a 
 master, for the knowledge of his. power and authority 
 over them dispels all idea of cruelty. 
 
 In politics, the result is not less favorable. Our country 
 is still in its infancy, the population widely scattered ; 
 
 * This is certainly no reason why slavery should exist, as the 
 negro being /ree, the educated planter could equally apply himself 
 to the moral instruction and improvement of the position of the 
 negro in relation to civilization, and to society. — Trans. 
 
76 AMERICA AND THE AMERICANS. 
 
 every body has his own business to attend to ; we have 
 here no idle populace. It will not always be so, however. 
 Already, on many occasions, in some of the large northern 
 cities disturbances have broken out between the working 
 classes and the sailors. Are we destined to see the scenes 
 of the Roman /orwm enacted among us ? To avoid which 
 shall we have recourse to cavalry as in England ? The 
 remedy would be worse than the evil. An isolated State 
 has nothing to fear from such disturbances, for others 
 would soon join in its support. What however would 
 become of the Union if Congress were dissolved or ruled 
 by the populace of Washington ? To refuse the right of 
 vote to citizens who possess not a stated income, as in 
 Virginia, is undoubtedly one means ; but that is contrary 
 to the spirit of our institutions, while all fixed regulations 
 of that nature are always arbitrary, and would not prevent 
 the people eventually from rising. Compare the elections 
 in the large toM^is of the North and South ; with what 
 order they are conducted in the one, and what tumult in 
 the other ! In the North it is not uncommon for the lower 
 classes of society to possess themselves of the place of 
 election, and drive away as it were every respectable per- 
 son by their indecent conduct.* In the South, on the con- 
 
 * This certainly is not the case at the present day. I was in New 
 York at the period of the election of General Taylor to the Presi- 
 dency, when (with the exception of the natural opposition and 
 excitement of the contending parties, attending all such events) 
 the orderly and peaceable manner in which everything was con- 
 ducted formed the subject of eulogium Avith all strangers and 
 foreigners. To see an election " fight," one should go to England. 
 I remember being present at the Westminster election, when Sir 
 Murray Maxwell, R. N., came forward as a candidate. While 
 addressing his constituents from the hustings, several sailors 
 appeared in front flourishing the " cat o' nine tails," for Sir 
 Murray was what is called a naval " martinet." He was pelted 
 with eggs, mud, cabbages, and all sort of missiles, picked up in the 
 market of Covent Garden, and on his retiring, some brutal and ras- 
 cally sailors atacked and knocked the hero down. — Trans, 
 
AMERICA AND THE AMERICANS. 77 
 
 trary, the lower classes consist of blacks — slaves — and 
 orderly people. The elections are there conducted peace- 
 fully and rationally ; and it is probably owing to these cir- 
 cumstances that the superiority of talent in the Congress 
 of the United States is awarded to the South. 
 
 Hitherto I hav^e only spoken of the comparative advan- 
 tages of slavery in relation to the master ; the slaves them- 
 selves^ however, are the first to profit by this state of things. 
 In all countries and all times, a great majority of the hu- 
 man race is condemned to exist by manual labor, and I 
 question whether, after all, this portion of society is not 
 more happy and more useful in that state than otherwise. 
 Compare the lot of our negroes, well dressed, well fed, and 
 having no care for the morrow, no trouble about their fam- 
 ily, compare them, I will not say with the degraded race 
 of free negroes and mulattoes, possessing all the weight 
 of liberty, without any of its advantages, but, compare 
 them with the white European laborer, working two or 
 three times as much, and with all this, not unfrequently 
 himself and family on the point of death from starvation.* 
 I will not hesitate to say that not only are our slaves hap- 
 pier than the laborers of the large manufacturing towns in 
 England, but even more so than the generality of the 
 European peasantry. You will tell me, perhaps, that the 
 mere idea of liberty counterbalances the privations and 
 anxieties to which this very liberty gives rise ? I reply it 
 may be so with you and me, but it requires a certain de- 
 gree of instruction, a certain energy of moral life, to 
 enjoy the noble idea of liberty. Take for instance 
 an Austrian, Hungarian or Bohemian peasant, trans- 
 port him to America, and tell him he is free. The very 
 first Sunday he finds nobody to waltz with him, he will 
 curse the country, its liberty and elections, and prefer re- 
 
 * This slirewd observation wofully applies to the present melan- 
 choly and heart-rending position of the starving peasantry of Ire- 
 land. — Trans, 
 
78 AMERICA AND THE AMERICANS. 
 
 turning to his Schnapz, his Verwaller,his Wirths-HaiiSj and 
 his Robooth. In another sense, talie one of our own 
 squatters to Europe, and represent every thing to him in 
 the most advantageous hght ; you will render him perfectly 
 miserable in the idea of his being bound to pay deference 
 to others superior to himself. They who in destroying 
 the feudal system of Austria imagine to ameliorate the con- 
 dition of the peasant, grossly deceive themselves if they 
 do not first begin by enlightening him. This change in his 
 condition would be necessary to him, for he could not live 
 happy v/itlï this sense of his moral degradation. This is 
 pretty nearly the case with the free mulattoes and negroes 
 in some parts of the Union — while our slaves are happy, 
 and desire no change, whatever may have been said to the 
 contrary. There is no question that the negro is inferior 
 in every respect to the white man, and appears incapable 
 of appreciating the same intellectual enjoyments. Why 
 have they remained in their barbarous state since the com- 
 mencement cf the world to this day ? Why do they re- 
 turn to the same state of barbarism when abandoned to 
 themselves, as is the case at the present day in Hayti .^* 
 
 * In proof of this, St. Domingo formerly supplied the whole of 
 France with sugar, while actually now there is not sufficient pro- 
 duce to supply even the Island itself. This speaks volumes. This 
 system of idleness and " vagabondage" is now especially exempli- 
 fied in Martinique and Gaudaloupe, and is also more or less so in 
 all the British W. I. colonies, with perhaps the exception of Bar- 
 badoes. 
 
 The negroes have acquired the drunken habits, gamWing, and all 
 the crimes of civilization hitherto unknown to them. They have also 
 contracted diseases to which they were not previously subject, 
 arising from a change of diet and position. In reference to the in- 
 dolent habits they have contracted — instead of laboring on the es- 
 tates (where labor is comparatively light, and wages high in conse- 
 quence of the difficulty of obtaining people), many prefer taking pos- 
 session of lands belonging either to the crown or private individuals, 
 whre snugly concealed by the surrounding primitive forests, &c., 
 nature supplies them abundantly, and they live a life of listless ease 
 
AMERICA AND THE AMERICANS. 79 
 
 Their happiness is limited to animal felicity, and this 
 they indulLie in more freely while in as'ate of slavery than 
 they would in a free or savage state. This picture which 
 I have here drawn may not corre.spond perhaps with that 
 of Mr. Wilberforce and his party. And it will be asked 
 how can a negro be happy under the lash of the manager ? 
 All this pathos is totally misplaced, though it may have been 
 applicable to the British West Indies. I employ a white 
 laborer — he breaks open my magazine, robs me, is discov- 
 ered and condemned to hard labor, dishonored for life, and 
 loses what little of morals and honesty he possessed, 
 and his evils are perhaps aggravated by those of his family, 
 for whose support his labor was necessary. Well, sup- 
 pose now a slave commits the same — he is flogged, and 
 relents. Corporal punishment once inflicted, there re- 
 mains no bad consequence, while no innocent children are 
 made to suffer for the crimes of the father. Whatever 
 may be said to the contrary, no cruel punishments are ever 
 inflicted, for that would be contrary to the interests of the 
 master. I hire a man to work for me, he neglects his 
 work, and I discharge him ; but I cannot so act with my 
 negroes, and I am consequently compelled to have recourse 
 to punishment. On the larger plantations, where some 
 hundreds of negroes are collected together, a discipline 
 and police regulations more or less severe are necessary, 
 without which all would soon be destroyed or stolen. As 
 to the circumstance of their being separated from their 
 families, they nmst in the first place have one. In general 
 each attaches himself to some woman, but they however 
 are more disposed to change about from one to another. 
 Those among them who are religiously disposed are mar- 
 ried in church, it is true, and do so each time they change, 
 which I have known to happen a dozen times, and receive 
 
 ^nd indolence. Herein I b«g to be distinctly understood. I am 
 not advocating slavery, I am merely stating facts from my own ob- 
 servation and tbe experience of years. — Tbans. 
 
so AMERICA AND THE AMERICANS. 
 
 at the same time the sacrament, while each party has 
 probably, or has had, an equal number of husbands or wives 
 as the case may be.* 
 
 Although the jDroprietors do all in their power to en- 
 courage marriage by offering many little advantages to the 
 contracting parties, it is seldom that a negro marries on 
 the plantation on which he lives ; he prefers making a 
 choice among his neighbors, 
 
 A well regulated plantation is truly a most interesting 
 spectacle ; all prospers, and is governed in the most per- 
 fect order. Each negro has a house, and the houses are 
 generally built in regular lines ; he has his own poultry 
 and pigs ; cultivates his vegetables, and sells them at the 
 market. At sun-rise the sound of the horn calls him to 
 labor, while each has his allotted task in proportion to his 
 physical strength. In general the task is finished between 
 three and four o'clock in the afternoon, allowing him 
 ample time for dinner about noon. The task over, no 
 further service is required of him ; he either cultivates his 
 garden, hires himself to his master for extra labor, or takes 
 a stroll to visit his wife or mistress on some adjoining plan- 
 tation. On Sundays he attires himself in his holiday suit 
 and goes to receive his weekly allowances, and employs 
 
 * I witnessed a ludicrous circumstance in one of the British W. 
 I. Islands just after the emancipation. The clergyman had just 
 married Miss Virginia Hebé, to Mr. Julius Cassar Pompey. Two 
 days after Mrs. Hebé, with a 'sorrowful countenance, sought the 
 Rev. gentleman, and stated that " Massa Pompey no good — always 
 quarrel wid me, and talk G — d d — n, and me no lib with him never 
 more " But, said the parson, when I married you to him, did I 
 not give him the ring to put on your finger .' " Yes, Massa par- 
 son." Well then, my good woman, go home again, and remember 
 that ring Joins you to hiîufor life. No sooner was this awful sen- 
 tence pronounced than with the ready wit of woman (for negro 
 women have also their share inunison with the sex), Mrs. Hebé re- 
 plied, giving him the ring, " Take back the ring. Massa — me no 
 married now," and off she ran, and was never after seen by the 
 disconsolate and wo-begone Massa Julius Cœsar Pompey.— Trans. 
 
AMERICA AND THE AMERICANS. 81 
 
 the remainder of the day as it may please him. The duty 
 of the manager is to give each his morning task, and in the 
 evening to see that it is properly done ; while the pro- 
 prietor mounts his horse, makes a tour in the plantation 
 and gives the necessary orders. All these are performed 
 with the regularity of regimental duty ; and I have myself 
 seen six months pass without one word of censure being 
 called for. Sometimes however it happens there occur 
 disputes and thefts requiring punishment. At Christmas the 
 negroes have three days to themselves. Twice a-year they 
 have the necessaries served out to them, for clothing, &c., 
 which they make up agreeably to their own taste. 
 
 Those residing in the Great Hoiise^ as the proprietor's 
 or manager's residence is called, are treated in the same 
 manner as the domestic servants in Europe. Generally 
 they are born and bred up in the family, of which they 
 consider themselves a part, and to which they become 
 much attached, and are very faithful. Whenever a child is 
 born in the family, one of the same sex and age is imme- 
 diately selected, brought up with it as an adopted child, 
 and becomes its confidential attendant. The little né- 
 gresses or mulattoes, who are thus brought up in the house, 
 are often excellent sempstresses, and in general very 
 pretty. The mistress pays the strictest attention to their 
 morals, particularly if they are brought up with her 
 daughters ; if they misconduct themselves, the punish- 
 ment of which they have the greatest dread is to threaten 
 to sell them. 
 
 Besides these two classes of negroes, there are many 
 
 workmen, such as carpenters, blacksmiths, tailors, &c. 
 
 These the proprietors generally take on hire, and treat 
 
 them in the same manner as they would white people. 
 
 It often happens the masters arrange with them for an 
 
 annual stipend, leaving them to work out agreeably to 
 
 their own choice. 
 
 Does this picture, which is in every respect true, 
 4* 
 
82 AMERICA AND THE AMERICANS. 
 
 bear, I would ask, any resemblance to the absurd and 
 exaggerated statements of the missionaries ? It is easy to 
 select a particular case, to exaggerate and generalize upon 
 it, and follow it up by declamation thereon. 
 
 True it is, there exists no law whereby the slave is 
 protected from the ill-treatment of the master. But there 
 exists public opinion, which is more powerful than all the 
 laws. The man who allows himself to be carried away 
 by his passions would, in the language of English writers 
 on this subject, forever forfeit the character of a gentleman. 
 
 Field negroes are not every where treated alike. In 
 Virginia and Maryland, for example, the farmers give 
 them no task-work, lodge them in large brick houses, 
 where they cook for themselves, and treat them in fact 
 precisely as the farmers do their laborers in Europe. The 
 result of this is, that the slave, forgetting the distance of 
 position which distinguishes him from the freeman, be- 
 comes dissatisfied at not being looked upon as his equal, 
 and at not receiving wages ; he becomes insolent, is 
 punished; deserts, and is captured, and eventually he is 
 probably sold to some emigrant in some distant country, 
 where he very soon becomes reconciled. To these new 
 countries, the proprietors in general, besides the old family 
 negroes, take with them as many more as their means will 
 permit of their purchasing. Hence a certain degree of 
 severity is necessary at the commencement, to put this 
 heterogeneous mass into something like order ; the more 
 so, as the work, being irregular, cannot be divided into 
 tasks, while the new negroes have a lurking desire to try 
 the tempers and characters of their master ; if he how- 
 ever possess some degree of energy, this period of pro- 
 bation is not of long duration. 
 
 It would be almost impossible to give a digest of the 
 laws relative to. slaves, for they differ in the different 
 States ; the Constitution of the United States guaranties 
 to the master the right to pursue a runaway slave into 
 
AMERÎCA AND tHE AMERICAKS. 83 
 
 those States wherein no slavery exists. The laws pecu* 
 liar to the difïerent States in similar cases guaranty every 
 facility to the master. To steal a negro, or aid in his 
 escape, is almost every where a penal oflense. A free 
 negro or slave is not permitted at large without a pass, 
 without which any white person may arrest and send him 
 to the first prison they meet with, where he is detained 
 unless he can prove himself free. The children follow 
 the condition of their mother. To the negro who attacks 
 a white person, or offers violent resistance, death is 
 awarded ; and no testimony for a negro is receiv^ed in jus* 
 tice against a white person. Almost every where, how- 
 ever, the punishment of death can be commuted to that of 
 selling the negro, on condition that he is taken out of the 
 State. 
 
 The laws relative to free negroes are much more com- S- 
 plicated, and have ,o;iven rise to much discussion both in 
 Congress and out of it. The equivocal position of this 
 class is attended with much danger in our southern States, 
 It is they, and not the slaves, M^ho are dissatisfied ; it is of 
 them, and not ourselves, of whom these latter are jealous. 
 All these southern States have laws for the regulation of 
 emancipation, which in general is only permitted on con- 
 dition that the emancipated slave quit the State with the 
 least possible delay. They are subject to a very strict 
 supervision, and in many places have to pay particular 
 taxes. In some States they are obliged to have guardians 
 of their property. In most they may be sold, in order to 
 pay the debts of their masters, contracted previous to 
 their emancipation, and even towards the payment of 
 their present expenses, should they be arrested while travel- 
 ing without a passport or certificate of their being free. 
 It would however appear that the whole of the legislation 
 of the southern States has for its object the diminution of 
 that unfortunate but dangerous class ; or at least endeavors 
 to engage them to immigrate northward. They however 
 
84 AMERICA AND THE AMERICANS. 
 
 hold to the southern chmate ; besides, we should much de- 
 ceive ourselves, did we imagine they would experience 
 better treatment in the North or New England. In thir- 
 teen out of twenty-four States, thjey are not permitted to 
 vote by the constitution, while in almost all the others, 
 particular laws exist which prohibit it, and if I mistake not, 
 Pennsylvania and New York are the only places in which 
 they have this liberty of voting. 
 
 By very rigorous laws, some of the southern States 
 have forbidden the importation of free negroes, and have 
 subjected them to severe penalties, should they violate 
 them. 
 
 The constitutionality of this measure has given rise to a 
 question, which remains undecided, and which may yet 
 remain so for some time to come. It is of rather a delicate 
 nature, which few seem disposed to agitate. 
 
 The Constitution of the United States (art. 4, sec. 2. 
 clause 1) declares that all citizens of one State shall 
 enjoy in every other State the same rights as the citizens 
 of those States. Hence a free negro of New York is a 
 citizen of that State, and consequently of all the States ; 
 but a free negro of South Carolina* is neither a citizen of 
 that nor of the United States, while the free negro of New 
 York considers himself entitled to the rights of citizenship 
 in Charleston. 
 
 When Missouri was admitted into the Union in 1821, 
 an article in the constitution of the new State, forbidding 
 the entrance of free people of color within its limits, gave 
 rise in Congress to a long and somewhat dangerous debate ; 
 the article was however assented to, on condition that it 
 
 * In 1840 tliis Statrcontained 267,360 free persons, white and 
 colored, and 327,360 slaves. The white people elect a Senate and 
 Assembly — the Senate and Assembly elect Electors, and the 
 Electors assist in electing a President and Vice-President of the 
 XTnited States. In 1840 the State voted for Van Buren, in 1844 
 for Polk, and in 1848 for Cass. 
 
AMERICA AND THE AMERICANS. 85 
 
 should apply to no citizen of another State ; which, how- 
 ever, instead of enlightening, only tended to render the 
 matter more intricate. The discussion of the admission of 
 this State, commonly called the " Missouri Question," 
 created a strong agitation throughout the Union, and at a 
 certain period even threatened a dissolution. Some 
 States, in order to avoid the question, took upon them- 
 selves to levy a high capitulation tax on every free indi- 
 vidual of color, and to authorize their sale, should they be 
 unable to pay. Such a measure is quite as unconstitutional 
 as the other. 
 
 Thi& class of free people of color gives rise to much 
 embarrassment — for if, on the one hand, common sense 
 admits that, when once free, they ought to be viewed in 
 the same light as the white population — on the other, 
 there exists a prejudice stronger than reason, for retaining 
 them in a moral state of degradation, excluding them from 
 all honorable occupation. 
 
 This prejudice is carried still farther in the East, where 
 they experience much harsher treatment than in the 
 South. They become dangerous to our slaves, who are 
 jealous of their life of " nothing to do," while there exists 
 among them a class of preachers connected with the re- 
 ligious societies of the North, of whom I shall presently 
 speak, and who are unremitting in their exertions to create 
 discontent among our negroes. If you take into consider- 
 ation that the life and property of every inhabitant in the 
 southern States is interested in these measures, it is 
 easy to persuade yourself, constitutionally or not, that we 
 cannot renounce them, and that our separation from the 
 Union would be the consequence of any comjDulsion. 
 However disastrous such a step might be, it were much 
 better to overcome it than be annihilated. These are not 
 speculative questions, they affect the private interest of 
 all ; and any persuasions to the contrary are preposterous. 
 You would however much deceive yourself did you 
 
86 AMERICA AND THE AMERICANS. 
 
 imagine we incur any danger. The Union is as se- 
 cure on this point as on any other ; the division of 
 interests and opinions only serves to keep up agitation, 
 which in itself prevents the political ocean from a state of 
 corruption. Who is there that Avould call for an imme- 
 diate emancipation of our negroes .'' — enthusiasts or hypo- 
 crites in religion. It is possible that these valiant Don 
 Quixotes may possess the support of public opinion in the 
 North ; but can this be compared to the perfect unanimity 
 of the South, based on the strongest political principle — 
 private interest ? Moreover, the southern States are not 
 only the most powerful, but also the most wealthy ; while 
 a separation would be productive of much more serious 
 evil to the northern than to the southern States. Their 
 vessels would still come for our tobacco, cottons, and 
 sugars, but they would have duties to pay, and would be 
 in no position to support a competition with the British 
 manufactures, while we should continue to obtain our sup- 
 plies from the cheapest market. Religious enthusiasm in 
 a Yankee does not extend so far as to seek salvation at the 
 expense of his manufactories and commerce, and he takes 
 considerably less interest in the societies of emancipation, 
 abolition, manumission, transportation, colonization, &c., 
 than the honest Quaker of Pennsylvania or Maryland. Some 
 of these enthusiasts endeavor to excite our slaves to revolt, 
 believing thereby to win our salvation. I can, however, 
 hardly credit such a degree of absurdity. Others seek the 
 emancipation, taking under their protection those who are 
 already free, and preventing an aggravation of the laws, 
 which are already so severe. Their end is honest, but 
 they set about its accomplishment in so imprudent a man- 
 ner that they become dangerous to the masters, inasmuch 
 as like Don Quixote they carry their measures of protec- 
 tion so far, that opposite results are the consequence. 
 
 The Colonization Society, however, is quite a distinct 
 affair, and merits notice. It has bought or possessed itself 
 
AMERICA AND THE AMERICANS. 87 
 
 of a locality in Africa called Liberia, whither those negroes 
 are conveyed who consent to emigrate, when they very 
 soon relapse into their primitive state. This, however, is 
 of no consequence to us, provided we get rid of them. The 
 great difficulty appears to be in the slowness of the Society's 
 operations. Some few dozen culprits or reclaimed females 
 are transported thither from the great Atlantic cities, while 
 in 1820 we had a population of 233,527 people of color. 
 Some years ago a highly respectable gentleman of the 
 name of Grainville came over from St. Domingo on a visit 
 to the northern States, with the object of persuading a 
 large number to emigrate to Hayti ; but they almost all re- 
 turned, preferring to enjoy the comparative indolence and 
 corruption of our large towns to honest industry in a free 
 country. 
 
 In concluding this sketch of slavery and its conse- 
 quences, I have another observation to make in reference 
 to the ridiculous projects of our Quixotic emancipators. 
 Why precipitate events ? The total abolition of slavery 
 must one day take place in the United States, when free 
 labor shall be cheaper than slave labor. Did Christianity 
 abolish slavery in Europe ? Is it Islamism that perpetu- 
 ates it in Asia-.^ Neither the one nor the other effected 
 this result ; to calculations of private and personal interest 
 alone are to be attributed these contradictory results. 
 Formerly slavery was general throughout the United 
 States ; but in proportion as free labor became cheaper 
 legislators abolished it. The same results occurred in 
 Virginia and Maryland ; the population having augmented 
 the price of labor, that of negroes fell in proportion. The 
 proprietors get rid of them as soon as they can ; while 
 the negroes are purchased in order to transport them into 
 other States where manual labor is dear. In some years 
 there will no longer be any slaves in these two States, and 
 then the legislator will do well, as a matter of form, to 
 abolisli it altogether. The same will take place in course 
 
88 AMERICA AND THE AMERICANS. 
 
 of time in all the States, present and future, and the Union 
 will have got rid of this truly domestic evil. 
 
 The greater difficulty exists in knowing how we are to 
 rid ourselves of the free negroes — it is, however, clear 
 that they would cease to be dangerous could they dispos- 
 sess themselves of the prying influence of those who find 
 their exclusive occupation in meddling with that which in 
 nowise concerns them. General and universal philan- 
 thropy is doubtless an excellent and commendable thing, 
 but to it we neither owe our liberty nor our prosperitj^, 
 nor am I aware that anybody has become the richer by it. 
 It is for us to occupy ourselves assiduously and exclusive- 
 ly with our own immediate affairs without troubhng our- 
 selves about those of our neighbor. This wholesome and 
 politic maxim has been bequeathed to us by Washington, 
 and should be put in practice by all who take a real inter- 
 est in the emancipation of the negro, which must happen 
 sooner or later, but certainly not by bhnd party spirit or 
 obstinate compulsion. 
 
CHAPTER V. 
 
 ' RELIGION. 
 
 Agitated State of Europe, compared to the Tranquility reigning in 
 the United States — Dogmas of the Sects — People of the States 
 the most Religious in the World — Blue Laws established by Ex- 
 iles from England — Rigid Observance of Sunday — Ludicrous 
 Extremes — Catholics in Maryland — Penn — Churches and Church 
 Property belong to the People — Sects the most extended in the 
 States — Privileges of the Clergy— Methodists and Baptists most 
 numerous — Their Doctrines — Rustic Temples in the AVoods — 
 Singular Meeting — Love and Romance by Moonlight — Piety in 
 Woman akin to Love — Saints and Neophytes — Barbarous Eshi- 
 Jbition — Saint IMedard — Unitarianism — Doctor Channing the elo- 
 quent Divine, their Chief — Presbyterianism of Calvin the Reli- 
 gion of Scotland — Spirit of Competition — Missions and Mis- 
 sionaries — '^Revivals of Faith'' — '■'■False Prophets" — Lothario 
 Preachers — Ladies' Society for Husbands — Religious Societies 
 — Their Objects — Boston — Owen — Miss Wright — The Athenians 
 — Election of Jefferson opposed by the Clergy. 
 
 London. 
 While a death struggle is going on in Europe between 
 those whose object is to maintain institutions which had 
 their origin in barbarous ages, and those who seek to place 
 them on a level with the enlightened spirit of the present 
 day, and while amid the civilized people of all nations a 
 considerable portion, more or less, are struggling for a 
 liberty hitherto unknown to them, and seeking to obtain 
 it more from instinct than mature calculation, it is curious 
 to observe the calm tranquility which reigns throughout 
 the United States — the only country in the world where 
 the principles of hberty are established, unalloyed and 
 without opposition. It is this form of government for 
 which the nations of Europe are now fiercely battling at 
 the price of blood ; their ignorance, however, of the true 
 
90 AMERICA AND THE AMERICANS. 
 
 object of tlieir hopes paralyzes their ill-directed efforts, 
 and renders them abortive. 
 
 These reflections have been suggested to me by the 
 popular tumults which have lately taken place in France,* 
 in which the people have amused themselves in de- 
 molishing the crosses erected on the churches, and by 
 a law assimilating the rabbins to the Catholic priests, and 
 Protestant ministers, in rendering them pensioners of the 
 State. 
 
 It is not my province to criticise or approve of what 
 has transpired in France, and I shall therefore confine my- 
 self to a sketch of the state of religion in the United 
 States, where it exists perfectly free and independent of 
 the government. 
 
 I shall not attempt an explanation of the dogmas of the 
 thousand and one sects into which the people are divided. 
 Even to enumerate them would be impossible, as they 
 change every day ; appear, disappear, re-unite, and sepa- 
 rate, having nothing stable but their instabiUty. From 
 the pure dogmas of Unitarianism down to the gross ab- 
 surdities of Methodism, all shades are found, and all opin- 
 ions have their followers. In this variety of religions 
 each is at liberty to select his own, to change it when he 
 thinks proper, or remain iu suspense, following none. 
 With all this liberty, there is no country in the world in 
 which the people are so religious as in the United States : 
 in the eyes of a stranger they appear too much so ; this 
 is merely apparent, however, as I shall presently explain. 
 
 When the States of New England were peopled by men 
 banished from the mother country on account of religion, 
 they established a sort of theocratic government among 
 themselves. Although the persecutions which they had 
 endured should have taught them some degree of tole- 
 rance, they began to exercise all their povrer in prosecut- 
 ing the Quakers, CathoUcs, and Sorcerers. They had 
 * Referrins: to 1830-1. 
 
AMERICA AND THE AMERICANS. 91 
 
 compiled a code of laws which, for what reason I know 
 not, they denominated Blue Laws, establishing a great 
 many ridiculous practices as an integral part of good mo- 
 rals. Sundiiy was to be kept with the most rigid obser- 
 vancQ. On that day they were neither permitted to travel, 
 nor to be seen in the streets (unless going and returning 
 from church), nor to cook anything, nor to even kiss their 
 wives.* The hair was worn and obliged to be cut in a par- 
 ticular fiishion, and certain dishes were only permitted at 
 certain seasons of the year. A thirty-sixth part of the 
 public lands in every town was reserved for the endow- 
 ment of a school and church of whatever denomination 
 they might think proper, provided it was Protestant. In 
 the States colonized by the Government, such as Virginia 
 and South Carolina, the Church of England was established 
 according to the formula existing in the mother country, 
 and remained so until the Revolution. The Catholics 
 banished from England founded Maryland, and there 
 established i^itolerance. Louisiana and the Floridas, peo- 
 pled by French and Spaniards, possessed richly endov/ed 
 churches and convents. It was reserved for the great 
 Penn first to establish the most complete tolerance of 
 religious worship in the colony of Pennsylvania. This 
 system was gradually followed by the other colonies, and 
 is now the law in all the States. At the period of the 
 adoption of the constitution of the Union, the principle 
 of general tolerance was not only adopted as a part of the 
 federal treaty, but Congress was even interdicted from 
 legislating on subjects of religion. 
 
 In all the States the churches and the property appertain- 
 ing thereto belong not to the priests, but to the congregation. 
 Thus when a new town is founded, a lot is set apart for 
 the first congregation requiring it ; trustees are appointed, 
 
 * In Miss Caulkin's "History of Norwich," published by Thos. 
 Robinson of that phxce, the reader will find many quaint and 
 amusing anecdotes on this subject. -t-Trans. 
 
92 AMERICA AND THE AMERICANS. 
 
 to whom or their successors the lands are o-iven or sold 
 
 o 
 
 for the benefit of such and such con^reo-ation. From that 
 moment a corporation is formed, and is empowered to sell 
 or buy, to sue or be sued at law, according to the exist- 
 ing conditions in the charter of incorporation. This moral 
 party-, as it were, makes purchases, borrows money, 
 builds a church, sells or hires out pews, disposes of 
 places in the cemetery, &c. ; and when all these are con- 
 cluded, elects a pastor, pays, retains or dismisses him, 
 at pleasure. Sometimes he has a fixed salary, sometimes 
 perquisites in addition, the use of a house, or the revenue 
 arising from the hiring out of pews. In fact each congre- 
 gation makes such or such an arrangement with the cler- 
 gyman agreeably to their wishes. Many of these congre- 
 gations are very wealthy, many very poor, or for want of 
 means become bankrupt, in which case their church is 
 sold at auction like any other property. 
 
 It not unfrequently happens that a preacher takes it 
 into his head to lecture on subjects not exactly in accord- 
 ance with the pious doctrines of his congregation, in 
 which case the bishop or the consistory excommunicates 
 him, or they change their form of religion and keep their 
 pastor, or vice versa. It generally happens that the party 
 excommunicated, with a minority of the congregation, 
 forms a new sect ; in which case a new corporation is 
 created, and a new church built or purchased. The sect 
 increases, and other churches of the same denomination 
 are constructed ; or it becomes extinct with its congregation 
 and founder, or assumes another form, or is divided in 
 itself, or remains without a pastor, which latter case, 
 however, is of very rare occurrence. 
 
 The sects the most extended throughout the United 
 States are the Episcopal or the English Church, and the 
 Presbyterians. In fact all the others may be included 
 therein. Each State forms a diocese. In some there is 
 a fund belonging to all the Episcopal congregations in 
 
AMERICA AND THE AMERICANS. 93 
 
 common, in order to provide for the expenses of a bishop, 
 a cathedral, and seminary ; in others each congregation 
 contributes a certain portion of its revenue for the same 
 object. An Episcopal Convention, composed of a certain 
 number of deputies from each congregation, and a certain 
 number of the clergy, elect the bishop, pay him, and 
 with his assistance direct all the spiritual interests of the 
 church of the State. Deputies from the State Conven- 
 tions unite now and then, in general convention, with the 
 Episcopal Protestant Church in America. 
 
 The Presbyterians do the same, except that having no 
 bishops, the supreme spiritual power rests with the con- 
 ventions. This is the same in all the other sects which 
 are sufficiently numerous to follow the example. It is, 
 in fact, the dogma of the sovereignty of the people which 
 o;overns the church as well as the state. Each cono:re2:a- 
 tion tells its pastor : We will give you so much to preach 
 such a doctrine. When a cono;reo;ation differs in doctrine 
 with the convention, it must either yield or secede — a 
 circumstance almost of daily occurrence.* 
 
 * The following note, taken from a morning paper, is illustrative 
 of this : — Trans. 
 
 Pittsburg, May 21. 
 
 Disgraceful Sceive in Church on Sunday. — A difficulty took 
 place in the German Presbyterian Church at the commencement of 
 the services yesterday morning. Mr. Demler rose and told the 
 minister, Rev. Mr. Roehler, that he was usurping his place, and 
 that he must immediately leave the premises. Mr. Himmer and 
 others interfered for the purpose of restoring quiet; but the alter- 
 cation grew fiercer and a general fight ensued, in which both men 
 and women belonging to the congregation participated, and which 
 resulted in the arrest and binding over of Messrs. Ilimmer and 
 Demler for their appearance at court and to keep the peace in the 
 meantime. It has been deemed prudent by the authorities to lock 
 up the church until the difficulty is settled. It appears that there 
 is a division among the members of the church, and that this dis- 
 graceful scene originated in the attempt of the minority to keep 
 possession of the keys of the church against the express will of the 
 majority. 
 
94 AMERICA AND THE AMERICANS. 
 
 All these congregations, conventions, &c., are recognized 
 by the law merely as corporations having the faculty 
 of purchasing, selling, suing, or being sued in justice, in 
 the same manner as other corporations, having for their 
 object charities, public ^yorks, or commercial speculations. 
 The Masonic orders and lodges are incorporated in the 
 same manner, as well as the museums, picture galleries, 
 and learned societies. The privileges of the members of 
 the clergy are confined to exemption from military duties, 
 and juries, the same as with postmasters, schoolmasters, 
 doctors, &c. In some States, they are exempt from pay- 
 ing bridge and turnpike tolls, provided they are traveling 
 on affairs of religion. In others, they are excluded from 
 all eligibility in public matters. These privileges and in- 
 capacities apply equally to the ministers of all religions 
 provided they are recognized as such by a congregation 
 and apply to them only so long as they remain in the 
 pastoral office. In truth, anybody, if he feels so disposed 
 may preach if he can find an audience to listen to him 
 which is not difficult ; and from this moment, he is looked 
 upon as a clergyman. This is especially the case with the 
 Methodists and Baptists. These two sects, which are the 
 most numerous in the United States, especially in the 
 South, believe in predestination, and efficient grace. They 
 believe that, as soon as a man has received pardon, has 
 been converted and is secure in the internal possession of 
 the Holy Spirit, he is one of the elect, and that from that 
 moment he can no longer sin, and if so, it is the evil one 
 through him. The Methodists are certainly the most ex- 
 traordinary sect, as being the most characteristic, and most 
 extensive throughout the Union. They have bishops, 
 congregations and churches like other sects ; but in addi- 
 tion to these, they have assemblies of those who are con- 
 verted, or, to use their own expression, saintSy where 
 every body preaches, speaks, and sings, all together. 
 Where they have no fixed churches, they have elders who 
 
AMERICA AND THE AMERICANS. 95 
 
 exhort them. All the country is divided into districts, 
 each of which has its circuit-rider^ whose duty consists in 
 visiting all the churclies, congregations, assemhlies and 
 families of his district, and keeping up the spirit of fanati- 
 cism. 
 
 Once or twice a year, in each district, a camp-meeting is 
 held. For this object, a favorable spot is selected in the 
 woods, generally in the neighborhood of a spring or stream 
 of water. A large circular space^is cleared out beneath 
 the shade of the giant oaks of the forest ; and row^s of 
 banks or seats are made of the rude timber just felled for 
 the occasion ; out of which materials a sort of pulpit for 
 oratory is also constructed, capable of containing a dozen 
 preachers at once. The most remarkable part, how^ever, 
 of this rustic temple is the pen or sheep-fold, a sort of 
 sanctum-sanctorum. It occupies a space equal to about a 
 dozen square meters, enclosed like a cattle-pen, and filled 
 with straw to about a foot in depth. All the religious 
 families of the neighborhood attend, or previously send 
 people to construct a sort of shed for their use, on the 
 skirts of the circle which has been cleared out. Hence, 
 about the period fixed for the meeting, this part of the 
 w ood assumes the appearance of a small village composed 
 of rustic dwellings, or rude accommodations for cavalry, 
 though not so regular. On the day fixed, which is gener- 
 ally a Sunday, families arrive in crowds, on horseback, 
 coaches, or wagons, taking with them their beds, furniture, 
 and kitchen utensils ; while each installs itself, as if intend- 
 ing, to take up its quarters in this sylvan retreat for 
 months. All the Methodist preachers, exhorters, elders, 
 circuit-riders, &c., take good care to be there from within 
 a hundred miles of the surrounding country. The bishop, 
 or local preacher, or circuit-rider, according to circum- 
 stances, begins the ceremony by giving out a psalm, which 
 is sung by the people ; this is followed by a prayer, and 
 afterwards a sermon, or two or three, according to the in- 
 
96 AMERICA AND THE AMERICANS. 
 
 spiration of the preachers in the pulpit. The service con- 
 tinues in this manner, ahxiost without interruption, during 
 five or six days. I do not mjean to say that they remain 
 there listening or preaching the whole time ; on the contrary, 
 all are at libeity to do as they please. The rich have very 
 good dinners, in their cabins, to which they invite the 
 preachers and the poor. All are at liberty to take a part 
 in the service, or not, just as they please ; while it not un- 
 frequently happens, that the young people of both sexes 
 take advantage of these meetings to make love and pro- 
 pose marriages. The tout ensemble presents a beautifully 
 romantic appearance, while roaming, amid the umbrageous 
 foliage of the gigantic primitive trees of the forest by 
 moonlight, and hearing in the distance the voice of song 
 in hymns, or the eloquence of the half-frantic and inspired 
 preachers, with a fair damsel, whose emotions are ex- 
 cited to enthusiasm by the scene around, while her 
 mother, perchance, imagines her to be most devoutly oc- 
 cupied in prayer. Piety in the heart of woman has a 
 sweet influence, which melts the soul to love, as 
 love is akin to devotion ; hence, it is not to be wondered 
 at, that in these nocturnal promenades by moonlight, 
 prayers are addressed to other altars than to those of re- 
 ligion. In fact, a real camp-meeting is deemed most con- 
 venient, on many accounts. It is a point of reunion for all 
 idlers and young people, for those who have bargains to 
 make or conclude, for candidates who are canvassing for 
 election. Each attends to his or her own little private 
 affairs, whether it be to sleep, eat, make love, sell a horse, 
 disparage or elevate a candidate. At times the sacred 
 precincts are deserted ; silence, for the first time, reigns 
 around the pulpit ; the full moon, although in the middle of 
 her course, is veiled by a passing cloud, and the stillness of 
 the solitude seems to invite the soul to rest, and forget the 
 thoughts and cares of the day, when a prer'cher, alone, and 
 kneeling within the pulpit, gradually raises himself in a 
 
AMERICA AND THE AMERICANS. 97 
 
 moment of enthusiastic inspiration, and pours forth a hjmm, 
 beginning in a feeble voice which crescendo by degrees as- 
 sumes that of a veritable stentor. Some pious devo- 
 tees will now take their places at the benches ; other 
 preachers join in, and prayer or curiosity speedily forms an 
 audience. An enthusiastic or pathetic prayer follows : in 
 which the orator beseeches the saints to pray for the con- 
 version of the poor sinners among them ; he represents to 
 them both the grandeur and the mercy of the Almighty, the 
 pangs of perdition, exhorts them to cast aside all false 
 shame, to come forward and unite with their brethren in 
 praying pardon for their transgressions. Five or six persons 
 will now arise, slowly advance towards the sanctum-sanc- 
 torum, and in presence of so many converts, their zeal 
 increasing to a perfect phrensy, they depute two saints to 
 pray with each of the new comers. The neophyte, or newly 
 converted one, kneels down on the straw, sighing in self- 
 accusation, sobbing and weeping, while near him on either 
 side a saint, also kneeling, vociferates in his ear, after his 
 own fashion, a description of the glory of the Almighty, 
 and the wickedness of Satan. These eighteen or twenty 
 persons, probably men and women, in the sheep-fold, now 
 commence an uproar which may be heard at the distance 
 of miles, crying aloud, singing, praying, weeping or preach- 
 ing all together. The bats and owls, attracted by the savory 
 fumes of the kitchens, reply from their elevated resting 
 places ; and affrighted fly away from this scene of tumult 
 which nothing in the world can equal. 
 
 It may happen that a young female may have wandered 
 with her lover in the woods, beyond prudential steps. 
 Time passes so quickly away when with the fond object of 
 our love ! when; for the first time, and In the spring-time 
 of life, dreaiaing of years of happiness in a cherished union, 
 and hearts wrapt, as it were, in all the ideal dreams of 
 blissj in passionate declarations ! This discordant tu- 
 muit startles and awakes her from her fond dream of virgin 
 5 
 
98 AMERICA AND THE AMERICANS. 
 
 love ; with a troubled spirit, her soul full of emotion from 
 a bliss hitherto unknown and unfelt, and her nerves excited 
 and shaken, she approaches the spot with fear and trem- 
 bling. She believes herself lost — then, as a convert, she 
 enters the sacred precincts, and herself becomes hysterical 
 with sighing, weeping, and crying, and casting herself 
 down on the straw, almost in a state of frantic delirium. 
 
 The assistants, preachers, and saints, redouble their ef- 
 forts and vociferations, to which the people cry " Amen." 
 The noise and tumult increase, a conversion so penitent 
 and exemplary must not be buried in darkness, torches of 
 resinous wood, procured from the neighboring pines, are 
 soon put in requisition, throwing a luminous and vivid glow 
 over the surrounding scene of horrors ! The tumult calls 
 forth the mother and sisters of the young female, who, in- 
 stead of aiding her, give thanks to the Almighty, who in 
 his mercy has been pleased to number her with the saints. 
 They join their voices with those of the people, and only 
 carry her back to their cabin w^hen she has become «com- 
 pletely exhausted and inanimate. On the following morn- 
 ing, she believes in her sanctity, she is no longer subject to 
 sin, whatever she may do. Even more, she will give what 
 is called her experience to the community, and will in public 
 relate by what signal and mysterious means the Supreme 
 Being has been pleased to win her to him, and in the fer- 
 vency of her devotion exhort others to follow her ex- 
 ample.* 
 
 This power of imitation acts so strongly on the nervo^is 
 system, that it rarely happens that a conversion of this na- 
 ture takes place without some of the spectators being also 
 affected to hysterics. Frequently a scor^ of people of all 
 ages, all sexes and colors, are seen rolling about pôle mêle 
 
 * AU this may have occurred many years ago, in the darker days 
 of superstition, but in the present enlightened age, we doubt it 
 much, and at least hope such revolting and barbarous exhibitions 
 exist nowhere in the United States. — Trans. 
 
AMERICA AND THE AMERICANS. 99 
 
 on the straw, with haggard eyes, foaming at the mouth, in 
 the midst of their saints, who are praying, singing, weep- 
 ing, and crying with joy, at beholding so glorious a triumph 
 achieved over his Satanic Majesty. Methodism con- 
 siders them all on an equality — so that you may see an old 
 negress preaching to her master, or a negro to his young 
 mistress. Perhaps you may imagine I am joking in all 
 this, or that I am reminding you of the farcical feats of 
 Saint Medard, which created so much sensation in the 
 time of Voltaire ; what will you say, however, when I 
 inform you that among a joeople, so eminently rational, 
 this sect is so extensively diffused, that it probably has 
 thrice the number of followers any other boasts ! It in- 
 creases daily, and will probably in some years' time be the 
 only religion among the ignorant class of people in the 
 Union. 
 
 Unitarianism promises to become the dominant sect 
 among the more enlightened class. Although its numbers 
 are as yet inconsiderable, it is making rapid progress.* 
 Nothing can be more simple than its tenets. They who hold 
 to it believe not in the Holy Ghost, and consider the Savior 
 only in the light of an inspired man, created to serve as a 
 model to the world. They have no belief in the eternity 
 of future punishments, and cast aside altogether the idea 
 of the inspiration of the Old Testament. Their worship 
 is pure, elegant, and free from all sort of ceremony and 
 superstition ; they address themselves solely to the minds' 
 reason, both in the selected hymns which they sing, and 
 in their sermons, which are generally moral discourses, 
 possessing real hterary merit. They have at their head a 
 man of the rarest merit, and most exemplary virtue, a true 
 Plato, Doctor Channing ; nothing can surpass his elo- 
 quence, nor the purity of his morality, and of the doctrine 
 
 * I would premise that these opinions on the various religious 
 sects and doctrines date from the year 1831. — Trans. 
 
100 AMERICA AND THE AMERICANS. 
 
 which he inculcates. He has gained over a considerable 
 number of disciples, which augurs much for the future. 
 The liberality of this sect calls down upon them the en- 
 mity of all others, and none more so than that of the Pres- 
 b3^terians. They reproach them with being nothing more 
 nor less than ill-disguised Deists, and with blaspheming 
 the name of the Savior each time they invoke it. Others 
 find the first reproach well founded, and in which they do 
 not even 2:0 far enoug-h. 
 
 Of all the sects in the United States, the most formi- 
 dable is the Presbyterian. Its bilious children, rigid disci- 
 ples of the gloomy Calvin, have inherited all his gall and 
 venom, and do not scruple to arm the Divinity with their 
 spirit of vengeance and Satanic wickedness. According 
 to their doctrine, all men have been created indistinctly to 
 be condemned, which they richly deserve for having com- 
 mitted the crime of their very birth. The Almighty, 
 however, through an act of clemency, sent his son to suf- 
 fer for a part of the future race, and permitted his perfec- 
 tions and power to extend to a select few predestined be- 
 ings. Those included in this number will be saved ; the 
 others, whatever be their merits, will be condemned, for, 
 say they, good works cannot of themselves obtain pardon 
 for the original sin. And our Savior only applies the 
 merits of his atonement to whomsoever it pleaseth him. 
 There are even some among them, who go so far as to 
 preach, that good works are contrary to salvation, from 
 their inspiring a false confidence. Beautiful religion truly ! 
 better be lost at once, than believe in so preposterous a 
 doctrine.* This sect, which was, and if I mistake not is 
 still, the prevailing religion in Scotland, where the inimita- 
 ble and immortal Walter Scott described it to us in such 
 true colors, in the times of its highest dominion, is very 
 numerous in the United States. Be it either real faith or 
 
 * This is ratlier a severe if not an exaggerated opinion of the 
 Calvinists. — Trans. 
 
AMERICA AND THE AMERICANS. 101 
 
 hypocrisy, it displays more zeal in gaining over converts 
 than all the others put together. And had it its own 
 free will, it would speedily carry us back to the times of 
 the old blue laws. True, it is divided into a thousand 
 different sects, as regards doctrine, for few of their preach- 
 ers go so far as I may have stated ; but notwithstanding 
 this, they are all united by their discipline, and present 
 externally a solid phalanx, whatever may be their internal 
 dissensions. It is principally they who send missionaries 
 every v/here to preach, who publish pamphlets, and found 
 societies of a thousand different varieties. 
 
 In the United States, rivalry or competition is the great 
 maxim of the public spirit, and this distinctive trait is 
 found everywhere ; as well in the government, as in pri- 
 vate enterprise, and the church. Many young men re- 
 ceive an altogether hterary education, in the thousand and 
 one colleges of the Union ; those who have an indepen- 
 dence, or means sufficient to enable them to begin a pro- 
 fession, without being altogether dependent upon it, do 
 very well. But there are many, who, possessing nothing, 
 being the sons of poor cultivators or mechanics, can no 
 longer think of quitting the muses for the plough or plane. 
 This is particularly the case in New England, where all 
 are more or less well brought up. The most enterprising 
 among them become lawyers or doctors, and, finding 
 the posts in the neighborhood occupied, estabhsh them- 
 selves on the frontiers. Many become schoolmasters, and 
 in truth, throughout the Union, there is scarcely one of 
 this useful class, who does not come from 'these States. 
 The most idle become preachers. This career never ex- 
 tends so far as the two former, but it is more certain, and 
 is profitable from the commencement, while in the other 
 professions, of law and medicine, it is necessary to have 
 acquired some reputation, before possessing the means of 
 existence. 
 
 If the young preacher possess talent, he enters into a 
 
102 AMERICA AND THE AMERICANS. 
 
 discussion with the elders on some obscure point of doc- 
 trine, becomes excommunicated, exclaims against their 
 persecution of him, founds a new sect, and makes his for- 
 tune. In this attempt, however, he may make a total fail- 
 ure, while the surest way is for him to enroll himself 
 quietly with the Presbyterian clergy. But it may be ask- 
 ed, with so limited a number of good congregations who pay 
 well, and which the elders naturally wish to keep to them- 
 selves, how is this innumerable host of minor preachers to 
 be provided for ? Sacerdotal ingenuity thus deploys itself. 
 In the first place missions must be established among pa- 
 gan nations. They already exist in Continental India, and 
 especially in the Islands of the Pacific Ocean, where the 
 American priests have created for themselves a little Para- 
 guay in the Sandwich Islands, and where they have at the 
 same time done much harm in putting a stop to the only 
 commerce for which the inhabitants of the country felt an 
 inclination. There are some also among our Indian tribes, 
 whom they imagine they civilize, and who also do much 
 harm in encouraging them to resist and oppose the govern- 
 ment for fear of losing their stations, which ordinarily con- 
 sist of very fine productive farms. Besides these, there are 
 many more scattered throughout the United States, where 
 there is no regular established church of their persuasion. 
 They travel on horseback, putting up among their con- 
 verts, where both " man and horse" are well provided for, 
 for which they pay in prayers and sermons. They cor- 
 respond with directing committees, raise subscriptions for 
 the building of churches, which perchance may never ex- 
 ist, preaching everywhere, converting, intriguing, sowing 
 dissensions in families, and when they have succeeded in 
 making an impression, and gaining over about a dozen peo- 
 ple in a village, celebrate what they call a revival of faith. 
 To this eflect, five or six preachers, at least, assemble to 
 pray, sing and preach all day for several consecutive days. 
 The minds of the people become excited, their spirits ex- 
 
AMERICA AND THE AMERICANS. 103 
 
 alted (especially among the women), they fast, make 
 subscriptions to build or repair the church, or for some 
 other pious object. Bibles are then distributed, also pam- 
 phlets and other religious journals or tracts, a religious so- 
 ciety is organized, a lay committee is named to go from 
 door to door to inquire after the spiritual welfare of the fam- 
 ilies, and to exhort them to go to church, and avail them- 
 selves of the moment while the door of mercy and salvation is 
 opened to them, whereby they may enter into the holy com- 
 munion of the saints. These gentlemen are however not 
 very courteously received by those whose opinions are al- 
 ready decided ; but timid people who had at first concealed 
 themselves dare not resist them, and on their conversion 
 go to swell the list which is forwarded to head-quarters. 
 The apparent object of these revivals is to place a new and 
 handsome Bible in all the houses of the place, to mulct the 
 credulous peasants in a certain portion of their hard earned 
 gains in order to circulate it ; which you can well imagine, 
 while they forbid tliem their little harmless recreations, 
 break their fiddles and flutes, dance off the dancing master, 
 extends the countenances of the inhabitants to a foot in 
 length, and gives their complexions a jaundiced appearance. 
 These effects, however, do not last long, for the young 
 ladies begin very soon to perceive that these changes by 
 no means increase their chances of matrimony, and now 
 that these young missionaries, so sanctified and eloquent, 
 showing their fine white teeth, and displaying their hand- 
 some embroidered linen, are off without making a choice 
 among the belles of the place, they console themselves, 
 and are replaced by a brigade of topographical engineers, 
 who come to make the plan of a canal, and who, in hand- 
 some uniforms, swear, drink mint juleps^ go not to church, 
 but dance and make love. With all this, gayety is re-es- 
 tablished, and to captivate them faith disappears, the coun- 
 tenance assumes its wonted fullness of health, and the 
 
104 AMERICA AND THE AMERICANS. 
 
 belles recover the lost roses on their bioomino; cheeks so 
 natural to them. 
 
 Marriage is however sometimes a favorite speculation 
 with young preachers. If they are handsome, by dressing 
 well and taking a special care to say little, they find means 
 to succeed, and if the father of some rich fair one be ever 
 so little religiously inclined, it only remains for him to gain 
 over his spiritual assistance on the same conditions as the 
 malade imaginaire won over his physician. In general, 
 however, if he be young, the preacher who marries a rich 
 heiress throws off the gown, and becomes either a farmer 
 or a merchant. 
 
 Pious people have so much regard for their pastors, that 
 there exists in New England (at New Haven if I mistake 
 not,) a society of ladies whose province it is to obtain 
 wives for the missionaries who are about leaving for dis- 
 tant countries. As soon as the Foreign or Home Mis- 
 sionary Society has resolved to establish a new station 
 either in Cochin-China, one of the Islands of the Pacific, 
 or the Western Deserts, they fix a salary, and select some 
 young man to fill the office. He officially announces his 
 appointment to the ladies' society, who provide him with a 
 wife ; and they are not unfrequently married without even 
 having previously seen each other, and pass directly from 
 the altar on board the ship, in w4iich they will probably 
 make a voyage half round the world before they have time 
 to recover from their astonishment at tliis sudden transi- 
 tion to the connubial state. 
 
 The number of religious societies existing in the United 
 States is truly astonishing. They are to be found every- 
 where. Their object is to distribute Bibles, tracts, and re- 
 ligious journals, convert, civilize and educate the Indians, 
 marry the missionaries, take charge of their widows and 
 orphans ; to preach, extend, purify, preserve and reform 
 the gospel ; construct churches, endow congregations, sup- 
 port schools, catechize and convert sailors, negroes and 
 
AMERICA AND THE AMERICANS. 105 
 
 unfortunate females ; to see that Sunday is religiously ob- 
 served, establish Sunday-schools, where young females are 
 employed in teaching the little idle children in reading and 
 the catechism, and lastly, reclaiming drunkards. This last 
 society (temperance) has above all others extensive rami- 
 fications. The members are pledged to drink no distilled 
 liquors, nor allow others to do so in their residences ; wine 
 however is an exception to this rule with all these re- 
 ligions.-' These societies have multiplied an hundred-fold. 
 There is certainly no clergy in the world which costs so 
 much to the people as the American ; to do them justice, 
 however, these contributions are wholly voluntary. 
 
 A young man who enters the church is not long in 
 making himself comfortable — if not his fortune. If he is 
 handsome he marries — if aman of talents he preaches, be- 
 comes distinguished by his writings, or as chief of a new 
 sect — and if he is clever in general affairs, he forms some 
 ncAv society, of which he takes the sole direction. You 
 will probably ask, after having perused this, whether reli- 
 gion in these forms, supported by such means, and having 
 the command of so large a capital, does not make rapid 
 progress, and as it were, carry all before it ? It is not so ; 
 as a ship laboring against the tide appears to advance 
 rapidly, if we observe the current, but remains almost 
 stationary when seen from the land. So is the church 
 subject to the great conflicting currents of public opinion, 
 literature and the philosophy of the age, which nothing 
 can resist. Boston was formerly the center of bigotry ; it 
 is now the abode of that philosophic sect the Unitarians, 
 and has become the sanctuary of letters, &c. You can 
 cite few men of that city distinguished in politics or litera- 
 ture who are not Unitarian in principle. The University 
 at Cambridge, which is hard by, forms their head- 
 quarters, whence it is disseminated from one end of the 
 Union to the other. 
 
 In this land of liberty all are free to entertain and pro- 
 5* 
 
106 AMERICA AND THE AMERICANS. 
 
 mulgate their own opinions, provided they do not come in 
 coUision with the civil law of the country. Hence the 
 United States has been the refuge of all classes of vision- 
 aries. The Moravian Brothers, Shaking Quakers, Harmo- 
 nists, Robert Owen, and Miss Wright, have transported 
 themselves hither, and taken up their abode among us. I 
 shall not notice the first of these, whom I look upon as a 
 species of monomaniacs, whose numbers have neither in- 
 creased nor decreased since their foundation — of whom no- 
 body troubles themselves, and who possess no influence 
 whatever on the spirit of the age. The two latter, how- 
 ever, are different, and merit notice. All know Mr. 
 Owen, the proprietor of New Lanark, in Scotland, where 
 he founded a communit}^ of workmen in the manufacturing 
 line. These people lived in common ; their children were 
 well brought up ; they dressed well ; studied literature 
 and the arts in their leisure hours from labor, which, 
 though few, were much more productive than the work 
 done in other establishments of a like nature, as all was so 
 admirably arranged. Hence he encouraged the idea that 
 the actual state of society might be so reformed as effectually 
 to destroy all causes of moral and physical evil. It there- 
 fore only remained for them to live in common after the 
 plan which he suggested. Proprietor of an immense for- 
 tune, followed by ardent disciples, himself most enthusi- 
 astic, and possessing much good faith, endowed with a 
 remarkable aj^titude for business, winning persuasion, and 
 a patience above trial, he came to the United States, with 
 the object of establishing his plans. His doctrine is the 
 most complete as regards materialism and atheism. He 
 denies the existence of all moral evil — considers the only 
 object or end of existence that of happiness ; to ac- 
 complish which, in his opinion, all measures are allowable. 
 He attributes to physical all the phenomena of moral order. 
 He denies not the existence of crime, but attributes it to 
 the obstacles which society in its present state opposes to 
 
AMERICA AND THE AMERICANS. 107 
 
 the happiness of a majority of individuals, and deems that 
 opposing it will eventually destroy them. There can 
 be no doubt that if all the world were happy, there would 
 be no crimes. But happiness is differently viewed by 
 different characters. Hence Mr. Owen draws his own 
 conclusions accordingly. He assumes that all possess 
 talents for some particular occupation, but in that they 
 ought not to pride themselves, since it is the result of 
 their peculiar organization ; that all arts, trades and pro- 
 fessions are therefore equal in dignity, — and hence remu- 
 neration of all labor should be equal in point of salary ; 
 that if in his proposed community-towns, each worked 
 six or eight hours a day, according to will, the result 
 w^ould be an abundance of all the enjoyments of luxury 
 and the arts ; a surplus of capital to be employed in edu- 
 cating the future generations, which being born in the 
 midst of plenty and happiness, brought up divested of our 
 prejudices, our vices and wants, in ignorance even of their 
 existence, could not fail to make immense progress 
 in the arts and sciences so necessary to happiness. It 
 must, however, be borne in mind, that there exists no 
 curb or restraint to this iliimited liberty which he would 
 give them. Marriage is unknown. They unite and part 
 as it pleases them, while the children are brought up at 
 the general expense of all. It is true, that far from en- 
 courao-ino; libertine life, he assumes that man, beino^ a 
 monogamous animal, may be permitted to choose a com- 
 panion, to whom, after a slight previous intercourse he 
 might be more attached, than if bound by lawful wedlock. 
 There is some probability in this, though to me it appears 
 in the light of a dream of the transformation of earth into 
 a universal Arcadia ; and man and woman innocent as 
 when they first knew Eden, enjoying an uninterrupted 
 state of happiness above what we can conceive in our pre- 
 sent state of frail corruption. Thus promulgating the 
 destruction of all constituted institutions in the country 
 
108 J:MERICA AND THE AMERICANS. 
 
 within two years, and preaching atheism, this honest 
 enthusiast traversed the country, and purchased immense 
 property in the West. He preached everywhere, even 
 before Congress ; he even won over many hterary par- 
 tisans, or rather young naturahsts and medical students. 
 With these he set out for the desert, estabhshed a commu- 
 nity there, spent large sums of money, and returned from 
 thence some time after. Philadelphia, however, still 
 preserved its population. The institutions of the old 
 society still existed, and in a word, his wild project turned 
 out a complete failure. He returned to England, where 
 he now is,* and where he gave out and maintained, that 
 of all countries America was the most corrupt, and the 
 least adapted to appreciate his doctrines. The society 
 which he had formed still existed, and even published a 
 journal. His followers, in adapting his theory to a certain 
 point, have altogether abandoned the idea of his commu- 
 nity-towns. He saw it was much easier to find young 
 artists, medical students and naturalists, than workmen, 
 cooks and sentimental cobblers, or young men well edu- 
 cated, who would feel a natural taste for brushing their 
 own clothes, or laboring at carrying a hod half the day, 
 passing the remainder in literary and philosophical con- 
 versations, and at the same time giving themselves up to 
 the pure and refined pleasures of sentiment. 
 
 Owen failed completely, although he certainly created 
 a sensation. His frank and pohshed but decided manner 
 of attacking Revelation did not fail to produce a strong 
 sensation. He is never oiEfended ; looking upon a man 
 who would strike him, in the same light as he would a 
 falling tree, striking him upon his head. He endeavors to 
 avoid it, but is never angry. His arrival created a great 
 stir among the clergy, who feared that persecuting him 
 would only serve to strengthen him. At a later period a 
 Rev. Mr. Campbell consented to support a pubhc thesis 
 
 * If I mistake not, he is now dead. 
 
AMf^RICA AND THE AMERICANS. 109 
 
 against him in a church. It lasted several daj^^s, in pre- 
 sence of an immense assemblage ; and when the question 
 V\'as put to the vote, the priest carried his point by an im- 
 mense majority. Notwithstanding this, j)eople accus- 
 tomed themselves to listen to and read free discussions on 
 the foundations of his faith, and to reflect thereon without 
 prejudice. About forty years ago Thomas Paine was near 
 being stoned to death, for supporting doctrines which are 
 now propagated by five or six journals in the United 
 States. 
 
 It would have been more rational if the disciples of 
 Mr. Owen had confined themselves to attacking old pre- 
 judices and errors instead of disseminating new ones, 
 whose object was certainly not the reformation of society. 
 Miss Wright, a woman possessing much talent, has 
 taken up the cause of the negro and Indian of her sex, so 
 cruelly oppressed by the tyranny of mankind, and occa- 
 sionally adds some little diatribes against all kinds of social 
 order, traveling throughout the Union, preaching ma- 
 terialism and anarchy, in the name of virtue and liberty. 
 
 Many other disciples of the same sect have established 
 themselves in the large cities, endeavoring to produce a 
 political convulsion by influencing the minds of the poorer 
 and laboring classes, and exciting them against the rich 
 and all social order. They preach agrarian laws, equal 
 division of property, the universality of a gratuitous classi- 
 cal education ; and endeavor by that means to elevate 
 themselves to power. They have already succeeded in 
 carrying two elections, even in New York — but this influ- 
 ence soon died away. The people of the Union are too 
 happy and too rational to allow themselves to be influ- 
 enced by such jugglery — which may be called true St. 
 Simonian atheism. All these sects produce.^ much more 
 good than harm — for even if they win over some lunatics 
 they call forth discussion and opposite opinions among en- 
 lightened men, and counterbalance the efforts of the clergy. 
 
110 AMERICA AND THE AMERICANS. 
 
 The mass of the Athenian people were neither cynical, 
 epicurean nor peripatetic. These sects existed, argued, 
 the nation became enlightened, judged and doubted. The 
 people of the States are following in the same steps, but 
 whatever maybe the religion, it will never take an Owen- 
 ite tendency. It will be wise and happy, and delivered 
 from the yoke which at present oppresses her. 
 
 We must admit that on a first view of the general phy- 
 siognomy of the United States, religion is the only point 
 which astonishes a stranger. Sunday, especiall}^ in the 
 North and East, is a day which is kept with the most rigid 
 observance. On that day there is no theatre nor society, 
 the shops are closed, the streets comparatively deserted 
 and communications generally interrupted. Scarcely will 
 they permit the postoffice in the States to transport dis- 
 patches — and for this we had to thank the representatives 
 from the South. People only go out to attend church. 
 
 On the subject of rehgion, the opinion which has been 
 formed in general of the force of religious prejudices is 
 much exaggerated. The incredulous party have only to be 
 made sensible of their strength in order to subdue the yoke 
 of superstition, and have of late years made rapid progress 
 towards this desirable end. At one period the clergy with 
 all their influence could not prevent the election of Mr. 
 Jefferson, who had publicly denied all belief in the Bible. 
 In fifty years hence further and more important changes 
 will become developed. 
 
CHAPTER VI. 
 
 ON THE ADMINISTRATION OF JUSTICE. 
 
 Mur. at Commences his Leg.oJ Career at the age of twenty-six — 
 Anecdote of his Escape from Naples— Pleasures of the Legal 
 Profession — Influence of a Barrister, his Importance at the Bar, 
 his Triumphs— Anecdotes of Brougham, Eldon, Burke, O'Con- 
 nell, &c.— Laws of America differ from those of England— Consti- 
 tution of America and of each separate State — Virginia — Treaties 
 with Foreign Powers — Treaties by the Executive — The Statutes 
 — Common Law, its origin — Laws of Ancient Britons, Anglo- 
 Saxons and Normans — Sir William Blackstone, his Commen- 
 taries — Lord Coke — /absurdities in Common Law — Anecdotes — 
 Lord Brougham — Jeremy Bentham— Statutes of Bonis — Study of 
 the Law— Digests- Tribunals in the States— Lord Chancellor of 
 England, Keeper of the Great Seal and the King's Conscience — 
 Powers of a Chancellor— John Marshall— Writs of Habeas-Cor- 
 pus — Mandamus — Quo Warranto — Law-Courts, &c. 
 
 Brussels. 
 Destiny has placed me in many singular positions, and 
 often of an opposite character. I have always obeyed its 
 decrees, curious to know where my little adventurous 
 bark would conduct me. I have never had real cause to 
 complain, and I have gathered flowers from the banks, to 
 which I had been transported without knowing how ; 
 while it has often happened, that the shores which I 
 looked upon as barren have proved to be the most fertile 
 in agreeable sensations. For example : established in a 
 new country, such as I have already described, reverses 
 of fortune rendered my financial position rather embarrass- 
 ing. At the age of twenty-six I commenced my legal ca- 
 reer.* I purchased my professional library from one of 
 
 * Prince Achille Murat (eldest son of the heroic " beau sabreur" 
 and unfortunate king of Naples), like another Thaddeus, has led, as 
 " the world goes," an adventurous life. While serving under him 
 as Colonel in the Foreign Legion in the fortress of Ath, during the 
 
112 AMERICA AND THE AMERICANS. 
 
 my neighbors retiring from practice, for a pair of oxen and 
 a bill at long date ; and began to study law during the winter, 
 not altogether forgetting my plantation duties ; and what I 
 anticipated would turn out to be a disagreeable occupation, 
 as being altogether so contrary to my previous career and 
 habits, I became extremely attached to, pursued it v ith 
 enthusiasm, and have ever since spoken of it with most 
 pleasing reflections. With us the avocat is looked upon as 
 almost the first man in the State ; he forms the true aris- 
 tocrac}' of the country, for besides the moral and political 
 influence which he enjoys, his fife is one continued series 
 of interesting occupations, in which he is both actor and 
 spectator. Nothing in my opinion is so interesting as the 
 interior of a tribunal. A theatre is but a feeble comparison 
 to a court of justice, for in the latter we have truth in 
 
 ■war in Belgium, he related to me the following anecdote em- 
 blematic of life's vicissitudes : — 
 
 When the royal family were driven from Naples, and after his 
 life had been attempted by poison (the terrible effects of which 
 affected his constitution till his death), he made his escape with 
 the assistance of some devoted partisans, and embarked on board 
 a merchantman bound to Liverpool in the disguise of a sailor-boy, 
 and worked his way before the mast. It happened that a gentle- 
 man of the legal profession was on board, who now and then dur- 
 ing the passage particularly noticed him. Before the voyage 
 was half over he entered frequently into conversation with him, 
 and was struck with the intelligence he evinced. Arrived at Liv- 
 erpool, the gentleman offered him money, which he declined. He 
 then Jnvited Murat to breakfast with him; after partaking of 
 which and enjoying an agreeable intellectual conversation, the 
 sailor-hoy, wishing to return the compliment, invited the gentleman 
 in return. This astonished his host not a little ; however, " for the 
 fun of the thing" the gentleman accepted. And on calling on his 
 guest the following morning, what was his astonishment at finding 
 the sailor turned into the gentleman, surrounded with elegance, 
 and a breakfast fit for a LucuUus. Murat explained ; he was the 
 exiled Prince of the Two Sicilies, and made his escape in the dis- 
 guise of a sailor, to escape the horrors of a cruel death at the 
 hands of despotism. — Trans. 
 
AMERICA AND THE AMERICANS. 113 
 
 the scenes before us. Tragedy, farce, drama, comedy — 
 all are there, while the actors are much better, inas- 
 much as they represent the passions which they really 
 feel. I speak of the parties and their witnesses. You must 
 yourself have practiced to know the pleasure one feels in 
 following up an idea, and mmestling a law, which seemed to 
 have escaped you after toiling through the intricate mazes 
 of twenty musty volumes. And when you find it ; after 
 having verified a thousand citations, what a triumph ! 
 Very different to running over a twenty mile course in a 
 fox-hunt ! You now address the court ; with what plea- 
 sure you enjoy the perplexity and surprise of your oppo- 
 nent at your fortunate discovery Î He wishes to put off 
 the cause — you oppose it — he must plead instanter. The 
 examination of witnesses begins. All are in his favor — 
 until you cross-examine. I know nothing more amusing 
 than in the presence of a good jury to examine a witness 
 half fool and half knave, who has already had his instruc- 
 tions from the opposite party. What artifice it requires 
 to upset him, and afterv/ards with what facility the skillful 
 arguments of your adversary are annihilated !* Then 
 
 * Many incidents of tliis nature might be quoted of gentlemen 
 of the legal profession and orators rising to wealth and honor, 
 through a " case in point," and in the language of Shakspeare, talc- 
 ing " the tide at its flood." Scott, an obscure barrister, from a for- 
 tunate case rose to become Earl Eldon and Lord High Chancel- 
 lor. Mr. Brougham from his eloquent defense of Queen Caroline 
 and ultimate triumph, rose into public fame, and became Lord 
 Brougham and Vaux, arid Lord High Chancellor, although he has 
 now forgotten and repudiated those patriotic and honorable prin- 
 ciples which raised him to the peerage of his country. Burke be- 
 came immortalized in the celebrated impeachment of Lord Hastings, 
 as did Sheridan, Curran, Grattan, the last not only, however, in this 
 trial, but in the great cause of the independence of America. The 
 great agitator O'Connell also rose to distinction from the eloquence, 
 tact and universal success with which he conducted his cases, and 
 a perusal of the history of his life would be no less instructive to the 
 barrister than entertaining to the reading public in general. His 
 
114 
 
 AMERICA AND THE AMERICANS. 
 
 follow the pleadings ; in which the actor is developed, 
 and in which he deploys all his energy and most brilliant 
 efforts ; and whether we come ofl" triumphant, whether we 
 win or lose the cause, we at least have the satisfaction of 
 knowing that in conscience we did all in our power in 
 behalf of our client, who, even should his counsel lose a 
 well-conducted suit, cannot but unite with the bar and 
 audience in their flattering encomiums on his eloquent and 
 laudable efforts to gain it. So that whatever may be the 
 fate of the cause, it always affords a barrister some degree 
 of triumph. Whenever I speak of this profession it is 
 always con amove. The hours I spent therein were the hap- 
 piest in my life. I will now endeavor to afford you some 
 idea (imperfect as it may be) of the legal profession and 
 of the administration of justice in the United States. Hav- 
 ing here however no works with me, I cannot as I ought 
 quote from authorities. I will abstain from making any 
 comparison between the French and American systems, 
 because the former is not so familiar to me. 
 
 Our government and institutions are founded on expe- 
 rience. True it is that nearly two generations have passed 
 away since the Revolution, to which the Union owes its 
 existence, and that up to this period, taking into consider- 
 ation the general progress which has been made, you will 
 (Confess that our essay has been by no means a failure. I 
 have already had occasion to remark, that the principle of 
 our government is altogether new, and but little known 
 out of the United States. It consists in the sovereignty of 
 the law, and in the supremacy granted to its ministers and 
 expounders. 
 
 It becomes therefore of some importance to examine its 
 origin, and diflerent kinds. 
 
 skill in cross-examining, and liis profound knowledge of the Irish 
 character, has saved many an innocent man, and not a few crimi- 
 nals, by his force of persuasion and pertinent remarks influen- 
 cing the jury, accompanied by an exuberance of witty illustrations, 
 as well as " facts in point." — Trans. 
 
AMERICA AND THE AMERICANS. 115 
 
 The people of the United States being sovereign, not 
 only in theory and right, and every where, but also in 
 practice, and by the written law of the land, it has 
 pleased the people to give themselves a Constitution, and 
 intrust to certain hands the exercise of the supreme power. 
 So long therefore as the Constitution shall exist, it is the 
 paramount law, all-powerful, and which all must obey. 
 Ttie people made it, and they alone can amend or destroy 
 it ; on this point it is executive in all the courts of justice, 
 and no law to the contrary can exist. This is the great 
 distinction between England and the United States. In 
 England, accordiiîg to the laws of the country, the British 
 Parliament — composed of the king or queen, peers and 
 commoners — is absolute, and knows of no obstacle to its 
 authority. It can reorganize itself, as several historical 
 facts prove. In the United States this power rests with 
 the people, assembled in convention, or in the expression 
 of its will in any other explicit manner. 
 
 All American law, therefore, has its origin from the 
 solemn act of the Declaration of Independence on the 4th 
 July, 1776, by the American Congress. The people de- 
 clared themselves free, independent and sovereign ; and 
 as by this new and solemn declaration they gave them- 
 selves a ruler, that supreme power exists both in fact and 
 law. 
 
 I have already observed that the existing Constitution of 
 the United States was adopted by a convention in 1788. It 
 has already been several times amended, but until it be- 
 comes changed it must govern ; and long may it do so ! 
 and protect us in our rapid advance in civilization and 
 prosperity ! To our Constitution we are indebted for all ! 
 It is the ark of the Lord, and wo to him who touches it ! 
 
 Besides the general Constitution, each State has its 
 own ; some older, others of later date. There are even 
 one or two which existed previous to the Revolution, still 
 
116 AMERICA AND THE AMERICANS. 
 
 known under the name of charters^ and considered to have 
 been granted by the proprietors or by the crown. 
 
 .When a Territory acquires a population of 40,000 souls, 
 a convention is convoked by authority of an Act of Con- 
 gress, and a constitution framed, which however must 
 meet the approval of Congress before it is admitted into 
 the Union as a State. This is not a difficult matter to 
 frame, considering the already numerous existing States. 
 When the people of a State discover any defects therein, 
 they never think of revolting, or creating riots ; but only 
 endeavor to elect members to the legislature, who will 
 consent to convoke a convention. The State of Virginia 
 presents a remarkable example of this. For a long time 
 there existed two opposite parties, one of which was for 
 upsetting the Constitution. That which they complained 
 of was the fixing of an electoral quit-rent, and the par- 
 tition of the representation, which gave all the influence 
 and power to that part of the State the oldest inhabited, 
 while the other more recently settled, though by far the 
 richer of the two, was altogether sacrificed. They who 
 found the old Constitution to their advantage defended it, 
 while the others opposed it. The parties were nearly 
 equal ; and for several years, all the elections depended 
 on this question. At last the Legislature, not wishing to 
 decide the question, ordered by law, that at a future elec- 
 tion, each should add to his vote the word convention or 
 non- convention^ and that then the majority should decide. 
 The result was, that the modern part succeeded by a small 
 majority. The convention was convoked, and never per- 
 haps was there an assembly more remarkable for its talents, 
 virtues and experience. All the most distinguished men 
 of the State were elected, for all are eligible to a conven- 
 tion, whatever place they may fill elsewhere. Thus the 
 members of Congress, the old presidents, judges of the 
 various States of the Union, as of the State itself, officers 
 of the Federal army and navy, all persons ineligible by 
 
AMERICA AND THE AMERICANS, 117 
 
 their position, were there united. After a very long and 
 stormy session, they adopted a constitution, which was 
 submitted to the suffrages of the people, and passing by a 
 feeble majority, that became the fundamental law of the 
 State. This constitution extends the electoral right to 
 every \vhite man paying taxes, equalizes the representa- 
 tion, and completely changes the organization of the tri- 
 bunals. Is not this manner of proceeding in the re-forma- 
 tion of our institutions far better than to cut one another's 
 throats for j^ears, and then only end in anarchy or des- 
 potism ? 
 
 The Constitution of the United States is above that of 
 the States, so that if any of the latter contain provisions 
 contrary to the former they would be devoid of all law 
 and right. If for example, a State convention adopted 
 an hereditary magistracy, or titles of nobility, that article 
 or decree would be considered as void, and the courts 
 of justice would refuse the party all claims under it. The 
 Constitution is therefore respectively for the United States, 
 as well as each separate State, the highest law, and against 
 it no power can prevail or legislate. 
 
 Treaties with foreign powers are that kind of law hold- 
 ing a secondary rank in point of dignity. Next to the 
 Constitution, they form the supreme law of the country, 
 so that every law may be amended or abrogated by a trea- 
 ty. This provision is very remarkable, in that the trea- 
 ties are negotiated by the executive power alone, and are 
 ratified by the President and Senate only ; so that the Con- 
 stitution would appear to give these two powers the faculty 
 of destroying acts in which the Chamber of Representatives 
 had also concurred. This is however a wise provision. 
 For if it becomes necessary to make a treaty in order to 
 modify a law, it is well to simphfy as much as possible the 
 means of doing so. Besides, as all laws relating to finance 
 must first be laid before the Chamber of Representatives, 
 it results that every treaty exerting an inlluence on the 
 
118 AMERICA AND THE AMERICANS. 
 
 finances of the State, or which would be attended with 
 expense in its execution, can only be so decreed by an 
 act of the three powers, and be first laid before the Chamber 
 of Representatives. Hence a compromise is always estab- 
 lished between the two Chambers, while the Senate only 
 ratifies after it has been well ascertained that the Repre- 
 sentatives will vote the necessary funds. This question is 
 still rather obscure, and like many others can only be clear- 
 ed up by judicial decisions. 
 
 The third kind of laws existing in the United States are 
 the statutes^ or written laws. These are acts passed by 
 the Senate and Chamber of Representatives, and approved 
 of by the President. They are published as soon as pass- 
 ed, and at the close of each session. Several editions 
 already exist with notes, and references to the decisions 
 of the tribunals, explanatory of their full meaning. This 
 forms however but an inconsiderable part of the written 
 law. In political and criminal matters the laws of the 
 United States are in general sufficient in the Federal courts, 
 unless adjusted after the lex loci^ which I will hereafter 
 explain. In civil matters, and in the States, it is alto- 
 gether different. At first, all the written English law, 
 from the commencement up to the 4th of July, 1776, was 
 followed ; afterwards, laws promulgated by the Legislature 
 of the State from the commencement. In some States, 
 such as Louisiana, Missouri and Mississippi, the French 
 and Spanish ordinances had also their share of power. 
 After the Constitution of the United States, their laws are 
 superior to those of the States in very rare cases wherein 
 these two powers can legislate on the same matter. But 
 that which renders it more complicated is, that a statute 
 can never be taken in an isolated sense, but must form a 
 part and become the complément of all the statutes in pare 
 materia. Hence a law which passed yesterday, abrogating 
 a law passed twenty years previously, may again unknow- 
 ingly put in full force a law passed a hundred years ago, 
 
AMERICA AND THE AMERICANS. 119 
 
 and which is found to be annulled by a clause in the law 
 of twenty years' existence. With these contradictory dis- 
 positions, the last law has always the advantage, unless 
 the sense be of an obscure character, in which case it must 
 be explained by means of all which has been previously 
 legislated upon a similar matter, and above all by the de- 
 cisions of the tribunals. There exist, however, general 
 explanatory rules : as for example — every penal statute 
 must be construed in favor of the party arraigned ; every 
 fiscal statute in favor of the State ; every civil statute in 
 the most equitable manner : but in all instances where the 
 case is clear, the statute must be acted upon to the letter ; 
 the maxim being sic lex scripta est. 
 
 We now arrive at the fourth kind of law ; that which 
 in fact embraces, vivifies and harmonizes all the others — 
 I allude to the common or customary law. How shall I 
 define it .^ A "gigantic incubus," which has existed from 
 remote ages to the present day ; an invisible being envel- 
 oping us as the air we breathe ; it is one, though constantly 
 changing. A mysterious sibyl, always having a satisfac- 
 tory answer to wdioever consults it ; but like a mild divi- 
 nity permitting her pontiffs to conciliate as they best can 
 her contradictory oracles, and change her will according 
 to their last decision. Her power covers, explains and 
 modifies all, from the constitution to the gospel, thereby 
 subduing people, kings and pontiffs, nobles and plebeians, 
 slaves and masters — all of whom are equal in the law. If, 
 however, her power be irresistible, she is not tyrannic ; she 
 is ever ready to listen to reason, to profit thereby, and 
 regulate all for the best. 
 
 How can I otherwise explain the existence of that law, 
 whose origin is derived (if we are to believe legal authors) 
 from the customs of the ancient Britons, modified by the 
 laws and usages of the Anglo-Saxons, which, under the. 
 Normans, partook of feudal doctrine, following gradually 
 the steps of the progress of intellect, and which was at all 
 
120 AMERICA AND THE AMERICANS. 
 
 times the real expression of the wants of a nation ? It 
 changes every day in every State. Sir William Blackstone 
 in his learned commentaries has taken it, as it were, on 
 the wing, of which he has aflbrded a portrait and an exact 
 resemblance both of the aç-e and of Enç-land. We can 
 
 O O 
 
 still trace that resemblance, though the law has been much 
 changed and ameliorated since. Blackstone, however, is 
 always an authority. His work consists of general maxims, 
 surcharged with divisions, distinctions, and decisions, which 
 are yet explained, to avoid error. Lord Coke, in his 
 work, tells you very gravely, that " common sense is 
 part and parcel of the common law of England^'''' while 
 a little further on he adds, " that the Christian religion, 
 as she was understood in the Anglican Church of the 
 period, is also a portion of the same custom." He then 
 p-oes on to state that the common law has existed from time 
 
 o 
 
 immemorial. He then explains that the common sense of 
 which he speaks is not that of all the world, but a legal 
 common sense, whose origin may probably be traced in the 
 interior of the wig-wam by the judges of the age. 
 
 I will not enter into an explanation of the apparent 
 absurdities of the common law. I could fill volumes 
 thereon. It would, however, be but a slight speck on the 
 beauty of the institutions she has created. Do these 
 absurdities now exist ? In England, perhaps so, if we 
 are to believe Lord Brougham and Jeremy Bentham 
 (a man of system, but much too prejudiced to be taken for 
 an authority). In America, I may affirm that they have 
 almost all disappeared. In England, a party exists' who 
 still cling to the tenets and errors of former times ; and 
 possibly, v/hat with their wigs and court robes, they may 
 yet retain their jury of ventre inspiciendo, the wager of 
 battle and wager of law, in full force.* In America, where 
 
 * This is a mere quiz of Murat's. I remember a circumstance 
 ■wliicli occvirred previously to my leaving England, about five years 
 ago. The case was an action for breach of promise, &c. A gen- 
 
AMERICA AND THE AMERICANS. 121 
 
 the past forms no part, where the whole nation at once 
 sprung up, and is advancing to future glory and enlightened 
 prosperity, they have all disappeared with practice, and we 
 may ennphatically and with truth say, that common sense 
 forms the greater part of the common laic of America. 
 
 Common law exists in every constitution, in every 
 written and even tribunal law, for it is that which regulates 
 the mode of proceeding in the chambers of the legislature, 
 and even in the conventions. It is that which regulates 
 the manner of framing statutes, and no sooner is a tribunal 
 created, than she immediately invests it with all the neces- 
 sary powers for its preservation, which regulate the mode 
 of proceeding, and fix the extent of its jurisdiction and the 
 respective functions of its different officers. True it is, 
 that now and then a statute is rashly framed, but the 
 grand whole absorbs it, harmonizes it, coordains it with 
 the mass of the legislation ; comments on it, and thorough- 
 
 tleman (or rather a scoundrel) residing in Wales fell in love with 
 and won the affections of a respectable farmer's daughter. 
 There exists or rather existed an obsolete law to the efiPect that 
 the parties might live together for a fortnight, in order to allow 
 both a trial of temper, &c., at the expiration of which period, if 
 the parties still retain the same degree of love and affection, they 
 are married, but if on the contrary love's caloric evaporates or 
 they perceive an incompatibility of temper, they may then sepa- 
 rate, and the engagement is declared "null and void." In the 
 present case, the latter alternate occurred, and the heartless fel- 
 low (probably from having previously heard of some legend of this 
 nature during his sojourn in Wales, took advantage of this. The 
 case was tried, and the man would have been in justice and equity 
 condemned to damages and infamy ; but at tlie moment all appear- 
 ed against him, his counsel found the obsolete law, quoted its 
 authority, and the defendant was acquitted, to the heartfelt 
 regret of all present, and none more so than the judge himself, 
 who was totally unaware such a law existed, as no case of that 
 nature had occurred for at least a century. It is unnecessary to 
 add, however, that on a proper representation of the case, this 
 infamous and libertine law was repealed immediately by act of 
 Parliament. — Trans. 
 6 
 
122 AMERICA AND THE AMERICANS. 
 
 ly explains it, until it is only known by the decisions to 
 which it gives rise. Is there among a hundred English 
 lawyers, or a thousand American, one who has read the 
 famous statutes of Donis (which regulate the possession 
 of mort-main property and feudal tenures), wherein the 
 statute of frauds regulates the reciprocal guaranties in 
 movable materials ? They are, however, cited daily, or 
 rather, the incrustations of judicial decisions by which they 
 are covered are cited. 
 
 But you may ask, where find, or where study your 
 common law? At first, in elementary books, that is to 
 say, in the numerous public treatises on the law in general, 
 or its different parts, by eminent magistrates, who are par- 
 ticular in citing the decisions of the court on which they 
 place reliance. Every day brings forth new editions, 
 with explanatory notes of changes in the law since the 
 period of their publication — hence, the last edition is 
 always the best. In the next place, study the reports of 
 the decisions of the superior tribunals, for each supreme 
 court pays a reporter, whose duty consists in publishing 
 its decisions, with the motives which led to it, as also a 
 succinct account of the cause. As this class of reports 
 multiply considerably, as much in England as in the United 
 States, digests have been compiled in alphabetical order, 
 relative to all these decisions, which either refer you to a 
 more important cause, or fully explain it, and save con- 
 siderably the trouble of research. 
 
 When a doubtful question of right comes before an in- 
 ferior court, that court decides it after the decisions of the 
 court of appeal, on which it depends, if that court has 
 already decided. In the contrary case, the court hears the 
 decisions of the English tribunals, those of the United 
 States, or of the other States, and the opinions of eminent 
 jurisconsuls, merely as tokens — giving them more or less 
 authority, according to the reputation of the judges from 
 whom they emanated. The court then decides, the judge 
 
AMERICA AND THE AMERICANS. 123 
 
 charged to deliver its opinion giving it in writing at full 
 length, and replying to the arguments raised, and the reasons 
 given by the counsel on both sides. This opinion, which 
 remains on the rolls, becomes the law of that tribunal, un- 
 til it shall have been reversed by a superior court. Either 
 party believing himself wronged by the decision can ap- 
 peal to any other authority having the power of deciding ; 
 and it is only when the Supreme Court of the United 
 States or that particular State has decided, that the law has 
 definitely settled the matter. Again, as it has rarely hap- 
 pened that two cases were alike, it is always easy for a 
 superior court to discover some circumstance sufficiently 
 strong to destroy the apparent analogy, and thereby admit 
 of its reversing the prior decision. This is what we of the 
 profession facetiously call in joke, splitting a hair in four — 
 and which, by the bye, is by no means one of the least agree- 
 able occupations in the profession. 
 
 It is therefore in the courts especially, that a knowledge 
 of the law is acquired ; the judges are its professors — their 
 opinions, valuable lessons, as the pleadings of the advo- 
 cates are real theses. This is so true, that in Ens-land 
 there is no class in common law :* those who are des- 
 tined to the bar being allowed to study in the practicing 
 barristers' chambers — accompanying them to the tribunals, 
 and living in common, subject to a university discipline, in 
 buildings approximate to the Inns of Court, in which they 
 receive no other instruction but from the lips of the judges, 
 the true source and fountain of common law. 
 
 In order to understand the nature of the different tri- 
 
 * It is true that, in 1738, Sir Wm. Blackstone was appointed 
 professor of a class of Commo7i Law, founded at the University of 
 Oxford by a Mr. Viner. It is to this we are indebted for his valu- 
 able and excellent Commentaries ; but after him, the chair of Com 
 mon Law became a complete sinecure. To a young man who is 
 destined for the bar, and who cannot obtain a sufficient legal know- 
 ledge at the University, and people of the world in general, the 
 reading of Blackstone is more than sufficient. 
 
124 AMERICA AND THE AMERICANS. 
 
 bunals of the United States, we must examine them in 
 different points of view, up to their origin. The courts 
 have been created either by the Constitution or by a law 
 emanating from some constituted authority, or they have 
 existed from time immemorial, anterior to both. 
 
 The courts of first instance form the key-stone of the 
 social vault, as it were — they are as ancient as the Con- 
 stitution — form one of the coordinate powers of the State, 
 and are above all the laws of the legislature. The 
 Supreme Court of the United States comes under this de- 
 nomination. Its composition and jurisdiction, being fixed 
 by the Constitution, cannot be changed ; and on more than 
 one occasion, when Congress thought proper by law to 
 grant it additional functions, the Court declared itself in- 
 competent, and considered the law as null, and of no 
 effect. 
 
 Courts of this description exist in almost all the States. 
 In general, the Constitution, after having established a 
 Supreme Court, leaves it to the legislature to establish 
 inferior tribunals, to distribute and modify them according 
 to the interest of the moment. This is necessary in a 
 country where the march of civilization is so rapid. The 
 law creating these courts, which are called statutory 
 courts^ is the condition of their existence, and regulates 
 all that has reference to them. It is for them to explain 
 and apply this law, subject to the hierarchical sanction of 
 the Supreme Court. All the courts of the United States, 
 except the Supreme Court, are of this kind, which in- 
 cludes almost all the State tribunals. 
 
 Courts martial, military and naval, chancery and equi- 
 ty, as well as the corporation, are also included. Courts 
 martial derive their origin from the regulations which 
 govern the army and navy, and correspond with councils 
 of war. Equity courts do not exist m all the States. In 
 some they are organized by the Constitution, in others, 
 their powers are entrusted to the ordinary judges. The 
 
AMERICA AND THE AMERICANS. 125 
 
 courts of corporation are granted to large towns by the 
 Legislature, and are charged with the correctional police 
 in the interior of the city, and regulate petty civil pro- 
 cesses not exceeding a certain sum, varying in each par- 
 ticular case. All these courts may be annulled, modified, 
 and re-modeled by the ^«^ of the Legislature. 
 
 The courts existing from time immemorial, and known 
 under the appellation of common law courts^ are those 
 in which justice is administered in England ; the origin of 
 the Kincfs bench is lost in the remoteness of time. If I 
 mistake not, the court of common pleas held at Phila- 
 delphia has existed since the colonization of the country, 
 without having ever been created by law. It is, perhaps, 
 the only court of record of a like nature in the United 
 States. All justices of the peace are in the like case. It 
 is the first step of legal hierarchy. Their existence is an- 
 terior to all constitution and law ; their functions, civil as 
 well as criminal, as also their jurisdiction, are fixed by the 
 common law. They are the same in England as in the 
 United States. It is true that their political and adminis- 
 trative functions vary, as also the mode of their nomina- 
 tion, and the sums to which their civil jurisdiction 
 extends. These difïerent objects are fixed by the consti- 
 tution or laws of each State. All justices of the peace in 
 the States have the same jurisdiction throughout the 
 Union, and exercise their functions in the Federal courts, 
 and are the only magistrates enjoying this twofold ca- 
 pacity. 
 
 Another manner of viewing the different courts is, in 
 their dignity. They are divided into courts of record and 
 non-record. Those of the first kind possess a register or 
 record, which is supposed to contain a faithful report of 
 all matters therein transacted, or brought before the court, 
 from its very origin. The truth of the record can never 
 in any case be questioned or denied ; and I have seen a 
 party dismissed the court, because, from an error in the 
 
126 AMERICA AND THE AMERICANS. 
 
 name, it had been marked as dead on the record. It is 
 regarded as the absolute truth ; it may be inspected on 
 paying the registrar ; and you may have extracts there- 
 from, under the seal of the court, which is valid, unless 
 there be an error in the copying, or a diminution of record. 
 All civil and criminal courts are courts of record^ and as 
 such, possess, in virtue of the common law, the right to 
 punish every direct insult or disobedience of their orders or 
 decrees, by fine or imprisonment. Hence, as soon as a 
 court is established by law or constitution, and a registrar 
 appointed, it has also a well-defined power granted by the 
 common law. Courts martial, justices of the peace, and 
 some corporation courts, are not considered as courts of 
 record. All is therein understood to be conducted in an 
 oral manner, and they keep no register of their trans- 
 actions. It is however true, that in some of the States, 
 justices of the peace are authorized to keep certain regis- 
 ters, but they are not looked upon with that stamp of 
 truthfulness or authority of records, and are considered 
 merely in the light of memoranda. 
 
 We will now come to the jurisdiction of the different 
 courts, in which there exist important distinctions ; and I 
 will endeavor to elucidate, as clearly as possible, the dif- 
 ference existing between the Federal courts and those of 
 the States — at the same time showing, that in explaining 
 the jurisdiction of the former, I also demonstrate those of 
 the latter, which, by the Constitution of the United States 
 possess entire jurisdiction over every thing not included in 
 the Federal. We will first consider the civil and criminal 
 jurisdiction of equity and admiralty of the Federal tribu- 
 nals, according to the place, person and matter, or in legal 
 terms — jurisdiction in loco, in persona, in subjecfa materia. 
 I will afterwards analyze the Federal system of the United 
 States, and demonstrate how many courts it is composed 
 of, and their original or appellate jurisdiction. 
 
 The civil jurisdiction in loco of the Federal courts ex- 
 
AMERICA AND THE AMERICANS. 127 
 
 tends over the District of Columbia, in which Washinç^ton 
 is situated, on lands where this jurisdiction has been ceded 
 to the United States, by a special act of the State, and 
 over all the immense territory belonging to the Union, and 
 comprised beyond the limits of the States. In all these 
 cases the courts follow the lex loci or local jurisprudence. 
 There is some uncertainty in ascertaining whether the 
 jurisdiction of the Federal courts also extends, and to 
 what point, over the territory of the Indians, compre- 
 hended within the limits of the States. 
 
 Their civil jurisdiction in parsona, extends to every 
 cause in which the United States, one of their officers 
 representing as such, or a stranger, are parties, — to causes 
 between two strangers, or citizens of different States, and 
 lastly between one State, and the citizen of another. la 
 these cases the courts are obliged to conform themselves 
 to local jurisprudence. 
 
 Their civil jurisprudence in subjecta materia embraces 
 all cases to which the Constitution of the United S sates, 
 treaties with foreign powers, or the laws of the United 
 States, give rise, when the courts judge in conformity with 
 their constitution and laws. All suits of the United 
 States Bank, for instance, are taken before these tribunals, 
 because it is a Federal institution, owing its existence to an 
 act of Congress. All litigation with the administration of 
 the Slates and their exchequer is equally referred to these 
 courts. 
 
 In the United States, as in England, criminal jurisdiction 
 is intrusted to the same tribunals. There exist no distinct 
 civil and criminal court. Louisiana is the only State in 
 which this distinction prevails, and where a tribunal ex- 
 ists whose jurisdiction is purely criminal. All the other 
 courts, as well of the State as Federal, during sessions, ad- 
 judicate criminal and civil causes indiscriminately. In or- 
 der that the criminal jurisdiction of the courts of the United 
 States be held in loco, the crime must have been committed 
 
128 AMERICA AND THE AMERICANS. 
 
 either in the District of Columbia, or in locahties to which 
 this jurisdiction has been ceded by a State — as is the case 
 in the forts, arsenals and dock-yards of the Union — or be- 
 yond the limits of the States, or in open sea. In all these 
 cases, with the exception of the last, the court awards the 
 penalty fixed by the local laws ; while in the latter, the 
 -laws of the United States decide. 
 
 The quality of ambassador, or foreign consul, can alone 
 give to the Federal courts criminal jurisdiction in persona ; 
 and then they invariably adjudicate according to the local 
 law. 
 
 Every criminal action, or one punished as such by the 
 Constitution, treaties, or laws of the United States, gives 
 criminal jurisdiction to their courts in subjecta materia. 
 Thus, rebellion against the United States, the fabrication 
 of false coin, an attack on the security of the postoffice, &c., 
 are crimes which come under the authority of the Federal 
 courts, and are conducted according to the laws of the 
 United States. It must be borne in mind, however, that 
 the courts of the United States, being created by a law, 
 have only jurisdiction in cases to which that law applies, 
 and that since every penal statute should be construed in 
 favor of the accused, unless indeed the crime be clearly 
 defined by the laws, whatever be the attempt against the 
 peace and dignity of the United States (as it is technically 
 called), it cannot be punished. The case would be differ- 
 ent where the power is derived from the common law, be- 
 cause it provides for every emergency. 
 
 Before entering upon cases in which the Federal courts 
 exercise a jurisdiction in equity or chancery, I must first 
 explain its meaning. On the revival of letters, the priests 
 were almost the only men who cultivated them ; for along 
 period the church alone availed itself of the discovery of 
 the Pandects^ which she incorporated with canon law. 
 At the end of some centuries, this right or law became more 
 or less the law of Europe, with the exception of England, 
 
AMERICA AND THE AMERICANS. 129 
 
 where the feudal power of the barons, and the turbulent 
 spirit of the commons, constantly opposed its introduction. 
 This gave rise to a continual opposition or collision be- 
 tween the civil and criminal tribunals, in which the common 
 law prevailed, while the ecclesiastical courts pronounced 
 judgment after the canon law. This ecclesiastical jurisdiction 
 still exists in England, in all cases of divorce, the proving 
 of wills, &c. ; but in the United States, the like cases are 
 referred to the ordinary tribunals, excejjt in South Caro- 
 lina and, perhaps, one or two other States, which have 
 their own peculiar lay courts clothed with this jurisdiction. 
 The lay tribunals, however, successfully resisted the en- 
 croachments of the ecclesiastical judges in England, and 
 gradually confined their jurisdiction within proper bounds. 
 But in those remote ages, the Chancellors of England were 
 always Bishops, exercising at the same time the functions 
 of almoners, and keepers of the king'' s conscience (titles 
 which they preserve to this day), arrogating to themselves 
 a discretionary power which has descended to their lay 
 successors, in all cases in which the ordinary laws afford 
 no remedy. They were supposed to dispense justice, not 
 according to fixed laws, but according to their conscience, 
 and natural equity. Hence, the opposition always prevail- 
 ing in England between law and equity. It often happens 
 that the law, following anterior decisions, and certain tardy 
 forms, affords no real justice to parties, or decides unjustly. 
 In all these cases, the Chancellor is appealed to ; and in him 
 rests the decision. By special or particular writs there- 
 fore, he has the power to suspend all proceedings in the 
 courts of law, and even the execution of their judgments. 
 He can, however, exercise no jurisdiction over a bona fide 
 question of fact ; but which, where the case presents itself, 
 he must send before a court of law and jury, which reports 
 its verdict to him, and which decision he afterwards con- 
 firms. This Chancellor alone decides without a jury, on 
 written depositions, taken before a commission. His 
 t)* 
 
130 AMERICA AND THE AMERICANS. 
 
 power is viewed as wholly discretionary ; but as the de- 
 cisions of his predecessors are registered on record, he is 
 obliged to conform thereto, as well as the established forms 
 of the courts. He pronounces no judgment, but gives his 
 orders or injunctions, while all contraventions or opposition 
 thereto are considered as contempts of court, and punished 
 by fines and imprisonment until the offending refractory 
 party shall have apologized to the court, and obeyed its 
 authority. The court of chancery is supposed to be al- 
 ways open, night and day, while the law courts are only 
 open at stated periods of the year. If, for example, while 
 I bring an action against any one before a law court, the 
 party should wish to evade the jurisdiction of that court by 
 quitting the country, on my petitioning the chancellor, he 
 issues a writ of ne exeat, by which the defendant is, at his 
 peril, forbid to leave until he shall have proved, in contra- 
 diction to myself, that my interests would not suffer there- 
 by ; or until he shall have given bail either to return 
 when called upon, or for the payment of the debt in case 
 of his being condemned. If a dispute should arise in re- 
 ference to an immovable or real estate, and the party 
 in possession pulls down the houses, fells trees, or in any 
 other manner damages it, the chancellor grants an injunction 
 to stay waste ; as also by an injunction to stay proceedings^ 
 he can forbid a party carrying on an action before another 
 shall have been decided, and even where this is a manifest 
 fraud, he can forbid the further proceeding in an action un- 
 til the party shall have received his permission for its con- 
 tinuance ; or suspend the execution of judgment, in order 
 to preserve the rights of a third party. In ail cases con- 
 cerning trustees and minors, the chancellor interposes, in 
 order to see that justice is done according to the wishes of 
 the testator or founder of a trust. He may order the spe- 
 cific execution of a contract, after explaining the equitable 
 right required and due from one party to another, &c. 
 The United States have no chancellor. Some of the 
 
AMERICA AND THE AMERICANS. 131 
 
 States have : others have courts of chancery, with several 
 degrees of appeal : others have none ; but in this latter 
 case, the chancery powers are confided to the ordinary 
 judges ; so that, if on the one side, as law judges, they 
 take cognizance of an action, on the other, as equity 
 judges, they can stop all proceedings. This is the case in 
 the Federal courts : they can enjoin or direct the State 
 courts, and those of the United States according to the 
 hierarchy. From what is here stated, it is easy to per- 
 ceive that the equitable jurisdiction of the Federal courts is 
 co-extensive with their civil jurisdiction. 
 
 We now come to the admiralty jurisdiction, which be- 
 longs entirely to the Federal courts. They adjudicate ac- 
 cording to the universal maritime law, and the United 
 States laws relative to this subject ; their manner of pro- 
 ceeding in all cases in personam is that of the common law, 
 that is to say, with a jury, and oral testimony of witnesses ; 
 and in all cases in rem^ the forms of civil law, viz. : with- 
 out jury, and by written depositions. They are, however, 
 always obliged to conform to the anterior decisions of 
 courts superior to them in the hierarchy, so that the mari- 
 time and equity law are thereby regulated and form a part 
 of the common law. 
 
 No court can take the initiative in any thing, except in 
 case of flagrant insult offered to its dignity. The Federal 
 courts never know what is passing in the courts of the 
 States, unless one of the parties put them in possession of 
 the facts of the case. There are, however, many cases in 
 which the jurisdiction of the Federal and the courts of the 
 States are opposed to each other; for example, the civil 
 jurisdiction in persona, for this is a privilege which the 
 Constitution wished to accord to a stranger, that of plead- 
 ing before the Federal courts, and which he may renounce, 
 in carrying his action before a State court, or in not object- 
 ing to it as incompetent. The State court is not obliged 
 to look upon him as a stranger, and when once it has taken 
 a cause in hand, it is too late to oppose its proceeding. 
 
132 AMERICA AND THE AMERICANS. 
 
 All the territory of the United States comprised within 
 the States is divided into judicial districts, in each of which 
 a district court exists. During the year, several terms are 
 held in different towns of the district, following particular 
 laws, which are altered according to the wants of the 
 population ; it is, moreover, always open as a court of chan- 
 cery and admiralty. Before these courts, every case must 
 in the first instance be brought, and there is but one judge 
 to a district. 
 
 Several of these districts united form a circuity which has 
 a circuit court, composed of judges of districts, and presided 
 over by a circuit judge. This court is held in the dif- 
 ferent towns of its resort ; and its jurisdiction is limited to 
 the hearing of appeals from the district courts, which it 
 definitely decides, provided the amount in litigation does 
 not exceed 5000 dollars. Like the other courts, it is un- 
 derstood to be always open to litigants in chancery and 
 admiralty before the circuit judge. 
 
 The seven circuit judges ultimately meet at Washington 
 annually on the first Monday in January, and there consti- 
 tute the Supreme Court of the United States, which is the 
 highest tribunal in the country. It is presided over by one 
 of the circuit judges, holding the title of Chief Justice^ 
 This post has been filled by the venerable John Marshall, 
 one of -the most profound jurisconsuls, as also one of the 
 most upright and most enlightened men I have ever 
 known. To him and his exalted virtues may be attributed 
 the great respect which this tribunal commands. Its 
 power is immense, for it is the last appealed to for the de- 
 cision of all doubtful points of the Constitution, and 
 which refuses to execute the laws of Congress and the 
 States, when they are contrary to its tenets. It has ever 
 merited the confidence reposed in it ; and I look upon it 
 as the first power in the United States, and as one which 
 will preserve the harmony of all the others so long as the 
 Constitution remains unchanged. Its jurisdiction is purely 
 
AMERICA AND THE AMERICANS. 133 
 
 appellative, except in criminal cases against foreign minis- 
 ters or consuls, in which it possesses an original jurisdic- 
 tion. 
 
 The District of Columbia and territories beyond the 
 limits of the States have particular provisional courts, un- 
 til such times as they become States. The definitive ap- 
 peal, therefore, is always carried before the Supreme 
 Court of the United States. 
 
 In all the States, except that of Georgia, a system 
 nearly similar is pursued, the number of degrees of juris- 
 diction varying from two to three ; there is, however, 
 everywhere one or two supreme courts, where there ex- 
 ist separate courts of equity : everywhere the inferior 
 courts hold their sittings in different places several times 
 a year, so that justice is as it were brought to the very 
 doors of the parties. Each State has, therefore, a legal 
 unity or tribunal which develops the oracles of the com- 
 mon law of that State, and which explains the laws of its 
 Legislature. The State of Georgia possesses no less than 
 eiffht ! beino: the number of districts into which the State 
 is divided ; in each of which there is a judge elected every 
 three years by the people, and who holds at different terms, 
 in different parts of his district, two kinds of courts, viz. : 
 Inferior and superior : the first is a court of first instance ; 
 the second a court of appeal, in which he is assisted by a 
 special jury — so that the appeal in a cause is made before 
 the same judge, who is also invested with the powers of 
 chancery, and whose decisions in his district are final, as 
 there exists no supreme court. There are, therefore, eight 
 common laws in Georgia, which change every three years ! 
 It is impossible that this absurd system can long exist amid 
 an enlightened nation. 
 
 All these courts of record^ both of the United States as 
 well as the States, are charged to uphold the Constitution 
 and see that the laws are enforced, each in its separate 
 jurisdiction, and to oppose every encroachment. As I have 
 
134 AMERICA AND THE AMERICANS. 
 
 already observed, the court can never take the initiative, 
 before the complaint of the aggrieved party shall have been 
 entertained ; in which case the laws and Constitution in- 
 vest it with very extensive powers, according to the com- 
 mon laWj in their defense. These are writs, or, to use the 
 old Norman expression, briefs of habeas corpus, mandamus, 
 and quo warranto. 
 
 By the first of these briefs, the court orders every per- 
 son who may have seized the person of another, to bring 
 before it on a certain day and hour the bodi/ of such a one, 
 or explain the reasons which prevent it. This brief is 
 issued by the clerk of the court on the order of the judge, 
 not only on demand of the parties, but immediately with- 
 out delay. The party to whom it is directed must repre- 
 sent the nature of the brief to the judge. No authority 
 whatever can resist the execution of it. If, therefore, it 
 should happen that a party is arbitrarily detained, no mat- 
 ter by what authority — as for instance, a young person 
 locked up by the parents to be forced into marriage — a 
 soldier by his officer, in order to compel him to enlist 
 again — a sailor detained on board, after the expiration of 
 his term of service — an accused or criminal creditor kept 
 in prison longer than is authorized by law — a negro ar- 
 rested under pretense of his being a slave — a religious 
 person detained in a convent, &c. In all these cases, the 
 party aggrieved, either through themselves or by an official 
 defender, may demand this brief, and be brought up before 
 the judge, who inquires into the cause of arrest or detention, 
 and orders their immediate release if he deems fit. 
 
 The court, however, does not decide upon the merits 
 of the cause of arrest on this brief of habeas corpus, but only 
 as to its legality. If, for instance, a writ of this nature is ad- 
 dressed to a jailer, to bring up the body of a prisoner ille- 
 gally detained, and he replies to the brief by a copy 
 of the commitment showing that the party is incarcerated 
 by order of a court, having a competent jurisdiction, it is 
 
AMERICA AND THE AMERICANS. 135 
 
 sufficient ; for the prisoner has other means of having the 
 merits of his arrest adjudicated, either by an appeal, a writ 
 of error or a bill of exceptions ; but if he be detained by 
 order of the executive power, a mihtary officer, or in any 
 other illegal manner, the court immediately orders his re- 
 lease, and he has, moreover, his action for damages and 
 interest against his detainer for false imprisonment. The 
 writ of mandamus is granted to every party aggrieved by 
 the refusal of a public officer, or of a political corporation, 
 to fulfil its duties. It is in the first place granted, under 
 an alternative form, to do such a thing or give the reason 
 for refusal ; and it is only after having heard the parties, 
 that the court renders the mandamus peremptory, if it 
 deems fit. If, for example, a person claim a right to a 
 piece of land, in virtue of a law, and the administration 
 of public land refuses to grant it ; if a man has been ap- 
 pointed to office, and the officer holding it refuses to 
 give up his brevet, put him upon his oath, or acknow- 
 ledge him in that quality ; if a justice of the peace or any 
 other inferior court refuses to exercise the function of its 
 office in all these cases, the brief compels them, unless they 
 can show some lawful excuse. This writ is only put in 
 force when no other remedy exists, and does not apply to 
 judiciary acts : for a superior court has the power by man- 
 damus in certain cases to order an inferior court to pro- 
 nounce a judgment, but not to dictate what that judgment 
 is to be. It is only in cases of appeals or cassation, that 
 it can take cognizance of the decision pronounced. 
 
 The third writ, that of quo warranto, is a brief by which 
 the court demands of some constituted authority, by what 
 right or warrant it has arrogated to itself such or such a 
 power. 
 
 Upon this writ the court fully investigates the matter, and 
 even in case of a power being usurped, and if the demand 
 of the writ has been made on criminal information, it passes 
 its sentence upon the guilty party. These three writs are 
 
136 AMERICA AND THE AMERICANS. 
 
 the safeguards of the liberty of the citizen, inasmuch as 
 the first secures his person against all arbitrary detention ; 
 the second gives a check on the negligence of magistrates, 
 and compels them to execute the laws, while the third 
 prevents all encroachment of power. I cannot look upon 
 that as civil liberty, wherein powers analagous to those 
 which these writs give to the courts do not exist. The 
 delay or refusal to obey these writs is punished with great 
 severity, as an insult to the court, not by a fixed award, 
 but by imprisonment and fines^ which are prolonged and re- 
 peated until the party obeys. Powers so extensive are, 
 however, by no means dangerous, because the courts have 
 no initiative ; and supposing the son or wife of the judge 
 to be illegally arrested, he could not take cognizance 
 of it unless a third party preferred his complaint. 
 
 Nothing can be more simple than the organization of a 
 tribunal in America. Those of the United States are, in 
 general, composed of a sole judge ; this is also the case 
 with almost all the inferior tribunals of the States. The 
 Supreme Court of the United States is, if I mistake not, the 
 most numerous tribunal in the Union. The judges of the 
 United States are appointed by the President, with the 
 advice and consent of the Senate, so long as they conduct 
 themselves w^ith propriety, and can only be removed by 
 decision of the Senate sitting as a court of impeachment ; 
 for wdienever a judge or other functionary of the United 
 States, were he the President himself, gives rise to well 
 founded complaints in the exercise of his functions, laid be- 
 fore the Plouse of Representatives, this chamber sends 
 them to the Senate, which gives a definitive decision thereon 
 in removing that functionary. This is the only judicial func- 
 tion exercised by the Senate ; which is not like the House 
 of Peers in England, the supreme court of justice of the 
 country. 
 
 In all the States, excepting Georgia where they are eli- 
 gible and change every three years, the judges cannot be 
 
AMERICA AND THE AMERICANS. 
 
 137 
 
 removed, unless they have been tried either by the Senate 
 or the two legislative chambers united. In the State of 
 New 'York alone, every judge must retire at the age of 
 sixty years — a circumstance to be lamented, as it deprives 
 the people of their best and most experienced magistrates. 
 They are almost invariably named by the governor. In 
 some States, however, they are elected by the legislature. 
 They are all well paid (perhaps not enough), and enjoy 
 much consideration and induence. 
 
 Although the judge alone constitutes the court, he cannot 
 adjudicate without the officers of the court, viz. : the clerk, 
 sheriff and advocates. The clerk or registrar, is a very im- 
 portant personage. He is the keeper of the record^ and 
 issues all w^rits and orders of the court. In general, he is 
 nominated by the judges, or elected by the people, and 
 paid by the counsel for every act of his office in connection 
 with them. He administers all oaths, of which, in an 
 American court, there is a profusion. 
 
 The sheriff however (known in the States by the title 
 OÎ marshal), though his functions are of a different charac- 
 ter, is not the less important. He is the huissier or 
 bailiff of the courts, both civil and criminal. There is one 
 to each county, and he is the ofEcer of all the State courts 
 which sit therein ; as also in each district of the United 
 States, there is a marshal who executes the judgments of 
 the courts, and serves processes — these functions apply 
 equally to both. The marshals are appointed by the Presi- 
 dent, while the sheriffs are in general elected by the people of 
 the different counties — although, in some States, I believe 
 they are appointed either by the governor or the legislature. 
 These appointments are very lucrative, though of a very re- 
 sponsible character, while the sheriffs are obliged to give 
 very high security. Although the sheriff seldom quits his 
 bureau, and acts on almost all occasions through his depu- 
 ties, of which he has an iilimited number, it is his personal 
 duty to make out all summonses, to serve all writs, that is 
 
138 AMERICA AND THE AMERICANS. 
 
 to say, to communicate with the parties, or to execute them 
 when addressed to him. He sells the property' of debtors, 
 or arrests them if they cannot otherwise pay, and makes 
 over the property in dispute to the person in whose favor 
 the court may have decided. He pursues and arrests 
 prisoners, keeps them in custody, and executes them if 
 condemned. In fact the court in all these cases knows but 
 him. He is personally responsible to the court for the 
 execution of these writs, and endorses their return or the 
 result thereof. For instance, on the back of a capias ad 
 respondendum (or summons to appear), he indorses the 
 execution thereof, naming the day and giving the copy 
 thereof to the party or to his wife, &c., or inscribes non est 
 inventus^ if the party cannot be found. The same on a 
 writ of venditioni exponas^ he endorses : I have sold such a 
 property on such a day, for so much, and disposed of the 
 proceeds in such a manner ; and so on, whether in a civil 
 or criminal matter. All these writs thus returned^ remain 
 with the registrar. He has the power, in a case of litiga- 
 tion, of making a special return; that is, to detail all the 
 facts which attended the execution or non-execution of the 
 writs, in order that the court might specify the act. He 
 is invested with an authority which none must resist. He 
 can arrest whomever he likes, and seize and sell property. 
 He has under his charge as many warrant-officers, constables, 
 sergeants, records, jailers and executioners as he may think 
 proper. Not only can he call on the military of the United 
 States or the militia in aid, but he can also demand the servi- 
 ces oîihe posse comitatus^ that is, command the assistance of 
 any inhabitant in the exercise of his authority. He has 
 even been seen to order a judge down from the bench, to 
 assist him in arresting a refractory malefactor. In fact, he 
 is the physical power of society, whom none may resist. ^ 
 But though invested with powers so considerable, he is 
 strictly responsible for all he does. If he commit an error 
 in arresting me for another, I can bring an action against 
 
AMERICA AND THE AMERICANS. 139 
 
 him for damages, costs, &c. The same in a criminal 
 matter, if he exceed his authority without provocation. I 
 do not defend my property against him, but I hold him re- 
 sponsible for any damage he may have committed. This 
 double responsibility of the sheriff is so well balanced, 
 that no danger need be apprehended either for one's property 
 or individual liberty ; and matters are considerably sim- 
 plified by being thus united under one responsible party. 
 
 Besides these functions, it is the sheriff's duty to report 
 on the result of all elections held in the county ; while in 
 some States, he is also collector of taxes. These places 
 are very lucrative and in much request, and the emolu- 
 ments wholly paid by the parties. 
 
 However well the court may be constituted, it would be 
 comparatively dull as a desert, without the gentlemen of 
 the bar. The tribunals and litigants have certainly been 
 invented for them ; for it is they who most profit thereby, 
 and who collect the " loaves and fishes." There is but 
 one class of lawyers in the United States — the advocates. 
 They perform the duties of notary, proctor, attorney, &c. ; 
 their technical legal title is counselor at law. They are 
 officers of the court, and as such, take the oath of allegiance 
 to its rules, and are subject to a sort of system of discipline. 
 They may be suspended, and even broken by the tribunal. 
 They undergo an examination, in open court, without the 
 necessity of a preliminary course of study. 
 
 The United States, and the States, employ a counselor 
 in each of their courts, which, however, does not consti- 
 tute him a public officer. The United States are merely 
 his clients. He appears in all their civil and criminal 
 causes ; and as these latter are always entered in the name 
 of the United States, or people of the State, it is he who 
 pleads in their behalf: although the people, by means of its 
 grand jury, prosecutes the cause. He is paid like any 
 other advocate, on presenting his claims at the end of each 
 term, certified by the judge. This appointment in behalf of 
 
140 AMERICA AND THE AMERICANS. 
 
 the United States is much coveted ; for, besides bemg 
 very lucrative, they being excellent clients and solid pay- 
 masters, it gives him precedence at the bar ; this is all, how- 
 ever, for the district attorney (as he is called) may be 
 suspended by the court, or even broken like any other 
 practitioner ; nothing can, however, prevent his undertak- 
 ing other causes, provided they be not against the United 
 States. 
 
 The advocate of the United States in the Supreme 
 Court has the title of Attorney-General ; he is at the head 
 of the bar, and the true minister of justice. The courts 
 being altogether independent, as well of the executive as 
 legislative power, it is only as a party that the former can 
 appear before them. All district attorneys receive their 
 orders, instructions and consultations from the attorney- 
 general. He holds consultation with the officers of the 
 government in all cases where doubt exists. He orders the 
 prosecution or suspension of proceedings in all cases 
 wherein the exchequer or United States are concerned. 
 But he himself pleads their cause before the Supreme 
 Court, or even in the circuit courts when of sufficient im- 
 portance. He is also considered as forming a member of 
 the President's cabinet. 
 
 Having now explained the nature of the constitution of 
 a court, I will endeavor to afford you some idea of it in 
 session. For this, however, we must have juries. Some 
 time before holding the term, and according to the delay 
 required by law, which varies in each State, the clerk gives 
 the sheriff two writs of vemre facias, in one of which he 
 orders him to form a grand jury ; and in the other, one or 
 two panels, each composed of forty-eight petty jurymen, 
 taking care to select none but boni et légales homines. The 
 necessary qualifications, according to this clause, differ in 
 the different States ; they are, however, in general, the 
 same as those required for voting, viz. : to be freemen, of 
 age, and to pay a tax of some kind. To belong to the 
 
AMERICA AND THE AMERICANS. 141 
 
 grand jury, you must be a housekeeper. The sherifl* se- 
 lects the jury in rotation, from a h'st which he possesses of 
 all who are eligible to serve ; but in such a manner, that 
 all parties resident in his county or district shall be fairly 
 and equally called upon. He may consult their convenience, 
 in calling on those who have other matters in the court or 
 its vicinity, in preference to those whom it might subject to 
 greater inconvenience. This is optional with him, for all 
 who are cited are bound to appear. 
 
 On the day fixed by law, the judge and all whose busi- 
 ness it is to attend, or who are attracted by curiosity, pro- 
 ceed to the court-house. There is no peculiar dress to 
 distinguish either the judge or others, no gendarmes, nor 
 soldiers of any kind. A sort of tribune receives the judge — 
 a kind of bench^ with seats on either side for the juries. The 
 clerk is seated at a table, immediately beneath the judges. 
 The advocates are collected around a table in the center 
 which is reserved for them. The audience are behind. 
 The sheriff and his officers station themselves wherever 
 they please. As soon as the court is formed, the sheriff 
 opens the proceedings by reading a proclamation aloud. 
 AH is silent ; and what was just now but a meeting of citi- 
 zens on a perfect equality becomes a tribunal from the 
 moment of the reading of this proclamation. 
 
 The sheriff has indorsed on the venire the names of the 
 persons he has selected. The clerk calls them over. 
 Those absent are fined, or, if they tender no reasonable 
 excuse, are imprisoned for contempt of court. He begins 
 with the grand jury ^ which must be composed of more 
 than twelve, and less than twenty-four persons — generally 
 from sixteen to twenty-three. As soon as they have an- 
 swered to their names, taken their seats in the jury box, and 
 the judge replied to any excuses they might make for ab- 
 sence, and a foreman or president appointed, the clerk 
 administers an oath requiring them to truly and impartially 
 investigate any and all cases of infraction of the laws. 
 
142 AMERICA AND TME AMERICANS. 
 
 which may be brought before them, to report thereon to 
 the court, accusing none through mahce, allowing no threats 
 to influence them, and strictly to keep secret all which 
 comes before them or which may come to their knowledge. 
 This oath being taken, the judge delivers his charge ; a 
 kind of admonition or address in which he instructs them in 
 their duties, makes them acquainted with any changes 
 which may have taken place in the criminal law, and es- 
 pecially calls their attention to such or such law, according 
 to circumstances. This done, the jury or grand inquest of 
 the county, retire to a room already arranged for them. They 
 are then immediately placed in possession of the report 
 from each justice of the peace, of all accused parties whom 
 he may have arrested, or for whose appearance he has re- 
 ceived bail, together with the cause of their arrest, and a 
 list of witnesses in the case. If the sheriff, or even a 
 citizen, has the power on legitimate grounds of arresting an 
 individual, he must, with the least possible delay, bring 
 him up before the magistrate, who alone can commit or 
 bail the party, and who is responsible in damages and costs 
 for any illegal detention. The magistrate examines the 
 accused party together with the witnesses for and against. 
 If he finds it a case for trial, he demands bail, not only 
 from the parties accused, but also the witnesses, and makes 
 known to them the day of trial or opening of the sessions. 
 If he deems there is no cause for trial, he immediately re- 
 leases the party. 
 
 The grand jury is furnished with an act of accusation or 
 indictment by the district attorney, in the name of the 
 people, the United States or the jury itself, according to 
 the local forms ; they investigate and test its truth, by the 
 examination of Avitnesses, without ever questioning the 
 prisoner, who is always at liberty to retract the confessions 
 which he may have made before the justice of the peace. 
 For it is one of the first maxims of common law, that a 
 prisoner can admit nothing to his prejudice. If the grand 
 
AMERICA AND THE AMERICANS. 143 
 
 jury admit the probability of guilt, the foreman indorses 
 the indictment with the words true hill; if, on the con- 
 trary, they believe the prisoner innocent, they write igno- 
 ramus (ignore the bill), and the prisoner is discharged. 
 All these proceedings, as also the examination of witnesses, 
 for reasons sufficiently obvious, are kept strictly secret. 
 
 Not only have the justices of the peace the right to lay 
 their proceedings before the grand jury : but this right of 
 complaint belongs to all, and is, perhaps, the most sacred 
 of all civil rights. The complaint remains secret, until 
 the grand jury shall have come to a decision on the indict- 
 ment which the district attorney prepares, according to its 
 directions. In all cases also, of crimes against the United 
 States, or a State, their advocate prefers a complaint or an 
 indictment in their name. 
 
 The grand jury can call before them, under pain of fine 
 and imprisonment, all whose evidence they may deem 
 necessary to elucidate a fact. When a doubt exists on a 
 point of law, it is for the judge to elucidate it to them. 
 Their sitting continues from day to day, in the appointed 
 place, until they shall have come to a decision on all the 
 cases brought before them. Each day they bring down to 
 the court the indictments on which they have decided, and 
 on the last day of sessions make a general presentment ; or, 
 in other words, draw up a report of-any defects or evils ex- 
 isiting in the county, but not of such a nature as to give 
 rise to any accusation. They report, for example, on the 
 state of the roads ; whether the police magistrates have 
 neglected their duty ; that such a law lately enacted is 
 defeotive ; or that such a measure ought to be adopted by 
 the legislature. These presentments are considered as ex- 
 pressing the wishes of the people, and are viewed with the 
 greatest consideration. They can neither pronounce an 
 indictment nor make a presentment unless there be at least 
 a dozen members in its favor, whatever be the number- 
 Their presentment once finished and laid before the court, 
 they are discharged. 
 
144 AMERICA AND THE AMERICANS. 
 
 While the grand jury is occupied in inquiring as to the 
 criminality of the accused, and sending them for trial be- 
 fore the court, the judge proceeds in forming the petty 
 juries, in order to assure himself of their presence ; and 
 afterwards has the causes called over. In this the practice 
 varies a little in different courts, each having its own pe- 
 culiar rules ; the differences are, however, of so little im- 
 portance, that in citing those established in the courts in 
 which I have practiced, you can readily form an idea of 
 the rules existing in the others. In general, the causes 
 are called thrice : the first, to knov/ if any and w^hat pro- 
 ceedings have been taken ; the second, to fix a day for in- 
 quiring into it ; and the third, to dispose of it either one 
 way or the other. Criminal causes are generally taken up 
 first, in order to set at liberty those prisoners who may 
 prove innocent ; then come the civil causes to go before 
 a jury, and finally, motions, questions of law and chan- 
 cery causes, if they come v/ithin the jurisdiction of the 
 court 
 
 In a case of criminal indictment, the accused is brought 
 before the court under the immediate custody and responsi- 
 bility of'the sheriff; he remains standing before the judge, 
 when he is informed that his county, represented by the 
 grand jury, accuse him of murder, and the indictment is 
 read to him. He is then asked v/hat he has to say. He 
 replies that he is not guilty, and that he wishes to be tried 
 by his country, viz. : a jury ; in case of his not replying, 
 or confessing himself guilty, the, court after having several 
 times warned him of the consequences, is obhged to pass 
 sentence upon him. These are the only questions which 
 the court or jury have the right to put to him in the mat- 
 ter at issue. 
 
 It now becomes necessary to form a jury to proceed to 
 trial. The clerk calls the first whose name is on the 
 panel (or jury list), and places him opposite the prisoner, 
 who is asked if he has any objection to the party so cited ; 
 if he say no, the juryman takes an oath to give a true and 
 
AMERICA AND THH AMERICANS. 145 
 
 impartial decision between the people and the prisoner, and 
 takes his seat under the charge of the sheriff^s officer. 
 The prisoner may object to a certain number of the jury, 
 which varies from twenty to fifty, without assigning any 
 reason, and so long as he can find a legal excuse for so do- 
 ing. If, for example, a juryman has been a witness against 
 him, at his examination before the justice of the peace, or 
 if he has been so in the same cause in another term, if he 
 has formed or expressed an opinion on the case prejudicial 
 to the prisoner, he may be objected to both by the prisoner 
 and the people's advocate ; the latter, however, seldom 
 avails himself of this prerogative. It often happens that 
 the jury lists are called over without obtaining the necessary 
 complement of twelve jurymen. The sheriff is then au- 
 thorized to call talesmen, that is, to take the first person he 
 finds eligible Avho happens to be in the court, in the street 
 or town itself, and even in the county, until he shall have 
 completed his list of twelve men, against whom the ac- 
 cused can offer no objection. The jurymen may be ex- 
 amined upon oath, in respect to their impartiality ; and 
 when once the twelve men have been chosen, the}^ are 
 shut up in the jury-box under the charge of the sheriff, in 
 order that no person shall have communication with them. 
 This done, the counsel for the prosecution reads over the 
 charge to the jury, always in presence of the accused, 
 develops his reasons, and brings forward his witnesses 
 against the defendant. Each witness called takes an oath 
 to speak the truth, the whole truth, and nothing but the 
 truth ; he is then examined by the party calling him, which 
 done, he undergoes a cross examination by the counsel in 
 defense ; then again by the former, and again by the pris- 
 oner's advocate, until both parties shall have " squeezed 
 out the whole juice of the matter." This plan is also al- 
 ways followed in civil causes. The court and jury are 
 at liberty to question the witness if they think proper. 
 In general, however, they leave that to the counsel, who 
 7 
 
146 AMERICA AND THE AMERICANS. 
 
 always acquit themselves with credit, and who have thus 
 brilliant opportunities of displaying their talent and legal 
 acumen, as weH as their eloquence and erudition. 
 
 Before the counsel for the people is permitted to examine 
 a witness, the counsel for the prisoner takes good care to 
 throw every obstacle in his way. The law of evidence, 
 perhaps the most logical in common law, is full of very 
 nice distinctions on this point. According to this law, two 
 things are to be considered in a witness, his competence 
 and credibility. His fitness may be judged by the court, 
 previous to his examination before the jury, whose minds 
 might be biased by his depositions, even though they be^not 
 leo-al. If, therefore, he be ignorant of the nature of an 
 oath, if he be related to the prisoner by marriage, or if he 
 have any pecuniary interest at stake, however small it be, 
 in the issue of the cause, he is incompetent. 
 
 As to the credibility of a witness, that rests entirely 
 with the jury for decision. They place what reliance they 
 please on his testimony. Besides this, there are many ques- 
 tions which cannot be put, for a witness can only depose 
 to what he has seen or heard relative to the matter. He 
 can express no opinion. He cannot give hearsay evidence. 
 Nor can he be compelled to say any thing which might 
 compromise his honor or interest. Thus the introduction 
 of each new witness, and each question put to him, not 
 unfrequently gives rise to much argument, in which the 
 court alone decides, independent of the jury. 
 
 If one of the parties deems himself aggrieved by the de- 
 cision of the court, he may set it down in writing, which 
 the judge must sign : this is called filing a bill of exceptions 
 to the decision of the judges, which, however, does not 
 affect the decision of the cause, further than its becoming 
 a question of right to be carried before a superior courts 
 and a means of arrest of judgment. 
 
 After the State advocate has closed his address and ex- 
 amination of witnesses, the counsel for the prisoner brings 
 
AMERICA AND THE AMERICAN». 147 
 
 forward his witnesses for the defense, and examines them 
 in order to rebut the evidence of the opposite party. The 
 examination of witnesses frequently lasts for several days, 
 during which period the jury are not allowed to separate, 
 nor speak of the case at issue, nor even listen to any sub- 
 ject matter connected with it. The accused as well as the 
 State, have the right to compel witnesses to appear and 
 give evidence. This is done by means of a writ or subpena. 
 This is an order from the court to the witness, to hold 
 himself in readiness to attend and testify to what he knows 
 in the matter, under penalty and imprisonment. 
 
 The examination of witnesses being closed, the counsel 
 for the defense recapitulates the contradictory evidence, 
 and makes every effort in support thereof In general, the 
 accused party engages several advocates. They address 
 the court in succession, the juniors beginning, and the more 
 practical and experienced closing up. After this, the 
 advocate of the people replies. To which they may again 
 respond ; but in criminal matters, it is always the counsel 
 for the accusation, and in civil matters, the plaintiff, who 
 has the last words. The argument closed, the judge makes 
 a recapitulation of the whole to the jury ; explains the law 
 connected with the case, and without prejudicing their 
 opinion on the facts, points out those most applicable to 
 the law of the case. This is called the judge's charge to 
 the jury : upon which charge, the parties may take oat a 
 bill of exceptions as to the legal opinion therein given. 
 
 The decisive moment now arrives, when the heart of 
 the prisoner palpitates with the most intense emotion : for 
 in all criminal cases it is necessary that he should be pres- 
 ent. It is the moment when the jury retires to deliberate. 
 The jury in charge of the officer of the court, or one of his 
 subordinates, are conducted into a room, and there kept 
 under his surveillance, and furnished with a table, pen and 
 ink, paper, and a jug of water. When once a jury is thus 
 closeted, nobody can have access to them, nor are they 
 
148 AMERICA AND THE AMERICANS. 
 
 allowed to quit until they shall have made up their minds 
 to a verdict unanimously. According to the common 
 law, they remained locked up until they agreed ; but in 
 case of a juryman dying of hunger, thirst, fatigue or other- 
 wise, or making his escape, the cause could not be decided 
 by the remaining eleven, but was sent back before another 
 jury. 
 
 Hence has arisen the modern practice, of allowing a jury 
 to retire, in cases wherein all could not agree. This, 
 however, is never considered necessary, before a jury shall 
 have been shut up for less than twenty-four hours, and 
 often more ; for, so long as the judge has reason to hope 
 they will agree, it is his duty to keep them locked up. 
 When, however, he is convinced of the impossibility of 
 their agreeing, the jury list is called over, and after having 
 withdrawn a member, the proceedings in the case are con- 
 sidered as invalid ; and at the next term, or directly, if the 
 parties consent, the case is re-argued and its merits investi- 
 gated before another jury. This, however, rarely hap- 
 pens. In general, after a certain time, the jury returns its 
 verdict verum dictum ; if they acquit him, the prisoner is 
 immediately released. But even if he be brought in guilty, 
 he has yet many means of escaping. 
 
 The counsel for the prisoner may make a motion of ap- 
 peal before a new jury, or a motion for a new trial, in all 
 cases where a want of competence has been discovered in 
 a juror, or if one of the witnesses for the accusation has 
 been known to have perjured himself, or been suborned 
 since taking his deposition, or if through some accident or 
 ignorance the accused has been prevented from availing 
 himself of some important evidence ; in all these cases the 
 judge is invested with discretionary power, either to grant 
 or refuse a new trial. If he grant it, all which has been 
 done is annulled, and the case must be gone into anew. 
 
 The accused party may also put in a motion in arrest of 
 judgment. It is based on the irregularity of forms or bills 
 
AMERICA AND THK AMERICANS. 149 
 
 of exception^ which must go before a superior court. The 
 appeal courts in these cases decide only on the law of the 
 case. If they dissent from the inferior court, the affair 
 goes before another jury in the form of a new trial, but be- 
 fore the same judge, who is bound to conform to the de- 
 cision of the court of appeal on the point in dispute. 
 
 It is most important to observe that all these means are 
 reserved for the defense, and in Avhich the advocate for 
 the people cannot interfere. If a prisoner is acquitted, all 
 proceedings are closed against him ; and he cannot be again 
 tried for the same crime. The law carries its clemency so 
 far, that in all capital cases, the life of the party accused can- 
 not be placed in jeopardy but once for the same affair. He is 
 looked upon as having already been accused of a capital 
 offense before a grand jury. If then a judge grant a new 
 trial, or a superior court reverses the decision of an inferior 
 one, the accused is immediately released by pleading 
 autrefois convict, for his life cannot be twice placed in 
 danger. It is on this humane provision of the law, that 
 the motion to quash the indictment is founded. The com- 
 mon law requires the greatest exactitude in an instrument 
 on which the life of a citizen depends ; hence, the most 
 trifling error is sufficient to quash it. Not only the counsel 
 for the accused, but all others acting as amicus curœ may 
 raise objections to effect the annulling of an indictment. 
 Previous to the prisoner's appearing before a jury, this 
 proceeding would be useless, as, since his life has not as 
 yet been placed in danger, another might be made out (as 
 is ih.e practice, even after a verdict, in cases not of a capital 
 nature), by which after all exertions have been made for 
 the defense, if an error of form, even insignificant in itself, 
 be found in the indictment, the prisoner is released. And 
 this is the law which they have been pleased to represent 
 in Europe as a law of blood ! It is impossible more fully 
 to protect the life and honor of citizens against arbitrary 
 power, than docs the common law of America, and I will 
 
150 AMERICA AND THE AMERICANS. 
 
 also add, that of England. The maxim of this law is, that 
 it is better to allow a hunded criminals to escape, than igno- 
 miniously to convict an innocent person. 
 
 If the jury have found the prisoner guilty, and there be 
 no error of form, neither in the proceedings nor in the in- 
 dictment^ the judge pronounces sentence ; and nothing can 
 save the criminal but the pardon of the President or Gov- 
 ernor, according to the court in which he is condemned. 
 Herein you perceive that criminal justice is very expedi- 
 tious ; if a man be arrested to-day, the grand jury being in 
 session, he may be tried to-morrow and condemned the day 
 after, while nothing will save him from being hung on the 
 following day, unless he solicit time for praying a remission 
 of the sentence. In general, however, the accused is al- 
 lowed the privilege of putting off the case until the follow- 
 ing term ; but this is only done at his own solicitation. If 
 through the fault of the advocate of the people, or by fortu- 
 itous circumstances (as, for instance, not being able to form 
 a jury), the case has not been tried during three successive 
 terms, the prisoner is discharged in full right. He may, 
 however, be again arrested on another indictment, for there 
 are no prescribed bounds to a prosecution by the people ; 
 and he cannot save himself by pleading autrefois convict^ 
 since he has not appeared before a jury. 
 
 The advocate of the people is invested with the power 
 of declaring a nolo prosequi, whenever he has reason to 
 believe that the prosecution cannot be sustained ; and it is 
 his duty to abandon it, in order to save useless expenses in 
 behalf of both the prisoner and the people. 
 
 In civil causes, justice is not so expeditious : two terms 
 at least are required to dispose of an action. The common 
 law, by a system of perfect analysis, has divided all civil 
 complaints into certain categories, and to each wrong has 
 provided a particular remedy. It therefore becomes strictly 
 necessary to follow the forms of action which it has es- 
 tablished for each category, and not to seek two hours 
 
AMERICA AND THE AMERICANS. 151 
 
 after, what may be required at noon, in applying for an 
 action or a writ which belongs to another. The Sibyl must 
 be consulted according to the rules of her temple, to which 
 she wall always afford a speedy and ready answer, and 
 with the utmost punctuality ; but if you make frivolous 
 applications, or she remain mute, or dismiss you from the 
 temple, throw you out of court, or in her own language, 
 nonsuit your action, you will have the expenses to pay, and 
 may begin another action on the same complaint, until you 
 shall have succeeded in your suit. 
 
 Actions are divided into personal, real, and mixed, ac- 
 cording to the nature of the case at issue. The first and 
 last are the only ones pursued ; the complicated forms of 
 the second having caused them to be abandoned in practice. 
 The first are very numerous — as the action of assumpsit 
 (the most common of all), when you apply for damages 
 and costs for the wrong done you in the non-fulfillment of 
 an engagement ; action for debt, when you apply for its 
 payment ; for detainer, when you reclaim the possession 
 of any thing which another party has unlawfully applied to 
 his own use ; trover, if instead of the thing itself, you de- 
 mand damages and cost for its conversion ; of trespass 
 quare clausum /regit, to be indemnified for all damage done 
 to your property by the defendant, hLs domestics or cattle ; 
 of trespass vi et armis, when the injury for which you de- 
 mand damages has been done to your person, or happens 
 ex delictu ; trespass on the case for all special damage sus- 
 tained, either in consequence of libel, calumny, seduc- 
 tion, &c. 
 
 Mixed actions are much less numerous ; and are the 
 only on3s now entered into, in order to decide questions 
 relative to the right of a real estate. The only actions of this 
 kind brought in the United States are those of ejectment, 
 to decide on the ownership of the real estate, and that of 
 trespass quare clausum frc(jil, which adjudicates on the 
 possession. 
 
152 AMERICA AND THE AMERICANS. 
 
 It is impossible to conceive a cause of complaint, for 
 which the common law has not provided a form of action ; it 
 is, however, necessary to be well acquainted with them, 
 and have a well regulated and experienced mind in order to 
 know how and when to apply them apropos. When, 
 therefore, an advocate has heard the complaint of his 
 client, when he perceives it thoroughly through the maze 
 with which the interested party has clothed it in his ex- 
 aggerated narration, when he has in fact divested it of all 
 irrelevant and useless jargon, and at last discovered the 
 cjist of the action, he prepares a memorandum containing 
 the names of the parties, the sum demanded, the nature of 
 the action, and the signature of the advocate of the plain- 
 tiff. This memorandum is sent to the clerk of the court 
 long enough before the commencement of the term, that 
 all delays required by law, and which vary in each State, 
 may be complied with. 
 
 Upon this memorandum^ the clerk prepares a writ of 
 capias ad respondendum. This is an order of the court 
 which enjoins the sheriff to summon the defendant to show 
 cause against the demand of the plaintiff, or to appear be- 
 fore the court on the first day of term, in order to answer 
 the complaint. It is in general by means of this writ, that 
 all personal actions commence ; in many cases, however, 
 where a fear exists lest the defendant shall withdraw his 
 person and property from the jurisdiction of the court, the 
 process begins by a writ of attachment : this is an order 
 given to the sheriff to seize on the property of the defend- 
 ant, and to hold it at the disposal of the court. This 4m/, 
 however, is never granted but on the plaintiiFs'oath, that 
 his demand is just, accompanied by an obligation or bond 
 of security, by which he engages to indemnify against all 
 expense which he might incur, in consequence of the at- 
 tachmenty should the application be rejected by the court. 
 The defendant, on his part, may always have a replevy ^ on 
 the seizure of his property, executed by the sheriff, on be- 
 
AMERICA AND THE AMERICANS. 153 
 
 coming security to him, and on presenting the same to him 
 at a moment's notice. The duty of the sheriff, as soon as 
 he shall have received these writs, is to execute them im- 
 mediately, and to return them to the clerk on the first day 
 of term, after having indorsed thereon the result of his pro- 
 ceedings. 
 
 Besides the memorandum, the plaintiff's advocate should 
 give the clerk his declaration before the first day of term. 
 This is a document drawn up according to the customary 
 prescribed forms, from which it is dangerous to depart, nar- 
 rating the causes on which the plaintiff bases his action. 
 The form of these declarations is of great variety, accord- 
 ing to the course adopted and the facts of the case : it is 
 never necessary to enter into the true details of the affair, 
 but merely to show, according to the prescribed rules, the 
 general facts which give the right of bringing the action. 
 It is only when the cause is pleaded viva voce, that the 
 particular details are entered into. The regulations, how- 
 ever, by which this matter is governed, are so nice that it 
 requires the greatest caution to avoid making a mistake, 
 the immediate consequence of which v/ould be a nonsuit or 
 dismissal from court. 
 
 The advocate for the defense, after having examined 
 this declaration, must reply thereto, either by pleading or 
 by demurring. A demurrer is a reply by which the de- 
 fendant admits the facts of the complaint, but denies that 
 these facts afford, according to law, any right in the plain- 
 tiff to support his action, either absolutely, or in the man- 
 ner in which he has entered it. A plea is a reply, by 
 which the plaintiff denies a part or all the facts stated in 
 the declaration. The plaintiff has the right to reply to 
 each of these two responses. The defendant may again do 
 so : all of which must be in writing and according to the 
 received forms of the court. At last, after having dis- 
 sected and examined the question, they arrive at a complete 
 contradiction : this is called the issue. These issues are of 
 7* 
 
154 AMERICA AND THE AMERICANS, 
 
 law or fact. If of law, they are judged by the court alone ; 
 but if they contain facts, the cause goes before a jury. 
 
 It is, therefore, not until the parties themselves have 
 come to an agreement upon a point of litigation in the af- 
 fair, that the court takes cognizance of it. The first term 
 is what is called an appearance^ when the judge merely 
 calls the cause to assure himself that the parties are in 
 court ; in the event of their not being so, they would be in 
 default, and the court would immediately give judgment 
 in the case. If the parties appear, they are then allowed 
 till the first day of the next term, to demur, plead, reply, 
 rejoin, &c. ; but it is necessary that by that day, they shall 
 have agreed upon the point at issue between them, and 
 that they shall have terminated all their pleading in writ- 
 ing. If the cause then rests on a contested fact, it is im- 
 mediately carried before a jury, precisely in the same man- 
 ner as I have described in criminal cases. In like manner, 
 the plaintiff's advocate begins with the exposition of his 
 cause and the examination of his witnesses. The counsel 
 for the defense produces his, and also replies ; the former 
 closes the case. The jury then retire, and are locked up 
 until they shall have prepared a unanimous verdict. The 
 same incidents after the verdict are renewed ; the same 
 means of appeal pursued, except that this right belongs 
 partially to both parties. It must be borne in mind, that in 
 all civil causes, as well as in all criminal, the examination 
 of witnesses takes place viva voce before the jury. The 
 predilection of the common law for this course of examin- 
 ing witnesses is such, that written testimony is only ad- 
 mitted in cases wherein it is supported by verbal evidence. 
 Before reading a note or letter to the jury, it must either 
 be admitted by the opposite party, or the signature thereof 
 proved by a witness. The seal of the United States alone, 
 and that of their courts, requires no proof. In like manner, 
 the laws and customs of foreign countries are proved by 
 the evidence of witnesses who are acquainted with them. 
 
AMERICA AND THE AMERICANS. 155 
 
 Immediately after judgment, the clerk gives to the sheriff 
 the necessary writ of execution, which is either a fieri 
 facias, venditioni expondas, or capias ad satisfaciendum, 
 according to the nature of the case. It is then the duty of 
 the sheriff to put the judgment in execution, in which, how- 
 ever, he must he guided, and always on his own responsi- 
 bilit}'-, by the plaintiff. These writs of execution may 
 however be suspended or annulled by other writs, either 
 from the same court, a superior court, or a court of equity, 
 by a writ of supersedeas for example, or an injunction to 
 stay proceedings. The legality or justice of these writs is 
 again argued upon, either before a court of appeal, or be- 
 fore the equity courts which granted them ; in such a man- 
 ner, however, that the superior courts are only subjected 
 to questions purely legal and altogether disengaged from 
 the trouble of inquiring into the facts. It is these decisions 
 which I have already observed, are entered on the records 
 of the courts, and form the common law. 
 
 In the courts of equity, the practice is altogether differ- 
 ent and resembles that of the canon law, to which the 
 courts owe their origin. There exists no form of action ; 
 all complaints, of whatever nature, are there brought up 
 by petition, to the chancellor, giving the fullest details of 
 the facts of the case without any established forms, and 
 on the oath of the petitioner who prays the defendant may 
 be compelled to reply on oath. If the chancellor deems 
 this complaint reasonable, he orders the defendant to reply 
 thereto, or authorizes the written testimony of witnesses, 
 by means of commissioners whom he appoints ad hoc, and 
 who are commanded to make a report thereon to him. 
 The parties may reply and give a rejoinder, propose or 
 call for fresh witnesses, until such time as they shall have 
 settled the point at issue between them, upon which the 
 chancellor, after having examined the papers, hears the 
 pleadings on both sides, in open court, and decides chereon. 
 It must be observed, however, that a court of equity can 
 
156 AMERICA AND THE AMERICANS. 
 
 never decide on a purely matter of fact question, until after 
 the admission of the parties themselves ; in all other cases, 
 the question must be sent before a law court, with orders 
 for its being decided by a jury, and its result communicated 
 to the superior coiu'c. 
 
 I have now endeavored as much as lay in my power to 
 explain to you the judicial system of the United States ; 
 particularly in its practical details, whi^h I believe are the 
 least known. I may have been somewhat prolix, and perhaps 
 tediously so ; but you will admit that the subject is by no 
 means a lively one, nor one, the paths of which are strewed 
 with flowers. Courts composed of a sole judge,* in which 
 all matters are confided to the decision of a single man, are 
 so different in their organization from those of Europe, 
 that I deemed it necessary to make you acquainted with 
 them, and to examine them both in a moral and political 
 point of view. Before concluding this, I must candidly 
 confess that writing as I have done, without books of 
 reference or authority, and solely dependent on memory, 
 you must exercise a discretional opinion and belief 
 thereon. I, however, am not aware of having committed 
 any errors of importance. 
 
 * In the British colony of Dominica (West Indies), a sole judg- 
 ship lias lately been established, not, however, without much op- 
 position. 
 
CHAPTER Vil. 
 THE ARMY. 
 
 Triumphal Visit of Lafayette— Reviewing 1,100,000 Men— Regu- 
 lar Army, its Strength, how Distributed — Secretary of War — 
 Pensions — General Jackson — Recruiting — West Point — The For- 
 tifications on General Bernard's Plan — The Militia, when called 
 out — Election of Officers — Battle of Baltimore — Courage of the 
 Americans — Mounted Riflemen — Murat in Campaign with them 
 — Cause of the War — Horrid Murder of a White Family by the 
 Indians — Volunteer or Independent Companies — Honorable Ar- 
 tillery Company of Boston — Amateur Military Promenades, 
 Fetes, &c.— Defenses of America. 
 
 Brussels. 
 When Lafaette came to America in 1825, to pay us his 
 triumphal visit, he was everywhere received with de- 
 monstrations of enthusiasm as the guest of the nation. 
 What miracles did he not see ! He might compare the 
 state of the country as he had left it fifty years previous 
 with what it then was, and attribute the difference entirely to 
 the republican institutions by which we are governed. 
 He saw the country as nobody had ever beheld it before, 
 or seen it since that remarkable epoch in our history. All 
 had an appearance of festivity ; the houses in the towns 
 were repainted at his approach, and the roads repaired. All 
 took an air of youth and unaccustomed freshness and gayety ; 
 the magistrates advanced to meet him, the people received 
 him with unbounded enthusiasm and devotion ; and he 
 M^as looked upon and pointed out as a model to the schools 
 and students on his passage. In many of the towns, he 
 met deputations composed of dozens of the most beautiful 
 young ladies of which the place could boast, to embrace 
 him on the frontiers, and welcome him in the name of the 
 sex. He was solicited to hold in his arms, at the baptis- 
 mal fonts, all the infants bom during his route, to listen on 
 
158 AMERICA AND THÉ AMERICANS. 
 
 Sundays to as many different sermons as there were 
 churches of various persuasions, to partake of as many 
 breakfasts and dinners, daily, as it suited the pleasure of 
 the various societies and corporations to invite him to, to 
 drink glasses of w^ine almost ad nauseam, and give as many 
 extempore speeches as there were orators to address him, 
 who w ere by no means few. 
 
 But of all which he beheld, what struck him with the 
 greatest astonishment, was, that in a country the most 
 peaceable on earth, he passed in review more than 1,000,- 
 000 men completely armed and equipped ! Indeed, every- 
 where throughout his progress, and even from a distance 
 of some hundreds of miles to the right and left, the militia 
 were called out and advanced to meet him, presenting 
 altogether a most formidable appearance. He knew the 
 governors of the States but in regimentals. Among this 
 heterogeneous military array were merchants, lawyers and 
 planters, transformed into colonels and generals. In this 
 amalgamation he beheld a national guard in all the pomp 
 and circumstance of national pride, earned to the highest 
 degree of perfection ; for all this immense armed array of 
 legions was but the militia or national ^uard of America Î 
 
 In time of peace, the regular army is by no means numer- 
 ous : at the time of the ancient federation, it was composed 
 of contingents supplied and fully equipped by the States, 
 but under the present Constitution, the States may not 
 maintain troops under arms in time of peace. The army is 
 essentially Federal, and entirely at the command of the 
 President and Congress. Its organization has undergone 
 much alteration within several years ; it was reduced to 
 less than 3000 men, under the Presidency of John Adams, 
 and was afterwards carried to 100,000 during the period of 
 the war. In 1832, it was composed of about 6000 men,* 
 
 * General Scott was appointed commander-in-chief (June 25th, 
 1841), with the rank of major-general, and has now been again ap- 
 pointed to the important post by General Taylor, the President of 
 
AMERICA AND THE AMERICANS. 159 
 
 divided into four regiments of artillery, seven regiments of 
 infantry, commanded by two brigadier-generals or generals 
 of brigade, and a oreneral-in-chief holdins: the rank of 
 major-general or general of division. 
 
 The organization of regiments, the manceuvers and 
 exercises are entirely after the French system, although 
 the commands are given in English. The soldiers are 
 well dressed and fed, and in other respects well provided 
 for in the barracks. The army occupies a line of posts for 
 some thousands of miles in extent, along the frontiers of 
 the Union. The artillery occupies posts on the Atlantic 
 coast ; the infantry, those of the Gulf of Mexico and the 
 frontiers of Missouri and Arkansas. On this frontier, a 
 small post of about fifty men is pushed some hundred miles 
 beyond all traces of civilization, where they are obliged to 
 establish and maintain themselves airainst the hostile in- 
 cursions of the Indians.* 
 
 the United Sates, also a major-general, &c. There are now four 
 brigadier-generals, three of whom, Generals Gaines, Wool and 
 Twiggs, are major-generals by brevet. 
 
 In Nov., 1844:, there were but eight regiments of infantry. In 
 Nov., 1847, there were sixteen regiments of infantry, a regiment of 
 voltigeurs and four regiments of dragoons, independent of engi- 
 neers, artillery, &c. 
 
 The regular army in Mexico, Dec. 31, 1847, amounted in the 
 aggregate, including the marines, to 21,202 men. April 5, 1848, 
 including those in the United States, it amounted to 25,446. The 
 third and fourth dragoons, ninth to sixteenth infantry, including 
 the voltigeurs, have since been disbanded ; while the present 
 condition of the army may be thus enumerated : two regiments of 
 dragoons, one of mounted riflemen, four of artillery and eight of 
 infantry, exclusive of the corps of engineers, topographical engi- 
 neers and the ordnance department. — Trans. 
 
 • At present the Indians are committing great ravages, and in 
 many parts destroying towns and villages. There are two divisions of 
 military posts— western and eastern — each divided into four de- 
 partments. Many alterations have been or will require to be made 
 in relation to these military positions, in consequence of the late 
 conquests and annexation of California and Now Mexico. — Trans. 
 
160 AMERICA AND THE AMERICANS. 
 
 The administration of the war department is confided to 
 a minister, viz : the Secretary of War,* who is independ- 
 ent of the army, for with us the monopoly of place is not 
 allowed, and we recognize no officers save those in absolute 
 active service. The United States grant pensions only to 
 those who are compelled to quit the service from severe 
 wounds, or to the widows and orphans of those killed in 
 battle, I The army is organized after statute law, and is 
 composed of a general of division, two generals of brigade, 
 a colonel as chef d'etat major, &c., &c. ; and this number 
 cannot be increased beyond what the law allows (and 
 which has since been done). Those belonging to the ser- 
 
 * He is allowed $'6000 a year. 
 
 t The Commissioner of the military pension office receives !j^2,500 
 a year ; he has thirteen clerks at from $800 to $1600 a year. 
 Clerks and contingencies in 1846-7, $2,075,323. 
 
 The estimate for pensions for 1846-7, was $2,507,100, the appro- 
 priations $2,075,323. 
 Payments made in the year ending June 30th, 1847. 
 
 Invalid Pensions $246,246 
 
 Widows and Orphans, Act of 1836 . . . 322,105 
 Revolutionary, Act of 1818 .... 102,132 
 " 1832 .... 292,978 
 Five years to Widows, Act of 1838 . . . 222,526 
 Revolutionary, Act of 1843 .... 42,302 
 
 Pensions, Act of 1844 444,424 
 
 Unclaimed, 1838, &c 27,621 
 
 Claims, two Acts 48,303 
 
 The military pension appropriations leave about $650,080 over. 
 The Blue Book gives every clerk, messenger and interpreter's 
 name, but the details of these pensions are no where to be found. 
 Not a midshipman, carpenter, gunner or sailmaker in the Navy 
 dies, but the facts are chronicled minutely in the Blue Book al- 
 luded to. 
 
 Mr. Secretary Marcy says : The number of pensioners of all 
 clases on the rolls of the pension-office, is 23,019. The number 
 paid during the half year ending July 1st, 1848, was only 15,092. 
 The reduction of pensioners from death during last year is esti- 
 mated to be at least ten per cent. There are forty-two pension 
 agents who charge $2 on every $100 they pay out, and this, in 
 1846-7, afforded them incomes ranging from $200 up to perhaps 
 $2,500— average under $900.— Trans. 
 
AMERICA AND THE AMERICANS. 161 
 
 vice are incapable of being elected or appointed to any 
 post so long as they remain in the army. All officers are 
 appointed by the President, loith the advice and consent of 
 the Senate : and he has the constitutional power of dismis- 
 sing them, although it has seldom or never been resorted 
 to. In general, promotion takes place in time of peace 
 according to length of service. In the event of a war, 
 Congress w^ould pass a law in order to increase the army, 
 and fix its organization. The President then makes all the 
 necessary appointments, in such manner as he may think 
 fit, either in making a selection from officers who had 
 served in the previous war, or in promoting officers in ac- 
 tive service, or in giving commissions to militia officers, in 
 the regular army, or those who may have distinguished 
 themselves by their patriotism, and appointing them to the 
 organization of the new levies. The war being over, 
 Congress passes a law to reduce the army, and fix its 
 maximum ; when the reduction in all ranks takes place, 
 without any pension or privilege whatever, to those who 
 either tender their resio-nation or are cashiered. Since the 
 
 o 
 
 w^ars w^hich have occurred, however. Congress has awarded 
 public lands to officers and soldiers thus discharged, which 
 measure will doubtless be renewed in the event of future 
 w^ars,* and dismemberment of corps. When an officer ten- 
 ders his resignation, he from that moment ceases to form any 
 part of the army and becomes a mere pequin. The only 
 memento he retains is his title, and that from courtesy. 
 Thus for example, Andrew Jackson, the President, was 
 generally called by the title of General, but only for a cer- 
 tain jjeriod ; he had no salary as such, nor was he retained 
 on the muster roll of the army. In his quality of presi- 
 dent, however, he was virtually commander-in-chief of 
 the forces, by land and sea. 
 
 The army is recruited by voluntary enlistment ; so that 
 
 * This idea has been borne out since the late war and conquest 
 of Califoriiia an(i N§w Mexico. 
 
162 AMERICA AND THE AMERICANS. 
 
 in time of peace it is but indifferently composed ; for where 
 is the citizen of the United States, who cannot with facil- 
 ity gain more than the pay of a private soldier ? Besides, 
 the love of liberty, and hatred of all restraint, but ill dis- 
 poses the people to enlist. It must be taken into consid- 
 eration, that the authoritative position of the officers towards 
 the privates, in some cases approaching to a degree of 
 tyranny, tends not a little to give the people a dislike to 
 military service. This conduct is a consequence of the 
 kind of men who engage themselves, and also effects a 
 reaction in all those who would otherwise engage, while 
 the really effective and good keep themselves aloof. In 
 time of war, the case is different, the ranks are immediately 
 filled up with volunteers, who enlist with the laudable and 
 honorable motive of serving their country, go through a 
 campaign and partake of its glory and dangers. The officers 
 in this case soon discover that they have other and better 
 materials to work with, and begin to change their system of 
 discipline. 
 
 The army in its actual state can only be viewed in the 
 light of a focus or nursery of one more considerable in its 
 character and development, and destined as it were to pre- 
 serve the tradition of the military customs and regulations. 
 The officers composing it are in general good, and would, 
 in the event of a war, be immediately promoted to superior 
 rank, and distributed among the newly raised regiments ; 
 in which case what would be required most, would be 
 good non-commissioned officers, who form the true effective 
 basis of all good armies. 
 
 The maxim of the United States is to be prepared for 
 war in time of peace. Hence, nothing is neglected towards 
 the accomplishment of this wise maxim. A school on the 
 plan of the Polytechnic School of Paris is established at 
 West Point, a spot not far from New York, and command- 
 ing a magnificent view of that noble river, the Hudson, and 
 surrounding country. Here, several hundred young gen* 
 
AMERICA AND THE AMERICANS. 163 
 
 tlemen receive an education altogether of a military- 
 character.* 
 
 On quitting the college, they have the option of 
 either entering the army as officers, or selecting some 
 profession : which latter the greater part do ; at the first 
 signal of danger, however, they would be ready to join 
 their standard, and become excellent officers. Many pri- 
 vate colleges have adopted the system of education at West 
 Point, and now a great many young gentlemen undergo a 
 general military education. While the manœuvers and 
 musket drills will be as universally known to the future 
 generations, as the catechism to the present. "j* 
 
 Besides these objects and useful studies which partake 
 more of a personal character, the United States have 
 established numerous mihtary arsenals, in which arms and 
 artillery are manufactured and preserved. The fabrication 
 of arms and gunpowder is, however, as well as every 
 other article of industry, entirely independent in the United 
 States. If I mistake not, government has no foundry for 
 iron pieces, but they are purchased ready made from 
 private manufactories. 
 
 The last war having demonstrated that the then existing 
 fortifications did not answer the desired end for which they 
 were constituted. Congress adopted a system of fortifica- 
 
 * There are ten professors or teachers. Cadets of the first class, 
 forty-two; of the second, forty-six ; of the third, eighty ; of the 
 fourth, seventy-nine : Natives of United States, 245 ; Turkey, 1 ; 
 Italy, 1. The pay of cadets in artillery and infantry, $24 per 
 month. Congress \bted $143,472 to uphold the Academy for 1848- 
 9, viz : pay of officers, teachers, cadets and musicians $79,7G4 ; 
 barracks for cadets, contingencies &c., $30,155, being about $550 
 per annum for instructing each of the 247 military scholars. In 
 1846-7, the pay of officers, cadets, &c. at West Paint, was $81,740; 
 their subsistence, forage, &c. $8,043 ; expenses, barracks, visitors, 
 $41,971. Barracks for the cadets are in progress at a cost of $186,- 
 000, exclusive of outbuildings. — Trans. 
 
 t Wore Colonel Murat now living, he would find his ideas upon 
 this subject amply verified to the letter. 
 
164 AMERICA AND THE AMERICANS. 
 
 tion of a most extensive and formidable character, and 
 altogether upon new principles, and which system is still 
 being followed up with activity. The project is due to 
 the distinguished General Bernard. No officer probably 
 ever undertook such gigantic means of defense ; and they 
 will, undoubtedly, immortalize the General. 
 
 The real force of the United States does not consist so 
 much in the regular army, as in the militia. Each citizen 
 must serve until a certain age, which differs in the different 
 States ; for if the army belongs to the Federal government, 
 the militia is entirely under the control of the States. The 
 chaplains, schoolmasters, doctors, and other such profes- 
 sional men are exempt. Quakers and such religious sects 
 who, from conscientious scruples, refuse to fight, must 
 either pay all the regular fines, or march. All persons em- 
 ployed in the service of the United States are exempt, as 
 also the magistrates in time of peace. 
 
 Everywhere, the governor of the State is commander- 
 in-chief of the militia. . It is for him to call them out, either 
 on demand from the President in case of a general war, 
 or at his own pleasure, should he deem it necessary, or 
 that the emergency of the State required it. 
 
 The ofiicers are elected by the privates, with the ex- 
 ception of the generals, who are usually appointed by the 
 legislature or the governor. The militia is organized and dis- 
 ciplined in the same manner as the army ; and from the 
 moment it is called into active service, it is paid in the same 
 manner as the other corps of the Union. The law fixes a cer- 
 tain day for their assembling to manœuver ; and the colonel 
 or captain has the power of calling them out oftener, either 
 for exercise or the election of an officer. These meetings 
 partake more or less of military fetes. 
 
 It is necessary to view the militia of the new countries 
 in a somewhat different light from those in parts of the 
 Union which have been for a long period inhabited, above 
 all, the great towns of the North-east, There, they are 
 
AMERICA AND THE AMERICANS. 165 
 
 composed of artisans and workmen, shop and apothecary 
 boys, commanded by their burgesses, all little acquainted 
 with the use of fire-arms, or the custom of camps. In 
 general, they manœuver tolerably well, particularly in 
 evolutions of a theatrical character, which, however, go for 
 nothing, though they take their fancy ; but if a shower of 
 rain should fall in the midst of a parade, they would all 
 march off, and however well disposed they may be, 
 they could not support the hardships and privations of a 
 campaign.* 
 
 You will, perhaps, tell me that the battle of Baltimore 
 was won by this kind of militia. True, but it was at the 
 gates of the city. The American is brave and particu- 
 larly remarkable for a rational and reflective courage, and 
 they are the strong characteristic points of defense in 
 which it is dangerous to attack him. But at the 
 battle of Baltimore, the citizen soldiers quitted their homes, 
 having breakfasted and shaved ; but if, instead of this, they 
 had bivouacked in the mud, only for a **' ek, they would 
 have been completely knocked up before meeting the 
 enemy. Hence, the great advantage which the coun- 
 try militia possesses over that of the cities ; the men 
 composing them being accustomed to be exposed to all the 
 vicisitudes of temperature and weather. All are fond of 
 sporting, and are famiharized to the use of the gun. It is 
 true, they are not so well equipped, nor do they manœuver 
 so well, and are a httle more turbulent. But all this does 
 not prevent their being of more real service before the 
 enemy. 
 
 But it is the militia of the West and South, that a 
 stranger should see. A regiment of mounted rijlemen, 
 which is composed of men inured to all the fatigues and 
 privations of an almost wild primitive existence, each 
 
 * Had Colonel Murat lived to witness the late campaign of Mexi- 
 co, it is to be hoped he would have come to more favorable and 
 commendable conclusions. — Trans. 
 
166 AMERICA AND THE AMERICANS. 
 
 mounted on his own horse, famihar to him, armed with his 
 trusty carabine, to which in moments of emergency he has 
 been not unfrequently indebted for an excellent repast. 
 These hardy horsemen think nothing of fatigue, in fact, 
 laugh at it ; while to them a campaign seems an agreea- 
 ble party of pleasure. They have a thorough knowledge 
 of the intricacies of the woods, can find their way by 
 means of the sun, and observing the bark of the trees, fol- 
 lowing the track of an enemy or a stag with incredible sa- 
 gacity, assisted by their dogs — for each man possesses his 
 favorite. They have no regular uniform ; each arrives at 
 his post just as he happens to be drest, made up entirely by 
 his wife from the cotton which he himself has planted. A 
 hat made of plaited palm-leaves shades his face, bronzed 
 by the sun or may-be the fumes of his pipe. An otter-skin, 
 artistically folded and sewed, contains his ammunition, his 
 necessaries for kindling a fire, together with his little sup- 
 ply of tobacco. A wallet attached to his saddle bow con- 
 tains the provisions both for himself and horse. The ani- 
 mal is not less hardy than his master. A few handfuls of 
 Indian corn a day are sufficient for him ; but towards even- 
 ing, on arriving in camp, he is unsaddled, the bridle taken 
 off, and two of his legs being attached together he is set 
 loose in the wood,* where the abundant grass soon affords 
 him an ample and cheap supper. Amid such an hetero- 
 geneous mass, not much discipline can be expected. They 
 have no regular manœuvers. Each fights on his own ac- 
 count, and as if by instinct. It is a hunting excursion on 
 a grand scale. They are, however, the troops who most 
 distinguished themselves during the last Avar, and who 
 claimed the honor of having driven back the English at the 
 
 * This is precisely the custom which I observed in the Bedouin 
 Arabs of the Lybian desert -while traveling through Egypt. It 
 is, however, a question -whether this kind of restraint does not, 
 more or less, affect the nervous and muscular strength of the ani- 
 mal's legs. — Trans. 
 
AMERICA AND THE AMERICANS. 167 
 
 battle of New Orleans. I have myself made a campaign 
 with such a troop, amounting to 300 men. They were 
 commanded by a general of brigade. I set out as his aid- 
 de-camp, myself forming his whole staff. I returned 
 colonel of a regiment ; and few periods of my life have 
 afforded me such agreeable reminiscences. Never shall I 
 forget our fording the passage of the Withlicootchie, at 
 midnight, by the light of the moon, with our signal fires 
 blazing, and by the stronger, but much more distant glare, 
 emanating from the forests which the Indians had fired 
 during their retreat. That grand river, in all the majesty 
 of virgin nature, ran between two banks of perpendicular 
 rocks, nearly sixty feet in bight ; and a narrow steep foot- 
 path led on either side to the ford. The moon was beau- 
 tifully reflected in the silvery waves, while their bright 
 and almost phosphoric appearance was only interrupted by 
 the long dark line formed by our little army marching in 
 single file. In this mode of life we remained for a period 
 of about six weeks, on horseback the whole day, and at 
 night encamped in the woods. We only fell in with the 
 Indians three or four times, but we could discover traces 
 of them everywhere in our path, and it was by no means 
 difficult to perceive that we were continually surrounded 
 by them. One night they attacked us in camp and lost 
 two of their men. On another occasion, in open day, they 
 disputed the passage of a ford with us, losing three more 
 men ; afterwards seven were taken on a little island at the 
 mouth of a river, were" tried, but acquitted by the jury. 
 The sole cause of this war was the murder of a white 
 family by the Indians, in my own neighborhood, accom- 
 panied with circumstances of the most barbarous and un- 
 heard-of atrocity. Six white children from the age of two to 
 twelve years, were by them burnt alive, while the father 
 was murdered. It was in order to arrest these murderers 
 and compel the other Indians to retire within their terri- 
 tory, and in fact insure the tranquility and peace of our 
 
168 AMERICA AND THE AMERICANS. 
 
 families, and save them from a probable general massacre, 
 that we took up arms, and in which we completely suc- 
 ceeded. 
 
 This kind of half-civilized militia which I have just de- 
 scribed is only met with on the frontiers of civilization. 
 They would probably form the first troops in the world, if 
 well disciplined and exercised ; this, however, could only 
 be accomplished after they had been for some months un- 
 der regimental colors. We may, therefore, always con- 
 clude, that in open campaign and during the first year of a 
 war, these militia would always be beat by regular troops ; 
 the case would, however, be far different in the second, 
 and even from the commencement of the first in forests 
 without roads, magazines, or resources of any kind. 
 
 There exists in the United States another kind of militia, 
 ever ready to enter into campaign ; whose equipment, 
 arms and exercises leave nothing to desire, and who are 
 commanded by experienced officers who served in the 
 regular army during the last war. These are the volun- 
 teer or independent companies. All those who are united 
 by professional ties, or common origin, unite together to form 
 these companies. The act of association, duly drawn up 
 and approved of by the colonel of the regiment to which 
 they are attached, regulates their armament, uniform, the 
 mode of electing officers, that of admission for the privates, 
 retirement, &c. These companies often possess large 
 property, while the conditions of admission thereto are not 
 unfrequently difficult. The Honorable Artillery Company 
 of Boston^ for example, owns a small arsenal with a very 
 handsome armory of its own ; and, if I mistake not, it re- 
 quires a hundred louis for admission to the corps. These 
 companies, as regards their discipline and internal economy, 
 are altogether independent of the officers of the regular 
 militia ; but they are, however, subject to their command 
 when called into active service, though generally they are 
 employed in detached service. Their uniform is entirely 
 
AMERICA AND THE AMERICANS. 169 
 
 left to their own choice, so that there is not a town of any 
 importance without its several companies of riflemen, in 
 the costume of Scotch Highlanders, which has been much 
 in vogue ever since the production of Sir Walter Scott's 
 Romances. The merchants, on their part, form themselves 
 into companies, the uniform of which consists of white 
 pantaloons, blue frock-coat, round hat and red morocco 
 boujfleter e. The French, or their descendants, unite to- 
 gether in a similar manner, being commanded in their own 
 language, and adopting the uniforms of some of their old 
 guards-de-corps, or those of the French National Guard. 
 Everywhere there are also Irish and German companies.* 
 
 All this strange variety of militar}^ costumes produces a 
 very singular effect ; it, however, excites emulation in no 
 small degree, while these volunteer companies may be 
 looked upon everywhere as corps (VeJUe. 
 
 Besides the manœuvers common to the militia where 
 they are obliged to be present, they meet to attend target 
 practice whenever it pleases the captain to call them 
 out for that purpose. Once or twice a year, some volun- 
 teer companies of a town pay a visit to other neighboring 
 cities, in all their regular military equipment. The funds 
 requisite for these expeditions are subscribed by the mem- 
 bers of the corps and paid over to the quartermaster, who 
 goes on in advance and makes all the necessary ar- 
 rangements for their accommodation, in accordance with 
 the regulations. All the volunteer companies of the town 
 or city to which they proceed go out to meet them, and 
 invite them to dinner. They manœuver together, become 
 acquainted, dance, and reciprocal invitations and promises 
 of visits are exchanged ; from which cordial and happy 
 reciprocity of feeling arises one of the most powerful 
 means of contributing to attach and hind the patriotic popu- 
 lation of the United States in one harmonious whole. 
 
 * In New York there is a company in the uniform of the English 
 Guards. — Trans. 
 
 8 
 
170 AMERICA AND THE AMERICANS. 
 
 All these movements of troops take place without any 
 interference of the government whatever, and which, per- 
 haps, knows nothing about it. Occasionally one of the 
 hel-plumes of the company will open his casement, and 
 observing the fineness of the weather, and having nothing 
 particular to do, he trips off to the captain and proposes a 
 military promenade ; the idea takes the captain's fancy, the 
 drummers are sent for, the générale is beaten, and the com- 
 pany assembles. Although, in fact, the captain commands, 
 yet he cannot notwithstanding take so important a measure 
 upon himself without the consent of all the company ; 
 hence, as soon as it is assembled, the discussion begins. 
 The majority of voices decides on what is to be done, to 
 which the minority must submit or pay a fine, and as soon 
 as the resolution is taken, the captain puts it in execu- 
 tion with an air of authority not unlike that of a despot 
 in miniature. In the midst of the most profound peace, in 
 a state of political tranquility which admits not even the 
 suspicion of a disturbance, the stranger is not without 
 alarm at suddenly hearing the générale iDeatea on all sides 
 of him. In going out he meets nothing but armed soldiers 
 hastening to join their colors, companies already formed 
 are marching in all directions ; he almost deems it a dream, 
 havino- seen not even a soldier on the previous evening, and 
 cannot account for their presence save on the supposition, 
 that the town may have been taken by assault daring the 
 nio-ht. He is, however, not long in suspense, as the air of 
 indifference and security Avith which the peaceful citizen 
 looks on this military pomp passing before him speedily 
 re-assures him. And, curious enough, nobody can give 
 him a correct answer as to the nature or object of this 
 movement. 
 
 In the large towns, such as New York and Philadelphia, 
 these volunteers amount to about 10 or 12,000 each.* 
 
 ♦ Vide, p. 177. 
 
AMERICA AND THE AMERICANS. 171 
 
 They are alwa^'s ready to inarch at a moment's notice, per- 
 fectly well armed, equij)ped and exercised, and render im- 
 portant services in time of war : their great defect is, in the 
 difficulty of inducing them to abandon the immediate de- 
 fense of their homes, for being almost all of them young 
 men of family and property, they have too immediate an 
 interest in the town of their birth to like to wander else- 
 where. This, however, if we take into consideration the 
 particular position of the United States, is not of great Im- 
 portance. There exists but one frontier to defend, that of 
 the coast of the Atlantic. All the points of debarkation 
 are commanded by forts defended by the regular army ; in 
 second line, are the large towns defended by volunteer 
 companies and the regular militia ; then lastly, the heart of 
 the country is defended by its militia or levée en niasse. 
 
 There would be, therefore, no necessity to call to- 
 gether the militia of the large towns, until after the former 
 had fallen into the hands of the enemy ; and even then, 
 there would not be the slightest difficulty in its accomplish- 
 ment. 
 
 aîiiitinnal Unte tn ll\^\^ï énn% 
 
 As an interesting and important appendage to this work, I 
 have devoted much attention to the nature of the offensive and 
 defensive position of the United States. Hence I have been in- 
 duced to present to the notice of the European reader especially, 
 the statistical position of America as regards her army and navy, 
 drawn from authentic sources, viz., the Archives of the Naval 
 and Military Departments, We have alread}^ given America her 
 due as regards her bravery on the ocean, and let us now with- 
 out vain flattery award her the meed of praise for her successful 
 conquest of Mexico, which ranks General Taylor, now the 
 honored President of the republic, with a Napier in chivalrous 
 bravery, — and General Scott with a Wellesley, in their battle-fields 
 of Assay and Mexico. — Trans. 
 
172 
 
 AMERICA AND THE AMERICANS. 
 
 Table or Pay, Subsistence, Forage, etc., of Army Officers 
 
 Rank and Classification of Oificers. 
 
 iVIajor General > 
 
 Aid-de-camp, besides pay of Lieut. 
 
 Brigadier-General 
 
 Aid-de-camp, besides pay of Lieut 
 
 Adjutant-General, — Colonel 
 
 Assistant Adj. -Gen.. — Lieut. -Col.. . 
 
 Assistant Adj. -General. — Major 
 
 Assistant Adj. -General,— Captain.. . 
 
 Inspector-General, Colonel 
 
 Quartermaster-Gen.. — Brig. -Gen. . . 
 Assist. Quartermaster-Gen.. — Col. . . 
 Deputy Quar.-Gen.. — Lieut. Col... 
 
 Quartermaster, — .Major 
 
 Assist. Quartermaster. — Captain.. . 
 Comm'y-Gen. of Subsistence, — Col. 
 Ass. Commissary-Gen., — Lieut.Col 
 Commissary of Subsistence. — Major 
 Commissary of Subsistence,— Capt. 
 Ass. Comm'y, besides pay of Lieut. 
 Paymaster-Gen.. $2,500 per annum . 
 
 Deputy Paymaster-General 
 
 Paymaster 
 
 Surgeon-General, $2,600 per annum 
 
 Surgeons of 10 years' service 
 
 Surgeons of less than 10 years" serv. 
 Ass. Surgeons of 10 j-ears' service 
 Ass. Surgeons of ô years' service.. 
 Ass Surg, of less than 5 yrs. serv.. 
 Engineers, — Topog. Engineers, — 
 Ordnance Department. 
 
 Colonel 
 
 Lieutenant-Colonel 
 
 Major 
 
 Captain 
 
 First Lieutenant 
 
 Second Lieutenant ;.. 
 
 Mounted Dragoons & Rifle.men 
 
 Colonel 
 
 Lieutenant-Colonel 
 
 Major 
 
 Captain 
 
 First Lieutenant 
 
 Second Lieutenant 
 
 Adjutant, besides pay of Lieut. .... 
 Artillery, — Infantry. 
 
 Colonel , 
 
 Lieutenant-Colonel , 
 
 Major , 
 
 Captain ; .^ 
 
 First Lieutenant T. 
 
 Second Lieutenant 
 
 Adj.8t.Reg.Q'm'r, bes.pay of Lieut 
 
 
 Su 
 
 BSIS-I 
 
 Pay. 
 
 tence. 
 
 20cts. 
 
 
 each 
 
 
 ration. 
 
 
 
 R 6 
 
 ,à 
 
 o 
 
 BS 
 
 
 
 
 g 
 
 a 
 
 0> 
 
 S 
 
 «4-1 
 
 
 
 
 
 Ph 
 
 o 
 
 n*- 
 
 
 ■^ 
 
 
 $200.00 
 
 15 
 
 $90 
 
 24.00 
 
 1 
 
 6 
 
 104.00 
 
 12 
 
 72 
 
 20.00 
 
 
 
 90.00 
 
 6 
 
 36 
 
 75.00 
 
 5 
 
 30 
 
 60.00 
 
 4 
 
 24 
 
 50.00 
 
 4 
 
 24 
 
 90.00 
 
 6 
 
 36 
 
 104.00 
 
 12 
 
 72 
 
 90.00 
 
 
 36 
 
 76.00 
 
 5 
 
 30 
 
 60.00 
 
 
 24 
 
 50.00 
 
 
 24 
 
 90.00 
 
 6 
 
 36 
 
 75.00 
 
 6 
 
 30 
 
 60.00 
 
 4 
 
 24 
 
 50.00 
 
 4 
 
 24 
 
 20.00 
 
 
 
 75.00 
 
 6 
 
 30 
 
 60.00 
 
 4 
 
 24 
 
 60.00 
 
 8 
 
 -48 
 
 60.00 
 
 4 
 
 2-i 
 
 60.00 
 
 8 
 
 48 
 
 50.00 
 
 4 
 
 24 
 
 33.33 
 
 4 
 
 24 
 
 90.00 
 
 6 
 
 36 
 
 75.00 
 
 5 
 
 30 
 
 60.00 
 
 4 
 
 24 
 
 50.00 
 
 4 
 
 24 
 
 33.33 
 
 4 
 
 24 
 
 33.33 
 
 4 
 
 24 
 
 90.00 
 
 6 
 
 36 
 
 76.00 
 
 5 
 
 30 
 
 60.00 
 
 4 
 
 24 
 
 50.00 
 
 4 
 
 24 
 
 .33.33 
 
 4 
 
 24 
 
 33.33 
 
 4 
 
 24 
 
 10.00 
 
 
 
 75.00 
 
 6 
 
 36 
 
 60.00 
 
 ■5 
 
 30 
 
 60.00 
 
 4 
 
 24 
 
 40.00 
 
 4 
 
 24 
 
 30.00 
 
 4 
 
 24 
 
 25.00 
 
 4 
 
 24 
 
 10.00 
 
 
 
 Forage.' Servants. 
 
 P pr mo 
 for each 
 
 Pay, &c. 
 of a 
 
 horse. Private. 
 
 
 $24 
 
 24 I 3 
 
 24 I 
 24 I 
 24 j 
 
 24 
 
 46.50 
 
 33.00 
 33.00 
 33.00 
 16.50 
 33 00 
 46.50 
 33.00 
 33.00 
 33.00 
 16.50 
 3.1.00 
 33. CO 
 33.00 
 16.50 
 
 33.00 
 
 33,00 
 
 33.00 
 33.00 
 16.50 
 16.50 
 16.50 
 
 33.00 
 33.00 
 33.00 
 16. -50 
 16.50 
 16.50 
 
 33.00 
 33.00 
 33,00 
 16.60 
 16..50 
 16.50 
 
 31.00 
 31.00 
 31.00 
 15.60 
 16.60 
 15.50 
 
 $376.00 
 
 38.00 
 
 246.50 
 
 28.50 
 
 183.00 
 
 162.00 
 
 141.00 
 
 98.50 
 
 183 00 
 
 246.50 
 
 133.0(1 
 
 162.00 
 
 141.00 
 
 98.50 
 
 183.00 
 
 162.00 
 
 141.00 
 
 98.50 
 
 20.00 
 
 208.33 
 
 162.00 
 
 125,00 
 
 208,33 
 
 149.00 
 
 125.00 
 
 122.60 
 
 93..50 
 
 81.83 
 
 183.00 
 162.00 
 141.00 
 98.50 
 81. S3 
 81. 
 
 183.00 
 162.00 
 141.00 
 106, .50 
 
 89.83 
 
 89 
 
 10.00 
 
 166.00 
 146 00 
 129,00 
 79.50 
 09.50 
 64,60 
 18,00 
 
AMERICA AND THE AMERICANS. 173 
 
 THE UNITED STATES' ARMY— PROMOTIONS. 
 
 In the British Army, old deserving non-commissioned officers do 
 not, as in France, get often promoted ; young lads of the " man- 
 milliner" species are put over the heads of the oldest, steadiest 
 sergeants, over men whose practical knowledge of discipline, and 
 great military experience, ought to entitle them to promotion. 
 Senator Pearce, of New Hampshire, thinks that we follow the Eng- 
 lish practice too closely. One day he told of " a sergeant who per- 
 formed a service at the battle of the Whithlacoochee, for which, 
 had it been under Napoleon, he would have got a baton. But in 
 ours what did he get ? Three times did that gallant fellow, with 
 his arm broken and hanging at his side, charge the Indians and 
 drive them from their hammocks, where they were entrenched. 
 The poor sergeant stayed in the service until his time expired, and 
 that was all he got for his gallantry and disinterestedness." An 
 opinion gains strength, that the honors of the army and navy ought 
 to be thrown open to free competition. Very many commissions 
 and promotions are the reward of official trimming and truckling in 
 Congress, &c., by the relatives of parties thus placed over the heads 
 of more deserving men. 
 
 Von Miiller tells us in his Universal History, that " The de- 
 grees in the Roman army were very numerous. From the last 
 centurion of the last manipulus of the first line to the primipilatus, 
 there were sixty steps. The choice of the generals did not depend 
 on the number of years of service ; often the leader who had tri- 
 umphed served under his successor, and the father under the com- 
 mand of his son ; indolence and want of ability were the only obsta- 
 cles to promotion. 
 
 " The Romans did not consider it necessary that the soldiers 
 should be of great stature : large bodies cannot easily support so 
 much fatigue as those of smaller bulk. The Barbarians disdained 
 the small stature of the Roman troops. The love of their country, 
 and the great interests that were at stake, gave to the armies of the 
 Romans an impulse very diiferent from the motives of the Cartha- 
 genian and the Asiatic soldiery, who fought only for pay. ^^ 
 
 Sir James Mackintosh considered a standing army dangerous to 
 the institutions of a free state ; De Tocqueville thinks that " a 
 restless and turbulent spirit is an evil inherent in the very consti- 
 tution of democratic armies;" and that odd compound of monarchy, 
 feudalism and aristocracy. Sir Walter Scott, told his son that " a 
 democratical soldier is worse than an ordinary traitor by ten thou- 
 sand degrees, as he forgets his military honor, and is faithless to 
 the master wliose bread he eats." 
 
 Under the government which Scott so greatly admired, commis- 
 sions in the army are bought and sold like stocks or acres ; officers 
 who have served some two to ten years are allowed to retire on half 
 pay, enjoy it twenty, thirty, or even forty years, and then sell out 
 to younger men ; merit, if unconnected with rank and standing in 
 society, is quite apt to be overlooked, though it is not always so. 
 
 Fuller, a distinguished English author, early in the 17th century, 
 wrote a book called " The Holy State," wherein he thus describes 
 *' The Good General :" He shows in what a general " loves and is be- 
 loved by his soldiers." "1. By giving them good words." '* 2. 
 
174 AMERICA AND THE AMERICANS. 
 
 By partaking with his soldiers in their painful employments.'^ " 3. 
 By sharing with them in their wants." " 4. By taking notice, and 
 rewarding of their deserts ; never disinheriting a worthy soldier 
 of his birthright, of the next office due unto him. For a worthy man 
 is wounded more deeply by his own general's neglect, than by his 
 enemy's sword ; the latter may kill him, but the former deads his 
 courage, or, what is worse, mads it into discontent ; who had rather 
 others should make a ladder of his dead corpse to scale a city by it, 
 than a bridge of him while alive, for his punies to give him the go- 
 by, and pass over him to preferment. For this reason chiefly {be- 
 sides some others), a great and valiant English general in the days 
 of Queen Elizabeth was hated of his soldiers, because he deposed 
 officers by his own absolute will, without respect of orderly ad- 
 vancing such as deserved it, which made a great man once salute 
 him with this letter : ' Sir, if you will be pleased to bestow a Cap- 
 tain's place on the bearer hereof, being a worthy gentleman, he 
 shall do that for you, which never as yet any soldier did, namely, 
 pray to Grod for your health and happiness.' " 
 
 PAY OF THE ARMY, YEAR 1846-7. 
 
 The following particulars are taken from Ex. Doc. 7, Dec. 1847, 
 pp. 123 to 214 and 282 to 295 ; what little insight they give us as to 
 the system of accountability to Congress and the public, through 
 clearness of statements and a publicity of facts, those who can may 
 profit by ; we really cannot. 
 
 Pay of the ^rw?/ (deducting repayments), #1,725,992. Of twenty- 
 three paymasters named, T. P. Andrews was intrusted with ^395,- 
 391; T. J. Leslie with #547,546; G. H. Ringgold $231,306; and 
 the others with sums varying from ^642 to !^116,605. Pay of ten 
 regiments $80,000. 
 
 Subsistence of Officers, f 545,467 ; of which ^22,823 passed 
 through the hands of Paymasters Leslie, Andrews, Townsend and 
 Ringgold. 
 
 Subsistence Bepartment, #1,763,566; of which #900,800 were 
 paid through Commissary Seawell, #121,000 through Shiras, #400,- 
 000 through Grayson, #120,000 through Lee. 
 
 Subsistence, ten Regiments of Regulars, #220,832; of which 
 $150,000 paid per Seawell. 
 
 Quartermaster" s Department, $1,473.030; of which, per Vinton 
 #140,000, m. Mackay #76,000, T. F. Hunt #108,234, H. Stanton 
 #100,000, Dusenbury #55,100, Morris S. Miller #32,459, M. M. 
 Clark #348,752, D. D. Tompkins #504,508. 
 
 Same Department — Incidentals [no items or exphxnations given], 
 #1,025,337 ; of which, per Hunt #251,000, Clark #656,235. 
 
 Same Department — Transportation and Supplies, #971,331; of 
 which #1,126,680 in hands of Michael M. Clark, .#939,500 in hands 
 David H. Vinton, #411,000 H. Stanton, #155,550 yE Mackay, #796,- 
 809 T. F. Hunt, #70,000 Dusenbury, #166,920 M. S. Miller, #117,- 
 000 F. R. Loper. 
 
 Transportation of the Army, including Officers' baggage, #3,314,- 
 125 ; per hands of T. F. Hunt #389,934, D. D. Tompkins #503,956, 
 M. M. Clark #1,479,196, M. Mackay #168,200, D. H. Vinton 
 #281,700. 
 
AMERICA AND THE AMERICANS. 175 
 
 Clothing Department, $597,119 ; of which $565,975 per H. Stan- 
 ton. 
 
 Of #405,036 on hand for three mouths' extra pay to privates, ser- 
 geants, musicians, &c., and expenses of recruiting, ^$291,858 were 
 paid. .'>;40,294 for services of private physicians, of which .<f;24,500 
 per Mower. — "■ Barrac.\s, Quarters, i^'c.,'" .>:263,078 ; of which, per 
 M. M. Chirk, Assistant Quartermaster, $116,919. " Providing for 
 the comfort of discharged soldiers," $500,000, through Dy. Quarter- 
 master Gen. Hunt — no details. Repairs of roads and bridges for 
 armies, $39,000. 
 
 MEXICAN HOSTILITIES, &c. 
 
 In addition to the above and other expenditures, we find in page 
 163 to 168 Executive Documents, Dec. 7, 1847, that $16,344,397 
 were paid in 1846-7, under the head of " ,M:'xican Hostilities." 
 Reference is made to the act of July 20, 1846, but no details are 
 given of the expenditure. The money was expended on " volun- 
 teers and other troops ;" and appears to have passed through the 
 hands of— T. F. Hunt $3,233,224, A. Mackay $641,540, H. Stanton 
 $410,000, H. Whiting $300,000, A. R. Hetzel $219,000, D. D. Tomp- 
 kins .$476,615, S B. Dusenbury .$159,000, D. H. Vinton $782,918, 
 M. M. Clark $1,333,592, R. E. Clary $190,000, W. Seawell $200,- 
 000, Amos B. Eaton $195,000, J. B. Gravson $510,000, J. P. Moore 
 $194,043, Paymaster T. J. Leslie $1,799,450, B. Walker $200,000, 
 Timothy P. Andrews (ex-Col. Voltigeurs), $352,00^, Christ. An- 
 drews $122,000, Roger S. Dix $100,000, A. D. Steuart $567,950, 
 Benjamin F. Larned .$546,400, G. H. Ringgold $384,700, H. C. 
 Wayne $146,000. 
 
 Pat/ of Volunteers, $614,481. — Charged as in the hands of B. F. 
 Larnèd, Deputy Paymaster-General, $1,100,000, from which said 
 payments were made. 
 
 Subsistence of Volunteers, 11 Regts. $257,453 ; of which $200,000 
 per Commissaries Lee and SeawelL 
 
 Preventing, Suppressing and Repressing Indian Hostilities^ 
 $51,322 ; but no act is referred to, nor is it clear to us who got the 
 money. 
 
 MILITARY EXPENDITURES. 
 
 Armament of certain Fortifications, $203,773. — No particulars 
 given, but Act of May 15, '46, referred to. " Ordnance Service," 
 $93,994. " Ordnance, Ordnance Stores and Supplies," $560, GS3 ; 
 Horses lost or destroyed, .<ii'20,252. " jYational Armories," $369,506 ; 
 of which, per E. IngersoU, storekeeper, $217,000, and Richard 
 Parker $142.,475. Repairs, Èçc, at Springfield and Harper's Ferry 
 Armories, $151,053 ; Arsenals, $108,915 ; Bought Saltpeter, Brim- 
 stone and Gunpowder, $150,000 ; Laid out in Fortifications and 
 Barracks, $1,333,245 — no details, but a reference to the amount 
 paid the lieutenant, captain, or other military man who drew the 
 mJne3^ Liglit-houses, Harboi-s, River Improvements, $84,308; 
 Remuval of Choctaws from Mississippi, $41,995; "Expenses of 
 Mission to Wild Indians of the Prairie," .$51,723, M. G. Lewis and 
 P. M. Butler, Commissioners — an expensive mission this. For 
 
176 AMERICA AND THE AMERICANS. 
 
 carrying into effect Indian treaties, or payments to Indians in 
 money or in kind, immense sums are charged, but beyond a refer- 
 ence to the statutes and stating who expended the money, little in- 
 formation is given to the public. On the Military establishment 
 Yotes, $8,204,218 appears to have been in the hands of public ac- 
 countants on July 1, 1846, and $8,365,318 on July 1, 1847. 
 
 While many pages of the Blue Book are filled up with such items 
 as " New York Daily Express, for advertising meeting of Army and 
 Medical Board $li," the American reader will look in vain for 
 any complete and intelligible account of the year's receipts and 
 expenditures ; indeed bills to enforce the payment into the Treasury 
 of all the revenue have met with quite as little favor at Washington 
 as at W^estminster. 
 
 Five or six years since, Mr. Meriwether reported, from the 
 committee on public expenditures, in the House of Representatives, 
 a bill providing, " That no officer of the army or navy shall receive 
 any other compensation than the pay or emoluments of the office 
 which he holds, notwithstanding he may perform the duties of any 
 other office or appointment." Also, " That no payment shall be made 
 to any officer of the army or navy, by way of pay or emoluments, who 
 may have been or shall be restored to rank, for the time he may 
 have been or shall be out of service." A majority in Congress, who 
 have "democracy" continually upon their lips, and "the public 
 plunder" in their eye, would have passed a bill to double the na- 
 tional taxation for the especial benefit of idle and useless officials, 
 the lumber of the public service, rather than adopt such real re- 
 forms as the above. 
 
 In giving the reader a statistical view of the militia of America, 
 it will be seen that they possess a constitutional power equal to any 
 European nation; the Landweir of Germany, and the National 
 Guards, or Guard Mobile of Paris may equal them in number, but 
 we question whether either power at the present day could rely on 
 their unanimous cooperation with the regular army. Here they 
 form a brotherhood of soldiery, and in the battle-fields of Mexico 
 have proved their prowess, though undecorated for that bravery. 
 The militia of the United States, from what I have seen of it, and 
 I have had some experience in the matter, are equal in their equip- 
 ment and military parade to any in Europe, — and as to their tar- 
 get practice, they are a match for the celebrated yager corps of 
 Switzerland or Germany. — Trans. 
 
AMERICA AND THE AMERICANS. 
 
 177 
 
 Militia Force of tiik United States. 
 
 Abstract of the United States Militia, from the Army Register 
 for 1848. 
 
 States 
 
 and 
 
 Territories. 
 
 For 
 what 
 year 
 
 Maine 
 
 N. Hampshire . . 
 Massachusetts.. 
 
 Vermont 
 
 Rhode Island... 
 Connecticut. ... 
 
 New York 
 
 New Jersey 
 
 Pennsylvania. .. 
 
 Delaware 
 
 Maryland 
 
 Virginia 
 
 N. Carolina 
 
 S. Carolina 
 
 Georgia 
 
 Alabama 
 
 Louisiana 
 
 Mississippi 
 
 Tennessee 
 
 Kentucky 
 
 Ohio 
 
 Indiana 
 
 Illinois 
 
 Missouri 
 
 Arkansas 
 
 Michigan 
 
 Florida 
 
 Texas 
 
 Iowa, 
 
 Wisconsin T... . 
 D. of Columbia. 
 
 184Ô 
 
 184 
 
 184 
 
 1843 
 
 184 
 
 1846 
 
 184 
 
 18-29 
 
 1847 
 
 1827 
 
 1838 
 
 1847 
 
 184, 
 
 1846 
 
 1839 
 
 1847 
 
 1847 
 
 1838 
 
 1840 
 
 1847 
 
 1845 
 
 18.32 
 
 1841 
 
 1844 
 
 1843 
 
 1847 
 
 184 
 
 li^4 
 
 <840 
 1832 
 
 Total. 
 
 Gen- Gen'l 
 
 Stall' 
 
 Offi- 
 ceis. 
 
 26 
 12 
 
 9 
 12 
 
 6 
 
 11 
 
 13G 
 
 19 
 
 55 
 
 4 
 22 
 28 
 28 
 19 
 36 
 31 
 10 
 15 
 25 
 48 
 91 
 31 
 
 Offi- 
 cers. 
 
 95 
 40 
 35 
 61 
 21 
 38 
 
 366 
 58 
 
 164 
 
 62 
 133 
 101 
 98 
 187 
 55 
 70 
 79 
 125 
 217 
 110 
 
 94 
 29 
 121 
 14 
 45 
 
 773 12,493 
 
 Field 
 
 Com- 
 
 Total 
 
 Mon-com. 
 Officers, 
 Music'iis. 
 
 Offi- 
 cers, 
 
 pany 
 Offi- 
 
 Commis- 
 sionel 
 
 &c. 
 
 cers. 
 
 Officers. 
 
 Privates, 
 &c. 
 
 ' 540 
 
 1.659 
 
 2.320 
 
 42,345 
 
 325 
 
 1,224 
 
 1.601 
 
 26,465 
 
 74 
 
 380 
 
 498 
 
 94.157 
 
 224 
 
 801 
 
 1,088 
 
 22,827 
 
 42 
 
 9 
 
 78 
 
 14.068 
 
 292 
 
 983 
 
 1.324 
 
 56.395 
 
 2,505 
 
 6.465 
 
 9,472 
 
 158,172 
 
 435 
 
 1,476 
 
 1.988 
 
 37.183 
 
 1,245 
 
 6,054 
 
 7,518 
 
 268,552 
 
 71 
 
 364 
 
 447 
 
 8.7S2 
 
 544 
 
 1,763 
 
 2,397 
 
 44.467 
 
 1,351 
 
 5,396 
 
 6,836 
 
 115.155 
 
 657 
 
 3,449 
 
 4.267 
 
 75,181 
 
 452 
 
 2,026 
 
 2,598 
 
 52,107 
 
 746 
 
 2.212 
 
 3,092 
 
 54,220 
 
 564 
 
 1..382 
 
 2.164 
 
 42.168 
 
 159 
 
 1.168 
 
 1.392 
 
 42,431 
 
 392 
 
 348 
 
 625 
 
 35.259 
 
 859 
 
 2,644 
 
 3,607 
 
 67,645 
 
 1,112 
 
 3,518 
 
 4.803 
 
 83.539 
 
 462 
 
 1,281 
 
 2,051 
 
 174,404 
 
 566 
 
 2,154 
 
 2,861 
 
 51,052 
 
 790 
 
 2,990 
 
 3,919 
 
 57,081 
 
 310 
 
 762 
 
 1,109 
 
 16 028 
 
 336 
 
 2.110 
 
 2.593 
 
 57,413 
 
 95 
 
 508 
 
 620 
 
 11.502 
 
 248 
 
 940 
 
 1,248 
 
 18,518 
 
 36 
 
 126 
 
 169 
 
 -•5.054 
 
 24 
 
 68 
 
 96 
 
 1,153 
 
 15.456 
 
 54,259 
 
 72,981 
 
 1,732.323 
 
 Aggre- 
 gate. 
 
 44,665 
 27,066 
 94,655 
 23,915 
 14,146 
 67,719 
 
 167,644 
 39,171 
 
 276.070 
 
 9.229 
 
 46,864 
 
 121,991 
 79.448 
 54,705 
 57.312 
 44.332 
 43.823 
 36.084 
 71.262 
 88,342 
 
 176.456 
 63.913 
 83.234 
 61.000 
 17;i37 
 60.006 
 12,122 
 19,766 
 
 5.223 
 1.249 
 
 1,888,538 
 
 By a communication from the Secretary of War to Congress, it 
 appears that the total number of soldiers in the army, after the 
 discharge of those enlisted for the war, is 8,8G6. 
 
 The " Ten Regiments" raised under the act of February 11, 1847, 
 to serve during the war, were disbanded upon the conclusion of the 
 treaty of peace with Mexico. 
 
 This shows a colossal increase since Col. Murat's time. 
 
 8* 
 
CHAPTER VIII. 
 
 THE NAVY. 
 
 The Naval and Merchant Service — Exploits of the Navy during the 
 War, its Force then and now — Naval Architecture of America — 
 The Pennsylvania of 144 Guns — Dock-Yards, Government and 
 Private — The Frigates for Greece — Anecdote of Nîival Action, 
 and Ibrahim Pacha — American and English Navy Compared — 
 Manning the Navy — Comparison betwen Navy and Army Service 
 — Officers of the Navy — Privateering Baltimore " Clippers" — 
 Merchant Service — Rapidity of Voyages — Wars with Europe — 
 Capture of Washington — Battle of Baltimore — Expedition to New 
 Orleans — Causes of English Success in Canada — Result of the 
 War — America formidable in a future Naval Warfare with any 
 European Power — Her Policy to Maintain Peace. 
 
 I WILL now come to another important arm, of whicli I 
 have not yet spoken, and one in v/hich lies our most pow- 
 erful defense — our navy. 
 
 To this arm we were indebted for our most brilliant tri- 
 umphs during the last war : for although but in its infancy, 
 with few exceptions, she beat the English on all the oceans, 
 in a manner which astonished Europe. It is, however, by 
 no means extensive. We have at this moment, I believe, 
 but twelve vessels of the line ; but they are all beautiful 
 models of naval architecture. This branch of the arts, as 
 w^ell in the mercantile as military department, has made 
 immense progress in America. By means of a very sim- 
 ple invention, they have succeeded in rendering frigates 
 almost as strong as ships of the line ; and two deckers 
 equal in construction and strength to three deckers. 
 The deck is constructed sufficiently strong to support guns 
 equal in caliber to those of the battery. This plan has 
 been adopted lately in the construction of an immense 
 leviathan of a ship at Philadelphia. She mounts in all 
 144 guns of the heaviest caliber. She is the largest ship 
 which has ever been built. Government neglects no ex- 
 
AMERICA AND THE AMERICANS. 179 
 
 pense towards the ibrmation of the navy, amounting even 
 to prodigality and luxury ; and the quality of the wood 
 (almost imperishable), which is now almost exclusively 
 employed in the navy, leads me to believe, that she will, 
 ere long, arrive at a degree of splendor and numerically 
 imposing force. 
 
 Although the vessels of the United States' navy are not 
 very numerous at the present period, tho'if numbers are 
 capable of heing increased with unexampled rapidity. 
 There exist eight or ten naval arsenals, which are in that 
 state of perfection and admirable order that they are ready, 
 at a moment's notice, to construct as many ships of war as 
 the immediate emergency of the case may require. There 
 are in each of them a great number of calles or stocks, 
 many of which are roofed over, together with immense 
 magazines of wood, rigging, &c. Besides these, in the 
 cities of New York, Philadelphia and Baltimore, vessels 
 of war are built, belonging to private individuals. During 
 the last war, they built several vessels on account of go- 
 vernment ; since which, these parties have supplied 
 Colombia and Peru, Spain and Mexico, the Brazils and 
 Buenos Ayres. They constructed two vessels for the 
 Greeks, during their war of Independence ; the one was sent 
 to its destination, while the other was bought by the 
 American government, and now belongs to the navy de- 
 partment.* The " Hellas Frigate" (if I mistake not) was 
 
 * I had tlie honor of accompanying and serving under Lord Coch- 
 rane (now Earl .Dundonald, admiral and commander-in-chief on 
 the West India and North American Station), in Greece, on board 
 of one of these frigates ; she was a most magnificent vessel, mounting 
 sixty-four heavy guns : thirty-two long thirty-two pounders on her 
 upper, and thirty-two forty -four pound carronades on her lower 
 deck, besides four sixty-eight pounders. She was the admiration 
 of all the navies on the Mediterranean station ; and while off Zante, 
 she fell in with and captured a Turkish frigate in gallant style, in 
 forty minutes. Although out of consideration and compassion for the 
 poor little devil of a Turk, mounting but thirty -two long brass 
 
ISO AMERICA AND THE AMERICANS. 
 
 bought by the Greek Loan Jobbers in England, for the sum 
 of £60,000 sterling, while the Greeks not being able to pur- 
 chase the sister frigate, she was sold to the Americaa go- 
 and had not been in the service more than a 
 
 guns of lighter caliber, Ms lordship ordered only grape to be fired 
 at her rigging in order to disable her ; she, however, becoming 
 rather troublesome, haying sent around shot or two through the ad- 
 miral's cabin, rounds were fired by the Hellas, by way of " returning 
 the compliment," when she surrendered, being the first Turkish ves- 
 sel which surrendered to a Greek during the war. And had it not 
 been for Lord Cochrane and his European officers, the Turks would 
 have blown the ship up rather than have surrendered to the Greeks, 
 as hitherto had been invariably the case during their frightful and 
 desperate struggle. Only two round shots were fired from the 
 frigate — the one killed and wounded twenty-two men, the other 
 passed through and through the state cabin in which, on boarding 
 the Turk, we found about a score of beautiful young Greek women 
 captured in the war, and who were on their voyage to the Seraglio 
 of the Sultan, as a present from his humane Highness, Ibrahim 
 Pacha. This beautiful frigate, named the " Hellas," was afterwards 
 blown up in the Greek harbor of Poros, by the venerable and gal- 
 lant naval hero Miaoulis, together with the whole Greek squadron, 
 rather than allow their falling into the hands of the treacherous 
 Russians, through the intrigues of Count Capo d' Istria. 
 
 Some years since, Ibrahim Pacha, this monster stained with the 
 blood of Greece and her daughters, arrived in London, where he 
 was treated with " all the honors due to his illustrious rank" {rank 
 indeed) ; he was complimented and feted at the magnificent London 
 Club, called the Reform : yet this very man would under other cir- 
 cumstances have thought nothing of cutting their throats, and 
 transporting their wives and daughters to the same market as that 
 to which he intended to send the lovely young Greek captives, as a 
 peace offering, forsooth, to his impeinal master, the Sultan. Yet, 
 Ibrahim Pacha was a hero ! so was Turpin, Jack Sheppard et hoc 
 genus omne. I could relate many instances of this civilized barba- 
 rian's atrocities committed during the Greek war. One anecdote, 
 however, will suffice to show how lightly he thought of the shed- 
 ding of human blood, even that of his own devoted soldiers : — 
 
 In one of the battles in the Morea, during the Greek War of In- 
 dependence, and in which Ibrahim was victorious, the good and 
 noble minded Count Santa Rosa was killed in the cause of Greece. 
 Walking over the battle-field, Selves, the French renegade, who was 
 
AMERICA AND THE AMERICANS. 181 
 
 twelvemonth, before (as I was informed) she got the dry 
 rot or something equivalent, and was condemned to less 
 noble purposes. 
 
 The Russian Government also bought a superb corvette 
 at Philadelphia ; and I doubt not, but that the private ship- 
 yards of the large towns of the Union could furnish twenty 
 first-class frigates a year, fully equipped and independent 
 of those built in the government dock-yards. So certain 
 is the government of its resources in this department, that 
 it is by no means desirous of increasing the navy to any ex- 
 tent during a period of peace. 
 
 The maintaining ships in ordinary is very expensive ; 
 whatever care be taken of them, an old vessel can never 
 be equal in value to one newly constructed. In the list of 
 ships in the American navy, there are none of no value. 
 England is far from being able to make the same statement. 
 She is the only European pov/er with which v>-e can have 
 a naval war. In a month's time, all our navy would be 
 armed and ready to defend the approaches of our coast ; 
 and we may say, before a Heet of twelve vessels of the 
 line could advance to attack us, our arsenals would have 
 sent forth a dozen vessels at least, in addition, to the ren- 
 contre. Besides this, every day produces new improve- 
 ments tov/ards perfection in our naval architecture ; while 
 the last vessel built is always the best. There is, there- 
 fore, a considerable advantage in having all our materiel 
 ready, and in setting to work on the construction of our 
 ships, only when they shall be required. 
 
 The only difficulty which the United States would ex- 
 perience in equipping a fleet, would be in finding 
 
 known under the title of Soliman Bey, came suddenly upon some 
 of th.e dead, among whom he recognized the body of his old friend 
 of other days, the unfortunate Count ; and Avith an exclamation of 
 sorrow mentioned his regret for the loss of one so esteemed, to 
 Ibrahim, whereupon the Pacha coolly replied " Ah ! ma foi, it is 
 the fortune of war. But as it seems to affect you, hoiv many of my 
 Arabs' heads shall I cut off by way of satisfaction" ? — Thaws. 
 
182 AMERICA AND THE AMERICANS. 
 
 sailors to man it ; for we have no English press-gang sys- 
 tem. The crews are formed from voluntary enrollment, 
 and at a bounty always higher than that paid by the mer- 
 chant service ; hence, up to the present moment no dif- 
 ficulty has been experienced. It is to be feared, however, 
 that at the breaking out of a war, when there w^ould be a 
 considerable demand both for the naval service, and for 
 the innumerable corsairs or privateers who would tender 
 their services, besides the inducement of high pay and 
 the hope of rich captives : it is to be feared, that much 
 difficulty would be experienced in equipping the navy. 
 There is, however, one consideration certainly in favor of 
 the latter, which is, that as a war cannot be undertaken 
 unless sanctioned by the will of a majority of the people, 
 an unpopular war can never be entered into by the United 
 States ; but if the people desire it, upon good and patriotic 
 grounds, they very well know how to set about it. 
 
 I must here observe, that the military service does not 
 offer such great inducements to people of so turbulent a 
 character as the American sailors to enter it. Besides, the 
 discipline on board ships of war is extremely severe, 
 more so, perhaps, than in any other service ; and this I 
 believe to be absolutely necessary, in order to bring the 
 American sailor to a forgetfulness of republican equality, 
 which could on no account be permitted in the naval ser- 
 vice, without the most imminent danger. 
 
 The officers of the navy are very numerous, particularly 
 in the inferior grades.' These grades are the same as in 
 England. The officers are not all in active service, either 
 on board vessels of war, in the arsenals, dock-yards, &c. 
 There are some en disponibilité, or, as we say, waiting 
 orders, who have received an order from the minister to 
 repair to such a station, and there to hold themselves at 
 the disposition of the government ; they there receive their 
 full pay, but are allowed no rations. Others are on leave 
 of absence for a determinate period. Others again are in 
 
AMERICA AND THE AMERICANS. 183 
 
 absolute congé, receiving no paj^, and remain so until they 
 apply to government for active service. When they are 
 thus on leave, they may dispose of themselves and their 
 time just as it pleases them. For example, many among 
 them command merchantmen, trading to China, or occupy 
 themselves in any other industrious pursuit. So long, 
 however, as an officer belongs to the naval department in 
 some shape or other, he can neither be elected, nor can he 
 be appointed to any other place. 
 
 In time of war, the commerce of America, which then 
 becbmes partially paralyzed, furnishes an immense number 
 of privateers. The schooners of Baltimore (the famous 
 clippers), during the last war, did immense mischief to the 
 English trade, and had even the hardihood to advance so 
 far as between the coasts of England and Ireland. This 
 mode of warfare w^ould, in the present day, be considera- 
 bly more destructive, should hostilities break out ; since 
 the merchant service has increased amazingly, and the 
 past experience, from the immense fortunes made in that 
 line, would be an additional inducement for men of daring 
 enterprise to pursue that system of w^arfare immediately 
 after war had been declared. 
 
 The merchant marine of the United States is immense ; 
 it extends to all seas. To those ^vho have seen the New 
 York and Havre, or London and Liverpool packet-ships,* 
 it were unless to inform them that they are the most 
 magnificent vessels of theif class afloat, as much in point 
 of construction, as in rapidity of speed and in materiel. 
 They are, in fact, most excellent hotels, traversing the 
 Atlantic from America to Europe ; in them, you live quite 
 as well as on land, for the same sum, and you may be said 
 to have the passage absolutely for nothing. The certainty 
 of this m.ode of communication leaves nothing to desire ; 
 
 * The " Devonshire" is remarkable for all these qualities, in 
 every particular. — Trans. 
 
184 AMERICA AND THE AMERICANS. 
 
 for, of the 2,160 voyages which these vessels made during 
 a period of ten years, only three had been lost. Their 
 speed is incredible. . Some years ago, in New York on 
 the 4th of January, I remember to have seen the message 
 of the President, which was pronounced at Washington on 
 the 1st of December, printed in a Liverpool journal on the 
 16th of the same month. These examples are, however, 
 rare, the average passage being twenty days going from 
 America, and twenty-five returning from Liverpool.* 
 
 Hitherto, the United States have had but two wars with 
 the European Powers, for I do not consider the declara- 
 tion of war against France, in 1798, in that light, as no 
 consequences resulted from it. These two wars were 
 against England ; in both of which the Americans claimed 
 the advantage. I am aware that in the last war the Eng- 
 lish make a boast of taking Washington, and having burnt 
 the capitol ; but that brilliant exploit, which made so much 
 
 * What would Colonel Murat say, had he lived to behold the 
 magnificent Royal West India and Cunard Mail Line of steamers, 
 the electric telegraphic communications, and all the other wonder- 
 ful inventions and improvements in this truly wonderful age ? The 
 following is one almost incredible instance : — 
 
 Expeditious Traveling. — An American merchant left New 
 York on the 4th of April, by the steamer Canada. On the 19th 
 he was at Liverpool. After settling affairs at this place and Lon- 
 don, he was at Southampton on the 20th, when he embarked on 
 board the steamer Ripon, for Alexandria, with the mails for India. 
 On the 15th of June he will have arrived at his destination, which is 
 Canton. Thus he will have accomplished the voyage from America 
 to China, which is a distance of 15,000 miles, in the short space of 
 seventy-two days. In a little more than two months, he will have 
 traversed the Atlantic and Indian Ocean, the Mediterranean, Red 
 Sea, and China Sea. In Europe, he will have seen England, 
 Gibraltar and Malta ; Alexandria and Suez, in Africa ; Arden^ 
 Ceylon, Penang, Singapore, and Hong Kong, in Asia. And hav- 
 ing taken his departure from America, he will have been in the 
 four quarters of the world in seventy -two days ! Such an example 
 of extraordinary velocity of motion, or comet-like traveling, is 
 without example. 
 
....lERICA AND THE AMERICANS, 185 
 
 noise at the time in Europe, in order to be appreciated at 
 its real value, requires only to be made known in all its 
 details. 
 
 The town of Washington, although it be the official 
 capital of the United States, w^as at that period, an insig- 
 nificant town of seven or eight thousand inhabitants.* The 
 English troops who were afloat in the Chesapeake during 
 the night, the tide being in their favor, ascended one of the 
 tributary rivers of its immense bay, and in the morning, 
 landed a few miles from Washington. 
 
 They immediately marched upon the town, where they 
 met with no opposition ; for the two or three hundred 
 marines who were stationed there evacuated it on their 
 approach, and had retired upon Bladensburg, six miles on 
 the road to Baltimore. After having burnt the capitol, or 
 rather the few articles of furniture which they found there 
 (for stone walls are by no means easily burnt), the English 
 army marched upon Bladensburg, where they defeated the 
 marines and the few militia who had joined them. Flushed 
 with this advantage, they continued their march upon Bal- 
 timore, where they were defeated by the militia of the 
 town, and had a general killed. This expedition, which 
 had cost England large sums of money, and which was 
 designed to cause a powerful diyersion in the center States, 
 entirel}'- failed in its object ; and Avas completely destroyed 
 in less than eight days after landing. The burning of 
 Washington was rather favorable to the American cause, 
 than otherwise, for that act of vandalism, together with 
 the outrages committed by the English arm\^ on its march, 
 immediately silenced the party opposed to the war, and 
 resulted in uniting the whole nation in one sentiment and 
 feeling of revenge, thus increasing the government forces an 
 hundred-fold. The English expedition against New Orleans 
 was still more disastrous. We must, however, admit that 
 
 * In 1840, the population of Washington had increased to 23,364, 
 — Trans. 
 
186 AMERICA AND THE AMERICANS. 
 
 they met with success in Canada ; a success, however, 
 v/hich could lead to no advantageous result, and which may 
 be entirely attributed to the opposition of the Federalists, 
 then in the way of all the measures of the government, 
 and the refusal of some of the New En2:land States to call 
 out their militia, when demanded to do so by the President. 
 But of what avail is it thus to review these two campaigns ? 
 Does the vanquished always acknowledge his defeat ? 
 Hence, amidst so many contradictory reports, the best 
 means of forming a correct judgment of success in war is 
 in its ultimate result. Still feeble, — with scarcely a popu- 
 lation of five millions, — without government resources, 
 army or navy, America induced England to acknowledge 
 her independence, while George the Third, surnamed 
 "the obstinate," was obliged to receive at his very court 
 that same Adams, whom he had denounced as a rebel and 
 traitor, as the first ambassador from a power henceforth des- 
 tined to rival England.* It is but justice to state, how- 
 ever, that the assistance of France contributed much to- 
 wards the success of the first war. America would have 
 ultimately succeeded alone, but it would have cost her 
 immense sacrifices, and a much longer period of time to 
 
 * It is any thing but agreeable to perceive the illiberal feelings 
 evinced (chiefly, however, by the prejudiced and uneducated class) 
 towards England, when all who have made themselves acquainted 
 with the history of the period must know, that not only the people 
 of England, but all her most eloquent senators and orators were in 
 fjxvor of America, and in whose cause the great Chatham died on 
 the very floor of the House of Lords. 
 
 That the Americans were unjustly aggrieved, wronged, and 
 oppressed, is a fact which has been universally acknowledged 
 by the people of England themselves. Hence the censure should 
 apply to the real oppressor, George the Third's evil genius, the 
 despotic Lord North ; whose tyranny at the present day no nation 
 would submit to. Lord North may be compared to Pitt, at a later 
 period of our history, who would listen to no terms whatever with 
 Napoleon, but to use his own words, " coûte qui coûte," Bonaparte 
 must fall. — Trans, 
 
AMERICA AND THE AMERICANS. 187 
 
 obtain her independence. In the second war who had the 
 advantage ? did not the United States ? Which of the 
 two parties made concessions at the Treaty of Ghent ? it 
 certainly was not America. England recognized her limits, 
 and expressly renounced her right to visit her vessels, and 
 press her seamen. And that was the origin of the war. 
 
 I imagine, and most heartily do I hope, that America 
 will be many, many years before she is drawn into a Euro- 
 pean war. The United States are now too powerful to 
 fear any of them ; while every nation possessing a mari- 
 time commerce, with the exception of England (and she 
 would be wounded in her heart's core), would infallibly see 
 it destroyed should they molest her. 
 
 Hence, with this view of the matter do I believe that 
 many years of peace and prosperity will be guarantied to 
 her. 
 
 THE NAVY. 
 
 " The world has furnished no example of a flourishing commerce 
 without a maritime protection; and a moderate knowledge of man 
 and history will convince any one that no such prodigy ever can 
 arise. A mercantile marine and a military marine must grow up 
 togethei' — one cannot long exist without the other." — John Adams 
 — Message, Nov. 28, 1797. 
 
 " It were indeed a vain and dangerous illusion to believe, that in 
 the present or probable condition of human society, a commerce so 
 extensive and so rich as ours could exist and be pursued in safety 
 without the continual support of a military marine ; the only arm 
 by which the power of this confederacy can be estimated or felt by 
 foreign nations, and the only standing military force which can 
 never be dangerous to our own liberties at home. A permanent 
 naval peace establishment, therefore, adapted to our present condi- 
 tion, and adaptable to that gigantic growth with wliich the nation is 
 advancing in its career, is among the subjects which have already 
 occupied the foresight of the last Congress, and which will deserve 
 your serious deliberations... .The rules and regulations by which it 
 is governed urgently call for revision, and the want of a naval school 
 of instruction, corresponding witli the Military Academy at West 
 Point, for the formation of scientific and accomplished officers, is 
 felt with daily increasing aggravation" — John Quincy Adams — 
 Message, Dec. 1825. 
 
 " Reason shows, and experience proves, that no commercial pros- 
 perity can be durable, if it cannot be united, in case of need, to na- 
 
188 AMERICA AND THE AMERICANS, 
 
 Tal force. This truth, is as well understood in the United States 
 as anywhere I cannot refrain from believing that the Anglo- 
 Americans will one day become the first maritime power on the 
 globe." — Alexis De Tocqueville. 
 
 VESSELS OF WAR Oct. 1848. 
 
 In the Pacific. — Ohio, 74 guns; Congress, 44; Independence, 
 54 ; Warren, 20 ; Fredonia, 4 ; St. Mary, 20 ; Dale, 16 ; Lexington 
 (store), G ; Southampton, 4. Commodore T. Ap. C. Jones, com- 
 manding. 
 
 Mediterranean.— \]yi\iQÔi States, 44 guns; Marion, 16; Taney, 
 schooner, 3 ; Princeton, steamer, 9 ; Alleghany, do. ; Erie (store), 
 4; Supply (store), 4. Commodore W. Bolton, commanding. 
 
 Brazil Coas?.— Brandywine, 44; St. Louis, 20; Perry, 10. Com- 
 modore G. W. Storer, commanding. 
 
 African Coast. — Portsmouth, 20 guns; Jamestown, 20; Deca- 
 tur, 16; Porpoise, 10 ; Bainbridge, 10. Commodore Ben. Cooper, 
 commanding. 
 
 Home Squadrcn. — Raritan, 44 guns ; Saratoga, 20 ; John 
 Adams, 20; Albany, 20; Germantown, 20; Flirt, 2; Iris and Wa- 
 terwitch (steamers), each 1 ; Electra (store), 2. Commodore Wil- 
 kinson, commanding. 
 
 Coast Survey. — Wave, 1; Phoenix, 1; Vixen (steamer), 3. 
 Lake Service. — Michigan (steamer), 1. European Seas. — St. Law- 
 rence, 44. East Indies. — Plymouth, 20; Preble, 16; Dolphin, 10. 
 
 Preparing for Sea. — (At New-York) Relief, store ; (at Boston) 
 Constitution, 44; (at Norfolk) Columbia, 44; Vandalia, 20. 
 
 Receiving Ships in Commission. — Pennsylvania, 120 guns ; 
 Franklin, 74; North Carolina, 74; Ontario, 18; Union (steamer), 4. 
 Vessels in Ordinary. — Columbus, 74; Delaware, 74; Potomac, 
 44 ; Savannah, 44 ; Cyane, 20 ; Constellation, 36 ; Macedonian, 36 ; 
 Vincennes, 20; Falmouth, 20; Fairfield, 20; Levant, 20; York- 
 town, 16 ; Petrel, 1 ; Mississippi (steamer), 10; Fulton (steamer), 
 4 ; Cumberland, 44. 
 
 Tenders. — Steamers Engineer and General Taylor. 
 
 On the Stocks. — Alabama, 74 guns ; Vermont, 74 ; Virginia, 74 ; 
 New York, 74 ; New Orleans, 74, (at Sackefs Harbor, Lake Onta- 
 rio,) ; Santee, 44 ; Sabine, 44 ; Saranac,44; Susquehanna, 44 ; Pow- 
 hatan, 44; also 4 first-class steamers at Kittery, Me., Brooklyn, 
 Philadelphia, and Gosport. 
 
 By comparing the above list of war ships with annexed lists of 
 ofiicers, a pretty correct judgment may be obtained as to the pro- 
 portion they bear to each other. In 1842, in Congress, Mr. Fillmore 
 " believed that there was no limitation on the appointing power 
 with reference to the number of officers, or the grade to be given 
 them ; of course there was but little responsibility." — There are 
 some limits now. 
 
 We have b en unable to find any official list of the ofiicers, crews, 
 &c., of the several ships. The Bureau of Construction estimates the 
 pay of officers and seamen for 1849 at $2,600,000, but says nothing 
 as to the number oî men and boys, nor how many are in each ship. 
 
 Secretary of the jYavy — John Y. Mason, Virginia, $;6,000. 
 Chief Clerk, Robert W. Young, ^2,000 ; other 11 clerks, at 
 
AMERICA AND THE AMERICANS. 189 
 
 $;1 ,000 to ^1 ,500. Estimate of tlio expenses of the Secretary's office 
 for 1848-9, $24,790. 
 
 BUREAU OF NAVY YARDS AND DOCKS. 
 
 Chief, Commodore Joseph Smith, Ms., $3,500. — Civil Ens^ineer, 
 W. P. 'S.Sanger, Ms., ."1^2.000.— Five Clerks, &c., $700 to .$;1,400; 
 Six Civil Enî^ineers, at New York, &c., at .$1 ,500 to .f 2,500 each ; 
 Six Agents, for preserving live oak, at $200 to .$2,000 each. They 
 asked a supply of $1,837,155 for 1849, including another $350,000 
 for the Dry Dock at Brooklyn. 
 
 BUREAU OF ORDNANCE AND HYDOGRAPHY. 
 
 Chief, Lewis Warrington, Ya. (who took the Epervier, April 
 28, 1814), $3,500; Six Clerks, &c., at $700 to $1,200. 
 
 BUREAU OF CONSTRUCTION, EQUIPMENT, ETC. 
 
 Chief, Charles W. Skinner, Me., .$3,000 ; Ten Clerks, &c., at $700 
 to $1,400. Engineer, C. W. Copeland, Con., (at New- York) $2,500. 
 
 Chief JK'aval Constructor, Francis Grice, N. J., (Washington) 
 $3,000. 
 
 JVaval Constructors, $2,300 each— S. M. Pook, Ms., (Boston); 
 Benjamin F. Delano, Ms., (Portsmouth); Samuel Hartt, Ms., 
 (New-York); Samuel T. Hartt, (Norfolk); C. G. Selfridge, Ms., 
 (Pensacola) ; J. Lenthall, D. C, (Philadelphia). They estimate 
 the expenscsof repairs for 1849, and fuel, at $2,500,000; and for 
 the 4 first-class steamers on the stocks, $1,200,000. They value 
 the stores on hand at the Navy Yards, July 1, 1847, at $6,158,858 ; 
 besides stores, value $1,940,558 under the care of the Ordnance 
 Bureau. 
 
 ENGINEER CORPS. 
 
 Engineer-in-Chief, Charles H. Has well, N. Y.,. $3 ,000. 7 Chief- 
 Engineers, at $1,200 to $1,573. 49 Assistants, at $350 to $973 
 each. 
 
 JS'^aval Storekeepers, S>çc.,\^ (it $1,400 to $1,700 each — at vari- 
 ous stations. 
 
 NAVY AGENTS AND THEIR STATIONS. 
 
 Prosper M; Wetmore, Con., New York ; Joseph Hall, Boston; 
 S. D. Patterson, Pa., Philadelphia; Joseph White, Ire., Baltimore ; 
 John M. Bell, Tenn.,New Orleans; W. Anderson, Va., Pensacola ; 
 Cohen, S. C, Savannah ; George Loyall, Va., Norfolk ; S. Cush- 
 man, Me., Portsmouth, N. H. ; W. B. Scott, Md., Washington; J. 
 S. Watkins, Va., Memphis. 
 
 BUREAU OF PROVISIONS AND CLOTHING. 
 
 Chief, Gideon Welles, Con., $3,000. Six Clerks, &c., !*k700 to 
 $1,400 each. 
 
 Although Secretary Mason states that there are but 8,000 men 
 in the Navy, this bureau makes es"imates of provisions for 10,000, 
 also for 1,018 officers in the sea service, and 1,113 marines, — total, 
 4,427,815 rations at 20 cents, $885,563. 
 
 BUREAU OF MEDICINE AND SURGERY. 
 
 C^i>/, Thomas Harris, Pa., .$2,500. Surgeon, clerks, and mes- 
 senger, $700 to $1,400. 
 
190 
 
 AMERICA AND THE AMERICANS, 
 
 In the American navy there are five commanders of squadrons, 
 with the rank of Commodore. They are thus distributed : Home 
 Station, Coast of Brazil, Pacific Ocean, Mediterranean and Coast 
 of Africa. Their pay is, in service, ^4,000 per annum; on other 
 duty, S3,500; off duty, .'tt2,500. 
 
 There are eiglit commanders of navy yards who are stationed at 
 Portsmouth, Boston, New York, Phihidelphia, Washington, Nor- 
 folk, Pensacola and Memphis. Their pay is, $2,"'100 per annum. 
 
 There is one naval asylum, at Philadelphia, and one naval school, 
 at Annapolis, Maryland.* 
 
 In Sept., 1847, captains, 68; natives of Va. 14, Md. 11, Pa. 10, 
 N. J. 6, N. Y. 6, N. E. 12, S. C. 2, Eng. 2, Ire. 1, La. 1, Ga. 1, Del. 1, 
 Ky. 1. 
 Of the above, there were, senior captains, 15 in sea service, com- 
 
 manding in navy-yards or other duty, at !^4,500 
 Nineteen on leave or waiting orders (that is, doing 
 
 nothing), at $3,500 
 
 Five captains of squadrons, at ^"4,073 
 
 Nine other captains at sea, &c., $■3,500 . 
 
 Twenty other captains on leave, &c. (that is, unem 
 
 ployed), at $^2,500 
 
 Of commanders, ninety-seven, viz. : 
 Twenty-nine in sea service, at $2,573 .... 
 Twenty-three in navy-yards, &c., at $2,100 . 
 Forty-three waiting orders, or absent on leave (on 
 
 shore, doing nothing), at $1,800 .... 
 
 $.67,500 
 
 66,500 
 20,365 
 31,500 
 
 60,000 
 
 $^235,865 
 
 $•74,617 
 48,300 
 
 77,400 
 
 $•200,317 
 
 327 LIEUTENANTS — Oct. 1847, 
 
 Of whom 320 are natives of the U. S., three of the W. I., two of 
 Ireland, one of England, one of Spain. 
 
 17 lieutenants commanding, .$1,873 .... $31,841 
 
 154 do. in sea service, .$1,573 .... 242,242 
 
 61 do. in navy-yards, &c., $;1,500 . . . 91,500 
 93 do. waiting orders or on leave of absence (that 
 
 is, ashore and unemployed), $1,200 .... 111,600 
 
 $477,183 
 Now that the quarrel with Mexico is settled, the number of idle 
 lieutenants, at .$1,200 a-year, will have greatly increased. 
 
 SURGEONS — Oct. 1847. 
 
 Assistant do. 40. 
 4 of Ire., 2 W. I., 1 Scot., 
 
 Surgeons 69 ; Passed Assistant do. 33 
 
 Of whom 134 are natives of the U. S. 
 1 Spain. 
 
 There are some 20 rates of income, from $650 a-year up to 
 $;2,700, with $73 for a ration, if on sea service. Suppose the aver- 
 age of the 142 to be .$1,600, and we have $227,200 a-year of pay. 
 
 * The original charter of Maryland was granted to Lord Baltimore, in 1632. 
 It was first settled by Catholics, in 1634, at St. Mary's. In convention, April 
 28, 1788, it adopted the Constitution of thé United States— yeas 63, nays 12. 
 
AMERICA AND THE AMERICANS. 
 
 191 
 
 Of the surgeons 14, and of the assistant do. 14, were unemployed, 
 ' waitinsç orders ' or absent on leave. This was in war times. Some 
 were sick. 
 
 TWENTY- FOUR CHAPLAINS, 
 
 18 at $il,200, on duty ; 6 at ^800, ashore, &c. 
 
 SIXTT-FOUR PURSERS Oct. 184'i 
 
 Samuel Forrest, D. C, Ohio, 74 guns 
 Edw. T. Dunn, D. C, Columbus, 74 . 
 \Vm. Sinclair, Ms., Cumberland, frigate 
 Joseph H. Terry, N. Y., Brandy wine, fr. . 
 Dudley Walker, Ms., Columbia, fr. 
 Wm. Speiden, D. C, Congress, fr. 
 Horatio Bridge, Me., United States, fr. 
 Edw. Fitzgerald, Pa., Pennsylvania, 120 gs. 
 B. J. Cahoone, 11. I., North Carolina, 74 
 T P. McBlair, Md., Franklin, 74 
 Sterrett Ramsay, J*a., navy-yard, Pensacola, 
 H. W. Greene, N. H., Razee Independence . 
 
 Other Pursers— 16 at .'|;2,000—;ii 32,000. 14 at $1,500- 
 On shore, unemployed, 18, at l;f'l,000 to $>1,800 each. 
 
 Natives of U. S. Go ; of Ireland 1. (Erie, 8 guns.) 
 
 216 PASSED MIDSHIPMEN — Oct. 1847. 
 
 $3,500 
 3,500 
 3,000 
 3,000 
 3,000 
 3,000 
 3,000 
 2^00 
 2,500 
 2,500 
 2,50^ 
 3,000 
 !ii21,000 
 
 176 at sea, at !|;82o 
 12 various duties, at .'|t!750 
 28 unemployed or sick, at 
 
 $144,848 
 9,000 
 16,800 
 
 .<n70,648 
 Natives of the U. S. 214; ofEng. 1, (Madison Rush;) of S. A. 1. 
 
 223 MIDSHIPMEN— Oc^. 1847. 
 
 If in sea service $'473 a-year ; land do. $350 ; on shore unem- 
 ployed .'tf300. There were 65 at a naval school ; 24 were " waiting 
 preparatory examination." On an average, probably, 223 were 
 receiving .'ii380 each, including one ration to those at sea, .'i|84,740. 
 
 Natives of the U. S. 221; S. A. 1 ; Fr. 1. 
 
 The Act of Aug. 1848, provides for the appointment of 464 mid- 
 shipmen, who are to be taken as equally as possible from each 
 Congressional District, (many of which are far inland .') Whether 
 this is the best mode to encourage an<l reward capable young sea- 
 men, wherever born, is a matter of opinion. More than ISOpassed- 
 midshipmen may receive pay, under a suspension of the Act of 
 March 3, 1845. 
 
 OTHER NAVAL. OFnCERS AND AGENTS. 
 
 31 Masters, at $;750 to $1,173 ; 147 boatswains, gunners, carpen- 
 ters, and sailniakers, at .'«•500 to ,'{•873 ; 21 professors of mathe- 
 matics, at .''fl,200— of whom 11 were unemployed, Oct. 1847 ; the 
 Act of last August limits their number to 12, increases their wages 
 to $1,500, with a ration, value $73, when on duty, and half pay, or 
 more, when idle. 
 
192 AMERICA AND THE AMERICANS. 
 
 MARINE CORPS. 
 
 Col. Commandant, Archibald Henderson, Va., (Brigadier Gen. 
 by brevet;) Major P. G. Howie, Va., Adjt. ; G. W. Walker, D. C, 
 Paymaster ; A. A. Nicholson, S. C, Quartermaster; S. Miller, Ms., 
 Lieut. Col. — 4 Majors, 17 Captains, 24 First Lieutenants, 23 Second 
 Lieutenants. Natives of the United States, 72 ; Ireland, 1. 
 
 The pay of the colonel is |;75 per month, with 19 rations and al- 
 lowances; and the suras paid under the name of rations vary. 
 Ex. Doc. 1, Dec. 1847, has the estimate for 1848-9 ; 75 commissioned 
 officers, pay and allowances, f 60,746; 324 sergeants, corporals, 
 drummers and fifers, $40,296 ; 2,000 privates, at $7 per month, 
 168,000 ; 81 officers' servants, at ,*f|;8,50 per month, food and cloth- 
 ing, }^-8,262; extra rations to officers five years in army, Jfpl3,724. 
 The income of the 75 commissioned officers in this corps, for a year, 
 exceeds the income of 1,000 of the. privates by if|)7,732. 
 
 NAVAL PENSIONS 
 
 Amount for 1846-7, $123,232. In Ex. Doc. 1, Dec. 1847, these 
 alloAvances are given in full detail. A seaman's widow gets $6 a 
 month; a commander's widow, $30 ; a lieutenant's widow, #25; a 
 captain's widow, .$50 ; a marine's widow, $3,50. . Invalid seamen, 
 $1,50 to $8,50 per month; a commander, $30; a lieutenant, $25. 
 It is just to uphold those who are maimed and broken down in the 
 naval or military service. 
 
 NAVAL EXPENDITURE. 
 
 From pages 314 to 321, of Ex. Doc. 7, Dec. 1847, we select the 
 following particulars of payments made in 1846-7 : 
 
 " Pay and subsistence of the Navy ;" both are blended in one item, 
 and all we can learn is, that $2,847,445 were paid out, through 
 certain pursers and navy agents, and that $1,523,253 remained in 
 the hands of, we know not who, unexpended. How the public can 
 judge of accounts thus presented, we see not. Pay of superinten- 
 dents, $67,131, is next; then $746,329 for provisions; $62,599 for 
 clothing; surgeons' necessaries $49,772 ; " increase, repair, arma- 
 ment and equipment of the navy," $1,601,325; fuel for steam ves- 
 sels, $12,955. Navy-yards $727,278, of which .$325,000 were laid 
 out in New York. Contingent expenses of the navy, $541,000 (no 
 particulars); books and maps, $34,811; relief bills, $113,881; 
 Mexican hostilities, expended $2,450,095 ; pay, provisions, subsis- 
 tence, clothing, stores, "for the Marine corps," $294,052. Fuel, 
 transportation, recruiting, barracks, and contingencies, marine 
 corps, $44,572. In all $9,832,883 were paid out, and $3,409,052 
 remained on hand, to another year's credit. 
 
 In Ex. Doc. 1, Dec. 1847, Secretary Mason adverts to the Act of 
 1846, increasing the navy to 10,000 men and says its numbers in 
 1847 did not exceed 8,000. We nowhere find an official statement 
 of the men on board each ship, but a clear account is given of the 
 marines and their pay. 
 
 Votes in Congress, August 3, 1848, for year 1848-9. Improve- 
 ments and repairs at navy -yard, Portsmouth, Va., $55,551 ; do. at 
 Boston, $97,351 ; do. at New York, $106,000 ; Brooklyn Dry Dock, 
 $350,000 ; for land to be bought near the Brooklyn Navy -yard and 
 the Wallabout, $285,000; repairs, &c., Philadelphia, $14,500; do. 
 
AMERICA AND THE AMERICANS. 193 
 
 at Norfolk, Va., $144,136 ; do. at Pensacola, $209,625 ; do. at Mem- 
 phis, $174,038 ; at Sacket's Harbor, $2,000 ; $477,826 to uphold the 
 marine corps, on the peace establishment, which had it been 915, 
 as in 1817, officers included, would make the cost $522 per man ; 
 improvements to naval school, Annapolis, $17,500 ; towards erect- 
 ing floating dry docks at Philadelphia, Pensacola, and Kittery in 
 Maine, $400,000. 
 
 NAVAL. RANK AND SERVICE. 
 
 Secretary Upshur, in his report of December 4, 1844, says : 
 
 " Additional ranks in the Navy would be eminently useful as an 
 instrument of discipline. The post-captain of to-day is precisely 
 equal in rank to the oldest post-captain in the service. He feels 
 his equality from the first moment that he attains it, and at the 
 same moment the disinclination to be commanded and controlled by 
 his equal rises with him. He will not willingly submit to learn as 
 a scholar, what his own position authorizes him to teach. He looks 
 to a separate command for himself; he begins to lay down systems 
 of liis n, and turns a deaf ear to the lessons of experience im- 
 parted by older heads, because they cannot claim any higher rank." 
 
 The New York Courier &ç Enquirer proposed one Admiral, four 
 Vice-Admirtils, and eight Rear-Admirals, in 1842, to begin with, at 
 an average increase of pay, each, of $2,000 or $26,000 additional, 
 yearly. Are $6,500 a-year, in addition to higher rank, essential 
 as means of securing respect, or of supporting the incumbent and 
 his family .' Soon after Congress declared our independence of 
 Europe they resolved (Nov. 15, 1776,) that the higher grades of 
 rank of the naval officers be Admiral, Vice-Admiral, Kear-Ad- 
 miral, and Commodore, equal to those of General, Lieutenant Ge- 
 neral, Major-Gcneral, and Brigadier-General, in the land service ; 
 but they never appointed an Admiral. 
 
 In 1842, Mr. Sprigg, in the House of Representatives said, that 
 
 "The case, as he had learned from officers of experience, wag 
 this : a midshipman, after receiving his appointment, went to sea 
 for two or three years, and then had to wait on shore five or six 
 years before he was made a lieutenant. The consequence was, 
 that when he went to sea again, he had nearly forgotten what little 
 he had learned. There were upwards of 250 officers ' waiting or- 
 ders' in 1841, and at that very time, when there was not enough to 
 do for those already in commission, 140 more were appointed." 
 
 Mr. Elihu Burritt states, that from 1815 to 1823, eight years, 
 there were 28 Captains whose average term of service v/as less 
 than two years ; 30 Commanders, a little over two ; 172 Lieuten- 
 ants less than three and a half. In 1845, three hundred and sixty - 
 nine naval officers were on shore, unemployed, waiting orders. 
 
 On December 22, 1885, Judge Vanderpoel, in the House of Rep- 
 resentatives, said, that 
 
 " Commissions in the Army in the time of peace, were, compara- 
 tively, sinecures. Barring the toilsome and honorable expedition 
 against Black Hawk, and an occasional chase after a few retreating 
 and predatory savages, what has your army done, or rather what 
 has it had to do, since the peace of 1815 .' It had done all that had 
 been required of it, but it could, in the nature of things, have but 
 little or nothing to do. Not so with the Navy— our vast and grow- 
 9 
 
194 AMERICA AND THE AMERICANS. 
 
 ing commerce must be protected, the pirate must be driven from 
 the ocean." 
 
 Our commerce would be none the worse protected, were merit 
 made the passport to naval promotion, and the sons and other rela- 
 tives of persons in office allowed to take their chance as naval ap- 
 prentices, instead of being nearly the only class allowed to rise in 
 the service. 
 
 NAVAL PUKISHMENTS AND REW^ARDS — COURTS MARTIAL 
 
 FLOGGING. 
 
 The law allows a citizen-sailor to receive 100 lashes for an of- 
 fense not capital, and any number more lashes for a capital oifense, 
 on the verdict of a Court composed of 5 to 13 officers, without a 
 jury : and although the Court happen to be divided into 7 ayes and 
 6 noes. The act of August, 1848, requires an annual report of the 
 number of sailors flogged in each ship, stating the offense and how 
 many lashes were inflicted. There would be more equity in such 
 sentences were merit the only passport to naval promotion ; for, 
 in that case, officers who had once been common sailors, suffered 
 their privations, and felt as they feel, would be umpires. But the 
 hardy sailor, to whom all hope of promotion is denied, is tried by 
 a jury, not of his equals, but of his officers, who monopolize poAver, 
 preferment, large incomes and high honors. This sort of trial oc- 
 casionally subjects seamen, the citizens of this Republic, to be 
 publicly flogged like a disobedient hound, but no commissioned or 
 warrant officer is ever flogged for any offense. 
 
 In the JV. Y. Evening Star, of July 16, 1840, we find part of a 
 note, written on board the North Carolina, 74 : 
 
 " Respecting that man who Avas flogged here yesterday, he was 
 seized up in the gangway and took 120 lashes with the cats, used 
 by three boatswain's mates, without a flinch, and afterwards vowed 
 revenge upon the authors of it, clenching his fists at the time and 
 laughing as if nothing had taken place, and I think be is a very 
 likely person to fulfil his promise. He has had, altogether, since 
 his six years in the service, 1020 lashes." 
 
 A few years since, a commander in the Navy, now a post-captain, 
 and in the receipt of $3,500 a-year, was tried on charges of op- 
 pression and cruelty, for striking the men with his fists, knocking 
 them down and stamping upon them, and inflicting illegal punish- 
 ments with the cat and other instruments of torture. There were 
 eight specifications, and ample proof, through the evidence of of- 
 ficers of undoubted reputation. His brother captains, of the Naval 
 Court, sentenced him to three years' suspension Avithout rank, 
 which the Executive reduced to a year, through the influence of some 
 members of the Court that found him guilty. Is this just and 
 equitable ? 
 
 When Mr. Calhoun was Secretary of War, Congress cavised some 
 inquiry to be made relative to cases of wanton cruelty in the Army, 
 and the publication of their Report produced for a time the best 
 effects. Mr. C. greatly improved the practice in that department. 
 The case of the Vomers is still fresh in the public mind, although 
 the principal actors in that tragedy are no longer numbered with 
 the living, and the floggings there proved, as well as in other trials 
 of great interest, ought to have produced a change from a partial 
 system to one that would duly check both officers and men. 
 
AMERICA AND THE AMERICANS. 195 
 
 Prom sentences by Courts Martial, or proceedings like these on 
 board the Somers, even if unjust, the U. S. District Court at New 
 York decided, in 1843, that parties aggrieved had no remedy by 
 an appeal to the civil tribunals and refused to " arraign the par- 
 ties accused on a matter touching their lives ;" nor did Congress 
 interfere. Our naval system copies British usages not in accord- 
 ance with our Republican Institutions. Even in the division of 
 prize money, the whole of the " seamen, ordinary seamen, marines 
 and boys," get but ^'35,000 among them, while the officers divide 
 !Ji)C5,00b, where the prize taken is $,'100,000. 
 
 The Act of April 21, 180(3, reduced the Navy to a mere handful 
 — 13 cîïptains, 9 commanders, 72 lieutenants, 150 midshipmen, with 
 enough of surgeons, pursers, &c. ; no officer to get more than half 
 pay unless on actual service ; also 925 seamen and boys. The 
 Navy now bears a far larger proportion to the whole population, 
 and requires the utmost attention from Congress. 
 
 Were rewards more plentiful and punishment less unequal in 
 the Army aiid Navy, especially the latter, both services would be 
 gainers in efficiency. Von Miiller, in vol. 1 of his Universal His- 
 tory, tells us, that in ancient Rome — 
 
 " The soldier who had saved the life of a citizen, who had killed 
 his enemy, or maintained his post as long as the contest continued, 
 obtained as his reward the civic crown. It was intended that each 
 vian should exert himself as much foi' his comrade as forAhe highest 
 officer, and therefore the same crown was the only reward for sav- 
 ing the life of a General. This badge was worn during life, and 
 when a plebeian entered the theater with it on his head, the sena- 
 tors arose from their seats, and the parents of the fortunate man 
 obtained an exemption from all taxes. He who had saved the 
 whole Army or the camp, obtained, by the decree of the Senate 
 and the people, the crown of grass. When the younger Decius, 
 the Consul Avho fell heroically in the war of the Samnites, obtained 
 this honor, he offered to the gods a hundred oxen." 
 
 We are too sparing in this way. A brave seaman, who signal- 
 ized himself on board the Ocean Monarch, has, it is true, obtained 
 special marks of public approbation, but what gold could equal, to 
 a true American, such lasting honors as the civic crown and the 
 crown of grass, or their equivalents .'' 
 
 VESSELS OF WAR IIST THE UNITED STATES NAVY, AUGUST, 1848. 
 
 Ships of the Line, 11, mounting, Pennsylvania 144, 
 
 others 74 each, . . '^ . . 884 guns. 
 
 Independence, Razee, . . . . 54 " 
 
 Total, . . .938 
 
 Frigates, 1st class, 12, mounting each 44, . 528 guns. 
 
 Do 2d do 2, do 36, . . 72 " 
 
 Sloops of War, 22, mounting, sixteen 20, one 18, five 16, 418 " 
 Brigs, 4 mounting each 10, ... 40 " 
 
 Schooners, 10; Bomb Vessels, 5; Steamers, (of these the Missis- 
 sippi is armed with 11 Paixhans,) 14 ; Store Ships and Brigs, 6. 
 
196 AMERICA ANÎ) THE AMERICANS. 
 
 MARINE CORPS. 
 
 The Marine corps has the organization of a brigade, and now 
 numbers 58 commissioned ofl&cers, and 1,295 non-commissioned of* 
 ficers, musicians, and privates, in all IjSSS men. 
 
 The pay and allowances of the officers of the Marine corps are 
 the same as those of officers of the same grades in the infantry of 
 the Army, except the Adjutant and Inspector, who have the same 
 pay and allowance as the Paymaster of the Marines. The Marine 
 corps is subject to the laws and regulations of the Navy, except 
 when detached on service with the Army by the order of the Presi- 
 dent of the United States. The head-quarters of the corps are at 
 Washington. =* 
 
 P. S. — In closing these chapters on the subject of the Army, Navy, 
 Marine, &c., of the United States, I have derived much valuable 
 information, in a statistical point of view, from " The American 
 Almanac for 1849," also from " The Whig Almanac" for the same 
 year. 
 
 * According to the provisions of the Act of March yd, 1847. the Marine corps, 
 at the closer the war, was reduced as above. The selection of the officers to 
 be dropped was made by a board of stait-officers of the corps. August 14th, 
 1848, and approved by the President, August 17th, 1848. 
 
CHAPTER IX. 
 
 THE INDIANS. 
 
 Missionai-ies — President Monroe's Plan of Locating the Indian 
 Tribes — Cooper's " Prairie " — Sioux Indians— Indian Chief Te- 
 cumseh — Victory of General Jackson — The Government of the 
 Indians — Mexico and America — Mr. Austin in Texas — Ultimate 
 Destiny of Mexico — Opinion of Buifon — Anecdote of the Emperor 
 Francis of Austria — Metternich and his Model — Himgarian 
 J3ushmen — Character of the Indian — His Present Condition — 
 The Indians — In Constant War with the States — Its Consequen- 
 ces — The Indian Question — Nubia — Abyssinia — The Hindoos — 
 Chinese — St. Domingo — Mexico — State of Europe — Indians of 
 North and South America — Georgia — John Ross — His Utopian 
 System. 
 
 The Indians, in their relative position towards the United 
 States, are not undeserving of notice, — inasmuch as the 
 Republic is more or less unfortunately constantly engaged 
 in petty warfare with the various tribes, and repelling them 
 from the frontiers of the States. An attack on their part 
 brings on a war, followed by a treaty and cession of ter- 
 ritory ; which territory is sold, and becomes rapidly peo- 
 pled ; the white and red man find themselves again in 
 communication with each other ; the consequences of 
 which are invariably a dispute, a new war, and again a 
 cession of territory ; and this will ever continue until 
 civilization is carried to the shores of the Pacific Ocean, 
 and the Indian race becomes ultimately extinct. 
 
 I am no pseudo-philanthropist, and will frankly confess 
 that this is a most desirable result. It is a question, like 
 many others of its nature, of which they have not the 
 slightest notion in Europe, on which much idle nonsense 
 is discussed, treating it with that morbid sentimentality so 
 much in vogue among philosophers at the end of the last 
 
198 AMERICA AND THE AMERICANS. 
 
 century. When two races of men, differing in every re- 
 spect from each other, in social and moral feeling, find 
 themselves inhabiting the same soil, they must necessarily 
 amalgamate as it were, or the one be subject to the other, 
 or destroyed. Let us reason on the first of these alterna- 
 tives, which has been the result of all our conquests. 
 The Jews are the only people who have continued to live 
 in an isolated state. The barbarians who invaded Europe 
 soon became amalgamated with the conquered ; the Tar- 
 tars are an instance of this with the Chinese, and this was 
 at all times the system of the policy of the Romans ; 
 although in all cases the equality of race was maintained, 
 they were of a white or yellow complexion, endowed 
 with an equal degree of intelhgence ; and in the event of 
 any little difference existing betv/een them, it arose solely 
 from accidental causes, produced from the effects of cli- 
 mate, and mode of living ; there was no radical difference 
 in the races. 
 
 The various parts of the world were originally inhabited 
 by distinct races of mankind, each of which was more or less 
 perfect ; among whom, civilization became in its progress 
 arrested from the moment the intelligence of that race 
 acquired all the development of which it was susceptible : 
 thus we see the negro race (if we may form our opinion 
 from the geological position of the continent which they in- 
 habit — probably the most ancient in the world) remaining 
 in a state of comparative barbarism ; especially on the 
 coast of Guinea, in Nubia, and Abyssinia, where they still 
 live in the same manner as in the most remote periods of 
 antiquity, and where the state of slavery and the traffic in 
 slaves continues as heretofore to this day. The present 
 state of civilization among the Indians is precisely the 
 same as that of the days of Alexander ; and it would ap- 
 pear, that even then, they had already arrived at a state of 
 equilibrium or equality as regards their wants and faculties. 
 China may be viewed in the same light ; the Arab race, 
 
AMERICA AND THE AMERICANS. 199 
 
 which, although white, is very different from ours, presents 
 tlie same phenomenon ; from the time of Abraham and 
 Assuerus, it had arrived at the same degree of equahty. 
 The real treasure of civilization rests with the European, 
 to whom is confided the charge of extending it throughout 
 the world. Our race, however, is by no means pure ; it 
 is the fortuitous result of a mixture of races crossed, pos- 
 sessing however very little apparent difference. And it 
 becomes a question to ascertain, whether, if in crossing 
 our race with another of a less perfect character, the cause 
 of civilization would gain or lose ? It is useless to reason 
 in support of opinions, in proof of which we cannot ad- 
 vance the testimony of past experience. My own personal 
 opinion, however, founded on the knowledge I have formed 
 of the many men of the mixed American races is, that we 
 gain nothing from this amalgamation, and this experience 
 has proved over and over again, ever since the existence 
 of the world. 
 
 In St. Domingo, the white and black race will have 
 totally disappeared in two or three generations ; while in 
 course of time, the population will consist entirely of mu- 
 lattoes of a uniform complexion. The same will be the 
 case in all the Antilles or West India Islands, with this 
 difference, however, that each will vary in color according 
 to the proportion existing in the elementary castes. In 
 Mexico, the red race predominates, there being many 
 more whites than negroes. The Mexican complexion will 
 therefore be in a few generations a proportionate medium 
 between the three castes. This applies to the whole of 
 South America, each State, however, having these three 
 elements in very different proportions. For example, 
 there will exist much greater difference between a Mexi- 
 can and an inhabitant of Guatemala (where the negroes 
 and red people are in equal numbers, and infinitely supe- 
 rior to that of the whites), than between a Spaniard and 
 an Englishman of the present day. This will ever tend 
 
200 AMERICA AND THE ABIERlCANg. 
 
 to separate the different States of South America, although 
 the whole of them emanate from one common origin, and 
 are bound by the ties of language and religion. 
 
 While, however, the experience arising from this cross- 
 ing of different races is on an extensive scale, I look for a 
 contrary result ; that of maintaining our white race in all 
 its purity, and placing it under the most favorable circum- 
 stances, v/ith all due regard to the development of all its 
 physical and intellectual faculties. 
 
 So long as the inhabitants of the Antilles will fall back 
 into their primitive state of barbarism, and abandon the 
 experience and comforts of life which civilization has 
 taught them, —so long as South America retrogrades in 
 civilization, as has been the case ever since she threw off 
 the Spanish yoke, — so long as ancient Europe, a prey to 
 intestine commotion with its kings, nobility, and clergy 
 shall make vain efforts in order to disengage themselve 
 from the shackles which these monarchical institutions im- 
 pose upon them, and the civilization of Europe, — so long 
 as they are threatened by an invasion of Basquirs and 
 Calmouc Tartars, I would look into the future and see the 
 white man free — without obstacle to his mind or genius, 
 going forth in all the pride of conscious supremacy — ex- 
 ercising that mind on the true principles of civilization — 
 improving the same — living in peace with all, and, as a 
 reward for his industry and toil, living in the enjoyment of 
 abundance, luxury, and the arts. For the accomplishment 
 of this result, however, nature must here undergo a change ; 
 her forests give place to towns and capitals, and the red 
 man disappear or become civilized. 
 
 The second alternative is impossible, or at least can ex- 
 ist but a few years. The Spaniards, however, acted upon 
 this principle in all their colonies : they conquered the red 
 race, and subdued them to a complete state of slavery, 
 which, however, was not of long duration, for a mixed 
 race soon succeeded as a natural consequence. It would 
 
AMERICA AND THE AMERICANS. 201 
 
 be folly to suppose for one moment, that the United States 
 could altogether subdue the Indians. Those of the Mex- 
 ican islands and Peru, were cowardly and effeminate, and 
 were made for subjection ; but the Indians of North Ame- 
 rica are brave, manly, and warlike to a degree. You 
 ma}" kill them, or put them to torture ; but to compel 
 them to work, or draw tears from them, — never ! Even 
 those among them who are half civilized and cultivate the 
 land, do not work themselves, but through the hands of 
 their negroes : this repulsive feeling for work exists in 
 those sprung from the Indian and white race. I know none 
 who would engage in manual labor, while those among 
 them who have received a good education either live a 
 life of listless idleness, or become preachers, rather than 
 devote their services to commerce or the bar. 
 
 There hence arises the third or last alternative, that 
 of extermina'iing the race. Upon this point I wish to 
 come to a proper understanding. Believe not for a mo- 
 ment that I would countenance the horrible massacre 
 committed by the Spaniards, in St. Domingo and Cuba ; 
 imagine not that I would preach a crusade against the red 
 man, and make the forest resound with the cries of its 
 victims, — never ! I apply the term to the race^ not the 
 individuals, for experience in the United States has proved 
 that the best means of accomplishing this object is to 
 treat the Indians well, and teach them civilization. The 
 result of which is, that they commence a life of peace and 
 prosperity, while the race becomes extinct. 
 
 The plan which the United States has followed up to 
 the present day, after having conquered an Indian tribe, 
 has been to disseminate it over a fertile country of tenfold 
 extent more than sufficient to the wants of a population 
 supported by agriculture. In this park, which is called a 
 reservCj admission to which is forbidden to every white 
 person, they are supplied with cattle, agricultural instru- 
 ments, a forge, &c., while missionaries are allowed to 
 9* 
 
202 AMERICA AND THE AMERICANS. 
 
 establish productive farms, known by the name of stations ; 
 nothing prevents these Indians from becoming rich and 
 happy, which they generally are ; they allow their cattle 
 to wander in the woods and live chiefly upon them. The 
 women not unfrequently cultivate small spots of land, and 
 make shoes of deer-skin ornamented with glass pearls, 
 also, baskets, which they sell to their white neighbors ; 
 the men hunt and sell the skins of the animals killed in the 
 chase : notwithstanding all this, however, at the end of 
 two or three generations these tribes wholly disappear. I 
 have here described the Indian tribes of the North ; in the 
 South, however, they are of a totally different character. 
 The Indians, thus divided, belonged to very considerable 
 tribes, and were already sufficiently accustomed to the habits 
 of the white people, so much so, that they have often alarm- 
 ed the Spanish governors of Pensacola, St. Augustin, and 
 Mobile. They kept up a considerable commercial trade 
 with the English merchants established in those towns, 
 and possessed a large quantity of cattle, and above all, 
 runaway negroes from the United States, whom they had 
 captured and appropriated to their own use. Many white 
 people taken, or refugees from the laws, were located 
 among them, allured by the security which Indian hospi- 
 tality offered them, in the privilege of marrying as many 
 women as they pleased, and above all, by the ambition of 
 playing a political part among the tribes. Their marriages 
 gave rise to the birth of a great many mesticos, some of 
 whom were well brought up. These latter, together with 
 the chiefs who possessed a great many slaves, as well as 
 the missionaries who instructed them, became rich, while 
 the mass of the tribe diminished in like manner as those 
 of the North, situated under similar circumstances. All 
 would have continued to pass off quietly in this manner : 
 the Indian race would have become extinct through its 
 reserves; chiefs and mesiicos become rich proprietors of 
 the soil, and citizens would have mixed with the whites, 
 
AMERICA AND THE AMERICANS. 203 
 
 like rivers with the ocean, which could have had no influ- 
 ence with the race. 
 
 So long as the increase exists between white men 
 and women of color, and white women remain in their 
 purity, the white race will not suffer. While on the con- 
 trary, all mesticos and mulattoes may be looked upon as so 
 many gained over from the enemy. 
 
 Unfortunately the great tribes of the South, such as the 
 Creeks and Cherokees, for the most part inhabit the terri- 
 tory of Georgia. Formerly this State extended from the 
 ocean to the Mississippi, but it has now surrendered the 
 whole country of the west, to a certain extent, to the 
 United States, which has since formed the States of Ten- 
 nessee, Alabama, and Mississippi. This cession was made 
 to the United States contrary to the guaranties of right of 
 property which the State of Georgia possessed, and 
 reserved to itself, over all the vacant lands within its 
 limits. On the other hand, however, when the Indians 
 were located in their rescrvesy the United States solemnly 
 pledged themselves to defend them from all aggression, 
 and maintain them in the possession of their reserves, 
 unless they voluntarily renounced them. 
 
 The State of Georgia, which is certainly the worst 
 governed State throughout the Union, has adopted a very 
 extraordinary mode of disposing of public lands ; instead 
 of selling them, and thereby adding to the revenue, they 
 establish an annual lottery in favor of all citizens who be- 
 come of age, so that there exists among the people of this 
 State, who are naturally of a turbulent character, an inor- 
 dinate thirst for the possession of these lands. 
 
 All other lands which originally belonged to the State 
 having been disposed of in this manner, there now only 
 remain those belonging to the Indians, viz., the reserves j 
 which amount to some million of acres. 
 
 The State of Georgia, relying on its contract of cession 
 to the United States, demands the possession of these re- 
 
204 AMERICA AND THE AMERICANS. 
 
 serves and its right to dispose of them. The Indians, on 
 their part, relying on their treaty with the United States, 
 are opposed to this ; hitherto the afFair might be arranged 
 without difficulty, for although these Indian tribes estab- 
 lished in Georgia form a population of about 15,000 souls, 
 there is, perhaps, not above 100 families among them 
 (almost all of mixed blood) who cultivate, and are estab- 
 lished on the soil with their negroes. 
 
 They would have become easily disinterested, on giving 
 to each as much land as he desired. The rest of the nation 
 are perfectly indifferent whether they live in Georgia or 
 on the other side of the Missouri ; they have no interest 
 whatever in the soil. But what renders the question in a 
 measure complicated, and of a serious character, is, that the 
 mesticos having a certain John Ross at their head, a man 
 of much merit, and well brought up, and ambitious withal, 
 wished to raise themselves into an independent nation, 
 under the shadow of a representative government, and to 
 establish laws and tribunals. I say a shadow of a repre- 
 sentative government, because it exists only in name, 
 and is only the means which Ross and his companions 
 adopt, in order to mislead the philanthropists and simple- 
 tons of the North. The truth is, that under cover of this 
 delusion, he and his associates govern the Indians in a most 
 despotic manner. Besides, it can hardly be possible either, ' 
 that the United States, or the State of Georgia, w^ould 
 allow of an independent government being established in 
 the very heart of the Union. 
 
 The Indian tribes are not looked upon in the light 
 of foreign powers, nor are they recognized as rightful 
 possessors of the soil on which they are established ; they 
 are more considered as temporary occupants of the dis- 
 tricts in which they locate themselves, under the protec- 
 tion and guardianship of the United States.* This ques- 
 
 * It must be remembered that these observations apply to the 
 State of Georgia in the year 1832, 
 
AMERICA AND THE AMERICANS. 205 
 
 tîon becomes the more important from the iniiuence exer- 
 cised by the missionaries. It is they, who, in order to 
 preserve the handsome farms which they have estabhshed, 
 foment discord among the white population, and induce all 
 the religious societies of which I have made mention to 
 take the part of the Indians. 
 
 To overcome this difficulty and avoid a recurrence in 
 the future, Mr. Monroe, during the period of his presi- 
 dency, conceived a gigantic plan, which, although it has 
 not been altogether put in practice, has, however, since 
 served as a general basis for the conduct of the United 
 States towards the Indians. It is upon the following prin- 
 ciple : 
 
 Between the Missouri and the Rocky Mountains, which 
 separate the great valley of the Mississippi from the Pacific 
 Ocean, there exists an immense country where the whites 
 have scarcely yet located themselves. The eastern slope 
 of the Rocky Mountains is thickl}^ wooded, and equal in 
 fertility to the western slope of the Alleghany ; but from 
 the foot of the Rocky Mountains to the Missouri, the 
 country presents one immense plain, slightly undulating, 
 showing the appearance of the sea after a storm, and 
 wholly devoid of forests ; the land is however fertile, a 
 beautiful species of grass there grows in great abundance ; 
 the banks of the streams and rivers which irri2:ate the 
 plain in all directions are the only locality where Avood is 
 found. For a more graphic description, however, I will 
 refer you to the romantic narrative of Cooper, in his 
 "Prairie." This country is inhabited by innumerable 
 troops of horses and buffalo herds, which supply the 
 numerous wild Indian tribes as food and for travelinsr. 
 
 o 
 
 Mr. Monroe proposed to induce all the Indian tribes to the 
 East of the Missouri to pass to the other side of that river, 
 where the United vStates undertook to assure to each of 
 them a reserve in perpetuity, and to establish among them 
 one or more governments on the same plan as those of the 
 
206 AMERICA AND THE AMERICANS. 
 
 territories, until such time as these nations should be suffi- 
 ciently advanced in civilization to form States and become 
 a part of the general confederation. According to this 
 plan, the immense prairie was to be forbidden ground to the 
 white people, and the new States which would thus be 
 speedily created on the two slopes or sides of the Rocky 
 Mountains, would be isolated from their kindred of the 
 East by a red population. This result ought to be at least 
 partially effected, for since the countries devoid of forests 
 present less facilities for the formation of a new settlement 
 than those thickly wooded, it is probable that the forests 
 of the eastern slope of the Rocky Mountains would be 
 peopled before the prairie separating it from the Mis- 
 souri. 
 
 The United States have already succeeded in transport- 
 ing many Indians to this prairie, and now in all treaties en- 
 tered into with them, it is always to this quarter that they 
 direct the steps of the emigrant. The mesticos of Georgia 
 having refused to enter into any treaty with the govern- 
 ment of the United States for a cession of their lands, the 
 government has begun individual negotiations with the In- 
 dians, and notwithstanding the penalty of death pronounced 
 by the laws of Ross against all those who consent to emi- 
 grate, it has succeeded in inducing many thousands among 
 them to take this course, and will probably ultimately 
 succeed with all of them. Then, when there will no 
 longer remain but a few dissatisfied or mutinous chiefs 
 in the reserves, and the great mass of the nation will 
 have emigrated, the State of Georgia will take quiet pos- 
 session of the disputed territory. 
 
 This plan of Mr. Monroe's, however plausible it may 
 appear on paper, is surrounded by the greatest dangers. 
 The tribes inhabiting the prairie are very different from 
 those located on the shores of the ocean. They are much 
 more numerous, more warlike, and are yet ignorant of the 
 power of the white man. 
 
AMERICA AND THE AMERICANS. 207 
 
 The Sioux nation, alone, numbers from 10 to 12,000 
 mounted warriors, armed with lances and arrows, true 
 Tartars of the western plains. We will suppose such a 
 force opposing the efforts of civilization with an intrepid 
 leader like Ross, for example. They might do incalcu- 
 lable and irreparable injury to the United States long before 
 we could collect a force sufficient to oppose them with suc- 
 cess or exterminate them. I even believe, that under a skillful 
 and daring leader they could advance as far as Washington, 
 just as the Gauls arrived at Rome. At present these 
 nations are ignorant of their own strength, are disunited, 
 and are perpetually destroying each other in intestine wars. 
 They attack the extreme frontiers of the United States 
 only in an isolated sense, and without any other object 
 than that of the sudden pillage of some new settlement.* 
 They could be easily conquered in detail, and if the plan 
 which has been hitherto pursued were continued, each 
 tribe being confined to its own reserve and surrounded by 
 white people, they would, at the end of two or three 
 generations, become either extinct or absorbed. If the 
 tide of civilization, however, continue to encroach upon 
 them, the population will soon find itself concentrated or 
 condensed instead of remaining in ignorance of its strength, 
 and will become instructed by the half civilized Indians 
 whom they will transport among them. A government 
 should be organized, people of intellectual merit sent 
 
 * The following passages I extract from the " New York Herald" 
 of the 8th of June : — " A lengthy account from Corpus Christi 
 gives a statement of Indian depredations between the Nueces and 
 the Rio Grande. They had entered the town of San Patricio on the 
 18th May, and stolen a number of horses and large quanti- 
 ties of goods. Colonel Kinney with another man and a number of 
 Mexicans were killed ; the Indians then crossed the I'iver into the 
 town of Camargo, and killed several persons. Tliey also drove off 
 the horses and cattle." On anotlier occasion the Indians attacked 
 a large convoy, carrying off all the women and children, together 
 with a thousand horses, cattle, &o. 
 
208 AMERICA AND THE AMERICANS. 
 
 among them, endowed with an equal degree of enterprise 
 as Ross, and we should soon behold other clouds of Huns, 
 guided by another Attila, invading the civilization of the 
 West. At the period of the last war all must have heard 
 of the famous chief Tecumseh, who, assisted by his 
 brother Francis, the prophet, under the protection of the 
 English, succeeded in preaching a crusade and forming an 
 alliance among all the tribes against the whites, who, from 
 the Canadian lakes bordering on the British possessions 
 advanced as far as Florida, where they were joined by the 
 Spaniards. It was this formidable league which compelled 
 General Jackson to possess himself of the Floridas ; and 
 it was in consequence of his victory, in 1818, that the 
 different tribes found themselves again isolated from each 
 other, and carefully held in check from the western 
 prairies. If, at the present day, the desire to possess their 
 lands and the little inconvenience which these hosts occa- 
 sion their neighbors, should decide the government on 
 compelling them to emigrate altogether, the league of the 
 red man, a hundred times more numerous and powerful, 
 would soon be reorganized, while the government would 
 find itself engaged in a secular war, which would compel 
 it to keep on foot a very considerable regular army, the 
 cost of the maintenance of which in a comparatively 
 desert country would be enormous, and would have a ten- 
 dency to check the progress of civilization in the West, 
 lay open its frontiers to pillage, fire, and massacre, and, 
 after all this, could only end in the total extermination of 
 one of the two races by fire and sword. 
 
 And^ who knows, but that this powerful Indian league 
 might not meet the concurrence and support of Mexico ? 
 Already the two — Mexican and American — civilizations 
 begin to approach each other. A caravan trade is carried 
 on between St. Louis and Santa Fe in New Mexico. On 
 the sea shores, Mr. Austin, a conqueror in a new sphere, 
 devoted himself to the separation of Texas from the M ex- 
 
AMERICA AND THE AMERICANS, 209 
 
 ican Union, in order' to bring it in affinity with that of the 
 American Confederation. His mode of conquest was of quite 
 a novel character ; it consisted in transporting, under the 
 authority of the Mexican government, to a territory subject 
 thereto, a whole population of Americans, which, as soon 
 as it became sufficiently numerous to form a State, it 
 might, if it deemed fit, declare itself independent of 
 one Federal Union, and unite itself with the other. But 
 it may be argued, — What can Mexico do in her present 
 actual state of disorganization, divided as she is by intes- 
 tine commotion, against a nation so well organized, and so 
 compact as the United States ? The state of anarchy ex- 
 isting in Mexico cannot always last. Among the number 
 of generals disputing for the supreme power, and who get 
 up and dispose of elections at the point of the bayonet, 
 some man of exalted genius will arise who will conquer 
 his rivals, put an end to discord, destroy the republic, and 
 establish a military government ; this will be the result 
 sooner or later, and to this end the whole of Spanish 
 America is gravitating. As soon as peace shall have been 
 established internally, she must necessarily, in order to 
 avoid self-dissolution, occupy her army in distant expedi- 
 tions. Not for the sake of attacking the Indians, for 
 nothing is to be gained by a war with them, who are 
 rather their natural allies. More than three-fourths of the 
 Mexican army are of the red race. She must endeavor 
 to reconquer Texas by physical force ; in which, were she 
 assisted by an Indian confederacy, she might place the 
 United States in a dangerous position, or, at least, draw 
 them into a long and perhaps disastrous war.* Let us 
 
 * It must be borne in mind that these notes were penned before 
 the war with Mexico, which throws all these chivalrous notions and 
 problematicals into the shade. Since, it has been seen that Mexico 
 is incapable of defending herself, much less of reconquering Texas; 
 and judging from the melancholy result of her late war with Ame- 
 rica, and the miserable figure her vaunted soldiery cut, with their 
 valiant "beau sabreur," and runaway "bel plume," Santa Anna, 
 
210 AMERICA ANt) THE AMERICANi. 
 
 hope, however, that the happy genius which has hitherto 
 watched over the cradle of our Repubhc will continue to 
 protect it ; that she will succeed by wise measures to offer 
 a successful barrier to a barbarian league against civilization ; 
 to avoid the massacres which would result therefrom ; to 
 extend the peaceable conquest of civilization to the Pacific 
 Ocean, and maintain herself at peace with her Mexican 
 neighbors, v/hose golden or splendid misery she ought to 
 be far from envying. To arrive at these desirable results, 
 it is absolutely necessary gradually to get rid of the red 
 race, not, however, by individual sacrifice, but on the con- 
 trary, by awarding them as much happiness as the state of 
 civihzation which they are capable of enjoying will admit 
 of. 
 
 Methinks I hear a voice exclaim, — What, exterminate 
 a v/hole race, the only record of which may exist in the 
 museums of naturalists ? While considering me as a per- 
 fect monster in cruelty, and who in pity pleads to spare a 
 remnant of the red race, if only in some thousand years 
 hence to demonstrate of what " stuff" such mortals were 
 made ! I, however, agree with Buffon, that nature knows of 
 no castes; but purely individuals. We must seek to give 
 them happiness ; for then are we certain of accomplishing 
 the happiness of the race which is but a metaphysical being. 
 Were it possible, should we not be too happy by some 
 legislative measure to prevent the birth of the humpbacked 
 and deformed .?* 
 
 As to curiosities, I have little taste for those which are 
 
 at tlieir head, Mexico might put her foot in Texas; but it is a 
 doubtful question whether she would get it out again. 
 
 " Bel plume^'' is a " nom de guerre " for a dandy, dressy soldier ; 
 not, however, implying a military ?» ?(^, for with all his Adonis-like 
 perfection and love of self, he may be as brave as a Murat or an 
 Anglesea, a Scott or a Taylor. — Trans. 
 
 * By the laws of the Alcoran, all Turkish children so born aro 
 destroyed at their birth. — Trans. 
 
Ax\ÎERÎCA AND THE AMERICANS. 211 
 
 devoid of merit, and must confess, that I possess not the 
 taste of the Emperor Francis, in behalf of biishinen. 
 About the year 1820, when the frigate which took the 
 daughter of the Austrian Emperor to the Brazils had re- 
 turned, she took home a family of wild savages as a pre- 
 sent from the Emperor Don Pedro to the Austrian 
 monarch. His majesty received and treated them with 
 much kindness, and felt much affectionate interest in their 
 behalf. He had a handsome little hut built for them in 
 the center of a small wood in the gardens of the palace, 
 where they were perfectly at liberty, " a I'Autrichieme," 
 with the exception of the building being surrounded by 
 an iron railing. The good Emperor passed whole hours 
 in their company, wondering with amazement at their 
 most trifling occupations. It Vv^as publicly stated in Vienna, 
 that the Holy Alliance had sent for these bushmen to form 
 the models of a degree of civilization to which Prince 
 Metternich was desirous of reducing the European. Not 
 being in the confidence of that wily diplomatist, I cannot 
 vouch for the truth of this, but what is certain is, that a 
 family of Hungarian adventurers took it into their heads 
 to play the hushmen. They painted their bodies red, cut 
 open their lips and ears, and introduced, by way of orna- 
 ment, pieces of wood, in imitation of their prototypes. 
 The father, who had preserved his natural color and cos- 
 tume, showed off his sons and daughters for so much a 
 head, in statu naiurœ, but all painted red. People ad- 
 dressed them in German, but they only replied in bush- 
 schprach. They gave them a liv^e cat, which one of the 
 young ladies strangled with most perfect indifference and 
 celerity, after which the family eat poor puss undressed. 
 To see them indulge in this luxury you had to pay double 
 price. I do not remember how many cats they thus dis- 
 patched in a day ; but after having amassed a 100,000 
 florins, Wiener Wdrung, they decamped, not failing to tell 
 the good people of Vienna the admirable hoax which had 
 
212 AMERICA AND THE AMERICANS. 
 
 been played off at their expense. A comedy was got up at 
 the royal Leopold- S tadt- Theatre on the subject : and I will 
 now ask whether there was not quite as much curiosity 
 and satisfaction felt in seeing these Hungarians eat a cat, 
 as if they had been real bushmen ? And what is so curious 
 and attractive in the Indian of the North, to make him 
 such an object of interest ? You must not form any opi- 
 nion of them from the descriptions of Cooper, who has 
 always wished to make gentlemen of them, and who has 
 even endowed them with delicate sentiments towards the 
 fair sex, which, however, is by no means natural to them. 
 The wife of an Indian is his marketable animal ;* traveling, 
 or in a campaign, she carries the burden of his baggage 
 on her back, is beaten by everybody, even by his children. 
 As to the Indian himself, he is physically brave, morally a 
 coward, patient from necessity, while some among them 
 possess much natural sagacity. 
 
 It has been said that the presence of the white man 
 corrupts the Indians ; this, I take upon myself to deny ; 
 they are much happier now than they were before the 
 colonization of America, Instead of hunting with the 
 bow and arrow, they possess now guns ; instead of walking 
 naked in the snow, or but half enveloped in the skins of 
 animals, they are now dressed in warm clothing, and sup- 
 phed with excellent blankets which serve the purpose 
 of cloaks ; instead of fasting when they miss their game, 
 they have now their cattle, which preserves them from 
 starving. Each is supplied with his tinder-box and flint, 
 his knife, his little hatchet, and even to combs ; although 
 these are looked upon by them as mere ornaments : a true 
 Indian takes very good care not to inconvenience himself 
 by deranging the economy of the little crop of red colo- 
 nists inhabiting the region of his head. There is a degree 
 of philanthropy in this, for on this same principle we are 
 
 * Bête de somine in the original. 
 
AMERICA AND THE AMERICANS. 213 
 
 prevented from destroying the beauty of our forest 
 
 scenery.* 
 
 ♦ The following note on the subject of civilization among the 
 Indians may not be uninteresting as a conclusion to this chaj^ter : 
 —Trans. 
 
 CiviiiizATioiv AMONG THE INDIANS. — The law passecl at Albany 
 on the 11th, declares, that every person who shall sell or give to 
 any Indians residing within this State, any spirituous liquor or 
 any intoxicating drink, shall be deemed guilty of a misdemeanor, 
 and on conviction shall be punished by a fine of not less than 
 twenty-five dollars nor more than fifty dollars, or by imprisonment 
 in the county jail of not more than thirty days, or by both such 
 fine and imprisonment. Another section of the bill declares : 
 
 " All Indians who have heretofore contracted or shall hereafter 
 contract marriage, according to the Indian custom or usage, and 
 shall cohabit as husband and wife, are and shall be deemed and 
 held to be lawfully married, and their children legitimate. Mar- 
 riages between Indians may be solemnized by peace-makers within 
 their own jurisdiction, with the like force and eflfect as if by a Jus- 
 tice of the Peace." 
 
 Other sections extend the laws over the Indians as over the rest 
 of our citizens, and the conclusion of the bill is to receive from the 
 Seneca nation, or of any tribe of Indians residing in Ncav York, all 
 sums of money such Indians may wish to put in trust with the 
 State, the same to be paid into the treasury under the direction of 
 the Commissioners of the Land Office, invested in good and safe 
 securities by the Controller, or in stocks of this State bearing in- 
 terest at the rate of 6 per cent., to be created and issued therefor, 
 and called " The Indian Loans." 
 
CHAPTER X, 
 
 ON AMERICAN FINANCE. 
 
 French Opinions on American Finance — Mr. Hume, the English 
 M. P., on " Cheap Government" — Monarchical Government — Ex- 
 pense of Labor — Definition of Economy — Post Office Department — ■ 
 Privilege of Franking — Public Lands — Confiscation and Fines — 
 Coast Guard Service — United States Bank — New York Banks and 
 Canals — NewJersey Revenue— Roads and Canals — Customs- — Dis- 
 solution of the Union a chimerical idea — Comparison between 
 Northern and Southern States — The Protective System — Italian 
 Lethargy — England — Industry and Prosperity — Prohibitive Sys- 
 tem in America — Mr. Clay and Manufactures — Revenue of New 
 York City and State — Philadelphia and Girard — United States 
 Debt and Loans — Appropriation of Surplus Revenue — Interest 
 on Capital in the States — American Enterprise — xlnecdote — The 
 Banking System — Rational Advice on the Purchase of Lands — 
 Panargus — A metaphor on Priests and Cats. 
 
 The French journals were at one time much occupied 
 in a long discussion on the subject, in order to arrive at 
 the conclusion as to whether the government of the United 
 States was really conducted on so economical a scale as 
 had been represented. General La Fayette, assisted by 
 Mons. Cooper and General Bernard, from official statistical 
 documents, decided in the affirmative, viz : — that Ameri- 
 can taxation was infinitely less in comparison with that of 
 the French. I am also of the same opinion. 
 
 Mr. Hume, the English Member of Parliament, is, I 
 believe, the first individual who made use of the term 
 " Cheap Government." At first, both the ministry and 
 opposition were completely won by this newly invented 
 theory, but which, however, they soon perceived was 
 merely another term characteristic of a republican gov- 
 ernment. Hence, it resulted that they who disclaimed a 
 republic and republican institutions altogether opposed all 
 approach to a " cheap government," and even retrench- 
 
AMERICA AND THE AMERICANS. 215 
 
 ment and economy itself. A distinguished writer carried 
 his prejudice to this form of government so far, that in 
 order to defeat the arguments of his opponents, he under- 
 took to demonstrate that a monarchical government was 
 less expensive than that of the --United States. I shall 
 not here attempt to refute such futile and absurd rea- 
 soning, as that has been already fully accomplished by 
 abler pens than mine, but I will simply observe that any 
 comparison between the expense of the two countries is 
 materially allected by the value of the currency. Thus, 
 for instance, when $1,25 is given for a days' labor to a 
 carpenter in Florida, independent of food and lodging, this 
 sum is but equivalent to that which is paid to an indivi- 
 dual employed in the same capacity in France. It is 
 equally clear, therefore, that if I pay a sum equal to about 
 six francs per day, to a laborer wdio receives but two 
 francs in France, it follov, s that the same salary in propor- 
 tion should be paid to those emplo3^ed in a civil and mili- 
 tary capacit}', and that although they receive a nominally 
 greater amount of circulating medium, their expenses 
 being in the same proportion more considerable, they 
 are not better paid than the European, who nominally 
 receives less. The difference of the relative value of 
 money in the two countries is merely a medium which 
 augments the proportionate cipher, without altering its 
 value. This will apply to all those employed in any in- 
 ferior capacity in the republic, who live on their pay, and 
 whose salary is considered only as a compensation for the 
 loss of time which they devote to their employer. In 
 Europe, however, besides this class here designated, 
 there is another class which is remunerated not for ser- 
 vices rendered, but in consideration of their rank and dig- 
 nity alone, in the state. In the United States we have no 
 such aristocratic pretensions, unless we look upon the 
 president with his $25,000 a-year in this light. 
 
 What is the real meaning of economy .'* Does it consist 
 
216 AMERICA AND THE AMERICANS. 
 
 in the possession of a few useless and idle parasitical em- 
 ployés ? or in one valuable and efficient officer, performing 
 with zeal and patriotism, more real duties than all the 
 others put together ? I take it that the economy of a gov- 
 ernment consists in amply remunerating as many public offi- 
 cials as are required for the service of the country, and no 
 more — to pay liberally for services absolutely requisite, but 
 in no wise be prodigal in superfluities. Discourage all use- 
 less luxury in the government, place it on the solid basis 
 of necessary utility, and you will exercise a system of 
 economy, while the people in general, who contribute 
 their share of taxation, have the satisfaction of knowing 
 that no idle pensioners are fattening on the spoils of the 
 nation. 
 
 Another error into which the author above cited has 
 fallen in his attack on the financial system of the United 
 States, is in the belief that the whole revenue of the 
 Union, or of the States, is derived from contribution, while 
 the fact is, that much is acquired from the bona fida pro- 
 perty of the nation, and which, consequently, cannot be 
 considered as a burden on the people. In order to come 
 to a right understanding upon this subject, it is necessary 
 to analyze the different sources from whence the various 
 government revenues are derived.* We will begin with 
 the post-office. This immense administration, which ex- 
 tends its gigantic branches from one extremity of the 
 Union to the other, with inconceivable rapidity and punc- 
 tuality) even in those extreme regions which are as 
 yet but slightly peopled), is under the superintendence of 
 a Postmaster General, not, however, a member of the 
 cabinet. There are more than 8,000 subordinate post- 
 masters ; each of whom has a running account open with 
 the department — which account is audited every three 
 months. The mails are transported by contract, in the 
 same conveyances as those employed for passengers, and 
 
 * Vide notes at the end of the Chapter. 
 
AMEKICA AND THE AMERICANS. '2\7 
 
 whose construction and convenience varies according to 
 the advance of enterprise and civilization in the various 
 States. The contractors are paid by orders on the different 
 jDOstmasters, and the balance of receipts over and above 
 the amount of expenditure is placed either in the State 
 Bank, or to the credit of the postmaster general. As 
 compensation for their trouble, the postmasters receive 
 permission to forward and receive their own letters free of 
 postage ; the}^ are, moreover, allowed a commission vary- 
 ing from 30 to 10 or 12 per cent, of the general receipts, 
 but which commission is never allowed to exceed a cer- 
 tain sum. On no account are they permitted to contract 
 for, or hold any indirect interest in, the transport of the 
 mails. The price of a letter not exceeding one half ounce 
 or less, sent under three hundred miles, is five cents, over 
 three hundred miles, is ten cents ; while a newspaper, 
 for the same distance, costs but one and a half cents, and 
 a pamphlet, magazine or periodical, of one ounce or less, 
 two and a half cents ; for each additional ounce, one cent. 
 These charges are reduced in proportion as the distance 
 diminishes. The postmaster general, after having paid 
 off all the mail contracts, and discharged all claims for the 
 central administration of his department, annually pays 
 over a considerable sum into the treasury of the State. 
 The views of the government in this department of iinance 
 are not so much bent on creating a revenue, as on securing 
 to the community in general a prompt and efficient mode 
 of communication between the different Slates of the re- 
 public. Independent of the postmaster general's right to 
 the freedom of postage, the same privilege is granted to 
 the president,* the vice-president, the chiefs of the different 
 administrations, and even to the members of Congress. 
 The journalists, also, far from any obstacles being thrown 
 in their way by the government, enjoy the right of receiv- 
 
 * Also ex-presidents. Mrs. Madison, Mrs. Harrison and Mrs. 
 Adams retain this i^rivilege. — Trans. 
 10 
 
218 AMERICA AND THE AMERICAN». 
 
 ing all journals free of postage ; while so convenient do 
 the senators and representatives find this privilege of 
 free transport, that during the sessions of Congress at 
 Washington, it is calculated that no less than between 
 30 and 40,000 letters leave that city daily, postage free. 
 With reference to public lands, their sale forms by no 
 means an inconsiderable part of the public revenue, the ad- 
 ministration of which is conducted by a "Commissioner 
 of the Land Office," who resides in Washington. The 
 receipts, however, are collected by parties located in each 
 separate district, and who, after having honored the different 
 claims on government, and received the commission of five 
 per cent, on the sales (which must on no account, exceed 
 the sum of $2,000), deposits the remainder in the 
 various banks of the Union, to the credit of the treasury. 
 Confiscations, fines and penalties form but an insignifi- 
 cant source of revenue ; although, by fortuitous circum- 
 stances, they sometimes amount to a large sum. Many 
 crimes committed in the United States are punished by 
 fine. Confiscation, generally speaking, no longer exists ; 
 or, in other words, in no case can any individual's property 
 become the property of the State, through a criminal com- 
 mitment ; but from an obsolete custom, derived from the 
 common law, every inanimate object, which by accident 
 or otherwise causes the death of an individual, becomes, 
 under the title of deodand, the property of the State. 
 Also, in all acts of accusation for murder, it is an impor- 
 tant point that the value of the weapon made use of by 
 the criminal shall be specified. This value is, however, 
 always nominal in cases of importance ; for the absurdity 
 of the law is too palpable, and it is probably owing, in a 
 great measure, to this very absurdity, and in no slight de- 
 gree to the manner in which the different tribunals evade 
 its payment, that no measure has been adopted for its abo- 
 lition. A steam-vessel, for instance, the paddle of which 
 may have caused the death of an individual, was estima- 
 
AMERICA AND THE AMERICANS. 219 
 
 ted at six dollars. In all cases of contraband, not only are 
 all articles, fraudulently introduced, but the vessel which 
 brought them, confiscated, and become the property of 
 the State. For this object we have an organized coast- 
 guard service, consisting of several schooners, of a most 
 Ueautiful construction, and remarkable for their rapid rate 
 of sailing. These are the property of the State, although 
 not included under the head of the Marine Department, but 
 come under that of the Minister of Finances. The cap- 
 tains and crews feel, of course, a deep personal interest in 
 the captures they make, the valuation of which, however, 
 is declared by the Admiralty Courts. 
 
 The dividends receivable by the United States on the 
 shares of the States' Bank, belonging to them, as also on 
 those subscribed for in the different road and canal compa- 
 nies, form another item of receipts, which, although they 
 may not be (at least at present) considerable, are, as I 
 shall presently show, capable of immense development. 
 
 Several of the States have already adopted this system. 
 That of New York, for instance, derives a large revenue 
 from its canals,^' as also the State of New Jersey, from its 
 oyster plantations, formed by the government on its 
 shores. 
 
 In this latter State, every year adds to their increase, 
 and the revenue derived therefrom is so considerable that 
 it admits of an important diminution in the taxation of the 
 State, and may, in all probability, be the means of abolish- 
 ing the burden altogether. | 
 
 The Bank of the United States is an anonj^mous so- 
 ciety, established under their general sanction, to receive 
 deposits, discount bills on certain terms, grant loans on 
 mortgage, or on deposits of commercial value, and like- 
 wise the precious metals, and lastly, to put in circulation 
 
 ♦ Vide Note at the end of Chapter. 
 
 t The Revenue of New Jersey up to January 1st, 1848, wag 
 $184,711 84. 
 
220 AMERICA AND THE AMERICANS. 
 
 a paper currency, which at any moment may be converted 
 into specie ; never dechning below par, but which, on the 
 contrary, from its facility of transport, is always of higher 
 value. 
 
 The United States, per se, are shareholders in a very 
 large proportion, and as such, influence, in a great mea- 
 sure, the nomination of the Directors and President who 
 govern that institution. It is this Bank which transacts all 
 the pecuniary affairs of the government ; but as a compen- 
 sation for this privilege, its funds must be ready at a mo- 
 ment's notice for the services of the different branches of 
 the State, and this free of all cost. It is this Bank also 
 which is under the obligation of paying the interest on 
 the public debt, as also that of portions of its capital which 
 become payable. To conclude on the subject of this use- 
 ful institution, its establishment has rendered the greatest 
 services both to commerce and the industiy of the 
 country. 
 
 It is not unusual for the States to become large share- 
 holders in the various companies organized throughout the 
 Union, for the construction of roads and canals. This ari- 
 ses, not because they cannot construct them altogether, 
 as a government undertaking, but from the circumstance 
 of several general reasons opposing it. In the first place, 
 they can only exercise such an authority, agreeably to an 
 article in the Constitution, which in a general sense per- 
 mits them to exercise that authority for the general good 
 of the republic ; — rather a vague provision, however, and 
 similar in its nature to the 14th article of our Charter, 
 which would serve to gloss over many usurpations, if the 
 Federal government was so inclined, and provided that 
 the States in general countenanced the same. It follows, 
 therefore, that before the government can enter into any 
 public undertaking within the limits of the States, or au- 
 thorize any anonymous society or company to do so, it 
 must be with the perfect understanding that such work is 
 
AMERICA AND THE AMERICANS. 221 
 
 for the general good, and that a majority of the States, at 
 least, derive some direct advantages therefrom. Hence 
 all undertakings which tend to the improvement of har- 
 bors — rendering them capable of receiving, and being navi- 
 gable for fleets or vessels of war — all works tending to im- 
 prove the navigation of rivers for vessels of large tonnage, 
 would encounter no opposition. This is a duty impera- 
 tive on the government, and tends to extend and regulate 
 the exterior commerce of the country. As likewise, all 
 which tends to improve the mibtary defenses of the coun- 
 try comes under the same practical denomination or head ; 
 at the same time it is doubtful whether the same author- 
 ity would have the power or right of establishing taxes or 
 tolls in connection therewith, or even granting the per- 
 mission for any anonymous society to do so. All under- 
 takings, therefore, of this nature, would arise from the 
 employment of a dead capital, bringing ho interest thereon 
 favorable to the State, or advantageous, beyond that of the 
 general good. The States however are, as it were, lords 
 of the soil, and have, each of them, the power to do as 
 they please within their own territory, and to this power 
 they adhere with the most pertinacious tenacity. For in- 
 stance, it might so happen that a new road in one would 
 cause the ruin of the capital of a neighboring State ; hence 
 it is but natural that the citizens of each State should 
 themselves have the direction of all public works, or 
 whatever alterations, improvements, &c., might be suggest- 
 ed towards general convenience and utility, or jointly in 
 concurrence w^ith the neighboring States. One further 
 consideration is, that the expense of all works of public 
 utility, undertaken to the advantage of one town or State 
 only, shall be borne by all the others. This I look upon as 
 unjust. Under all these circumstances, however, if there 
 exist so many obstacles to the government assuming the 
 power, either by themselves, or authorizing a society to 
 undertake works of public utility, when once the govern- 
 
222 AMERICA AND THE AMERICANS. 
 
 meiit of a State has authorized the formation of such so- 
 ciety or company, nothing can hinder them from subscrib- 
 ing for as many shares as they may think proper. In fact, 
 such has already been the case ; and I hope they may ad- 
 here to the system. 
 
 I now come to the great source whence the revenue of 
 the United States is derived, viz : The customs, which 
 form about nineteen twentieths of the whole of the 
 receipts. The Constitution while it has reserved to the 
 Federal government the power of regulating the external 
 commerce, and of establishing taxes on imports, grants no 
 authority for its exercise of that power over the commerce 
 of the interior, or its imports. The tariff must also be 
 the same, for all ports, and all frontiers of the Union. In 
 each port, and on the frontiers of Canada, collectors have 
 authority for the administration of this branch of the 
 revenue. They are paid by commissions on the revenue 
 which they receive ; but which must however on no occa- 
 sion exceed a given sum. Besides this, they are charged 
 with the duty of registering all vessels newly constructed ; 
 give certificates of origin to sailors called protection, and 
 have a watchful guard over all light-houses and floating 
 lights. From these also, captains of the coast-guard service, 
 lawyers of the States and marshals of the districts receive 
 orders regarding the suppression of every thing of a con- 
 traband nature. The funds which they receive must be 
 deposited in the Banks of the State, to the credit of the 
 Treasurer. These posts are of the highest importance, of 
 great emolument, and much sought after. Hence the 
 gentlemen holding them enjoy no little influence in our 
 large commercial towns, although the duties are very con- 
 siderable. Government offers much indulgence to the 
 merchant in regard to the payment, granting a credit of 
 three, six, nine, and even twelve months, according to the 
 sums ; so that in general, the merchandise is sold before 
 the duties thereon have been paid. Articles imported 
 
AMERICA AND THE AMERICANS. 223 
 
 with the object of re-exportation pay no duties, and those 
 which are manufactured in the country to be re-exported, 
 under another form, receive on leaving a premium in 
 proportion to the duty paid on entering the raw materi- 
 al. I have alread}^ stated that the exportation is free, as 
 also is the transport, from one port to another, either by 
 sea, or the interior ; hence all taxes accumulate from im- 
 portation. They were already considerable, and in 1825 
 the manufacturing interest made them still more so ; hence 
 now, in many instances, they are tantamount to a prohibi- 
 tion. Manufacturers profit largely from these circum- 
 stances, enabling them to compete with the English 
 market, without depreciating in value, though inferior in 
 quality ; unfortunately, however, all these manufacturers 
 are on one side of the Potomac, while the consumers are 
 on the other ; at least this observation will apply to most 
 articles. The southern States, whose general produce is 
 tobacco, coffee, sugar and Indian corn, and who in return 
 purchase from the profits arising therefrom, take umbrage 
 when they find the price of stuffs augmented, and their 
 quality diminished, at the very moment when the immense 
 increase in the production of cotton reduces the value of 
 their chief resource, while it was naturally their interest 
 to obtain it in the cheapest market ; whether that market 
 were English or American was to them a matter of perfect 
 indifference. It were in vain to attempt to persuade them 
 that the same protection which was granted to the manu- 
 factories of the North would inevitably place them in a 
 position to create a market much more advantageous for 
 them than for the European ; experience has however 
 confirmed the just calculations of those who were opposed 
 to the tariff, and the southern States find themselves at 
 this moment reduced to the necessity of consuming pro- 
 ducts, inferior in quality and at much higher prices, there- 
 by placing the northern manufacturers in a position to 
 realize large profits, at the expense of their southern 
 
224 AMERICA AND THE AMERICANS, 
 
 brethren. This state of things is however unjust, and 
 cannot long continue without a total destruction of the 
 prosperity of the southern States of the Union. Hence 
 their opposition was exercised in so wild and injudicious a 
 manner, that it ended in doing them much more harm 
 than the tariff itself. They began at first by denying the 
 constitutionality of the law which imposed the new tariff, 
 and assumed that Congress had not the power of establish- 
 ing imposts, with the view of protecting such and such 
 interest ; admitting however the right of creating for itself 
 a revenue, commensurate with its wants. South Caro- 
 lina w^ent even further, and forgetful of the wonted 
 prudence of its councils, talked of a separation from the 
 Union, vain threat ! w hich was hastily re-echoed in England 
 as an evident proof that the Union of the States was about 
 to be dissolved, and which could have been productive of 
 no danger but to herself ; for the remedy would have been 
 one hundred times worse than the evil, which they sought 
 to eradicate. 
 
 From the passing of the new tariii' the southern States 
 adopted a line of conduct totally hostile to those of the 
 North, especially towards the interests of their manufac- 
 tures. They for instance exerted all their efforts to 
 reduce their consumption — and confined themselves to the 
 use of coarse stuffs manufactured in their own families, 
 and w^ere opposed to every species of amelioration com- 
 mensurate with the habits of industry and civilization of 
 their brothers of the North. It is evident however, that it 
 more became them to exercise a totally different conduct 
 in the matter ; and since the tariff established an unjust 
 advantage in respect to American manufacturers, they 
 themselves ought to have been the first to profit by the 
 same — in the establishment of factories in the South, 
 which even supposing they might not maintain a successful 
 opposition to the English, without a tariff, might at least, 
 without much difficulty, have set themselves up in oppo- 
 
AMERICA AND THE AMERICANS. 225 
 
 sition to those of the North — the more especiall}^, as in the 
 South, there is no impediment to the employment of 
 negroes in this occupation, the labor of which in itself, is 
 more adapted to women, than employing them in the field ; 
 while the expense of manual labor would have been con- 
 siderably less than in the North. True it is, that former- 
 ly the negro employed in agriculture brought more profit 
 than in any other occupation — but those days are gone 
 by — and the price of agricultural produce is so much 
 diminished, that it is my firm belief there is a greater ad- 
 vantage attending the withdraM^al of hands from agricultur- 
 al to manual labor in the manufactories. The southern 
 States, however, have pursued a totally different course, 
 they declared open war against every thing in the shape 
 of tariff and manufacturai industry — and it only remains 
 for them to continue the same destructive line of policy, 
 to see themselves overrun by the people of the North, 
 in w^hose hands ere long all capital will be concentrated. 
 
 The people of the Northern States, or rather that por- 
 tion of them in favor of what they call the American sys- 
 tem, extend their views of a protective system too far ; 
 and under the influence of high premiums wish to force 
 industry — to bring into the markets produce which nature 
 has reserved for other climates. 
 
 Were all nations equal in industry, or possessed a mass of 
 capital in proportion to their population, the wealth of those 
 nations would be found to be in direct proportion to the 
 fertility of the soil and beauty of the climate. But the dif- 
 ferent degrees of civilization among nations, the educa- 
 tional establishments of the various governments, and the 
 disparity which exists in the quantity of capital raised, has 
 completely destroyed this natural proportion ; the revival 
 of which would tend to the annihilation of all commercial 
 and manufacturai monopoly. This result, however, would 
 not be favorable to all nations in an equal proportion ; for 
 those which, by their geographical position, are naturally 
 10* 
 
226 AMERICA AND THE AMERICANS. 
 
 poor would be compelled to depend on the more wealthy, 
 and surrender that power which the ignorance of other 
 nations had permitted them to possess. Hence it follows, 
 as a general thesis, that the liberty of commerce would be 
 in favor of those nations naturally wealthy. Notwith- 
 standing, however, in the present state of things, so long 
 as an inequality of capital and industry exist, a protective 
 system is necessary to all such nations favored by prov^- 
 dence, in order to induce them to maintain that which na- 
 ture has assigned them. Italy for example, without ex- 
 ception the richest countr}^ in Europe, is at this moment 
 almost devoid of industry, and hence dependent on other 
 nations. Its oils and alkalies are transported to Marseilles, 
 and returned in soaps. Its silks and cottons seek a market 
 in Switzerland, Lyons, and England, and are returned 
 made up into staflfs, to the consumer. The trade of Italy 
 is also carried on in foreign ships. Were she independent, 
 the first care of a good government would be again to ele- 
 vate her to the first rank among the nations of Europe, in 
 commerce and industry— the only means of accomplishing 
 which would be to organize so strict a code of custom du- 
 ties as to compel the nation to depend entireJy on their 
 own manufactures. This once accomphshed, and industry 
 re-established on a firm basis, there would then exist no 
 danger in abolishing the tariff, and in establishing an unre- 
 stricted freedom of commerce , Capital would then find 
 its way in through various new channels, thrown open by 
 this course, without fear of competition : while the lib- 
 erty of commerce would then be favorable to Itahan in- 
 dustry. England, on the contrary, is naturally one of the 
 poorest countries in Europe ; still, from many causes too 
 numerous to develop here, but which may be attributed 
 to two principles, the natural industry of the people and 
 the excellence of her social institutions, which have ena- 
 bled her to amass a quantity of capital unexampled in the 
 history of the world. 
 
AMERICA AND THE AMERICANS. 227 
 
 As soon, however, as other nations shall enjo)^ the same 
 advantages, her prosperity will naturally decrease, as her 
 superiority in this point arises more from acquired artifi- 
 cial than natural advantages. In her present actual state 
 England professes an unlimited freedom and extension of 
 commerce ; she has, in truth, nothing to lose : even with 
 a reduction of her duties, it would be long before any other 
 nation could enter into a successful competition with her. 
 The more other nations imitate her example, and believe 
 in the doctrine which she now professes, the longer will 
 the progress of their commercial industry be retarded ; 
 while the more she strengthens her system of monopoly 
 her fall is proportionally distant. So long as other nations 
 beHeve in her professions of liberty of commerce, so long 
 will they be the dupes of her policy. 
 
 This system which I have proposed, however, I mean 
 not to apply to all the branches of industry in all countries. 
 Every soil and climate has its natural productions, while 
 the chief object to be acquired should be to export the 
 manufactured produce, in the highest state of perfection 
 of which the national industry is capable. And this is the 
 sole and most important point which a good government 
 should seek to establish by a prohibitive system. If the 
 English government, for example, imposed its custom du- 
 ties with the sole object of perfecting its national industry, 
 and not with that of creating a revenue, and which, in my 
 opinion, is the best system of all, every duty upon the 
 importation of wines, oils, colonial produce, in fact on all 
 merchandise which she neither produces herself nor can 
 ever produce, ought to ~be entirely abolished. This abo- 
 lition would render living much cheaper, and would also 
 contribute to a considerable diminution in the expense of 
 manual labor. On the other hand, heavy taxes should be 
 imposed on the importation of every manufactured article, 
 or even that article in its crude state, which was the 
 product of foreign nations. At the outset, this productive 
 
22B A-MERICA AIS'D THE AMERICANS, 
 
 tax would be the means of creating a capital of sufficient 
 consideration, to be employed in a new project or sphere 
 of actionr The success of one manufactory naturally leads 
 to the establishment of others, while the competition 
 thereby raised would soon reduce the prices below those 
 for which the foreign market could afford to supply their 
 products, and the importation would thereby become 
 comparatively nominal. From what I have stated, the 
 United States, being connectedly one of the richest coun- 
 tries in the world, I am arguing in behalf of a strong pro- 
 hibitive system here, in conformity with the present tariff. 
 This, however, is far from being my opinion. The people 
 of the Union have other avocations of higher importance 
 than that of blocking themselves up, as it were, " inter 
 muroSj''^ or being altogether immured within the unhealthy 
 precincts of the factory. Our forests are open to us — the 
 roads to the West are already in progress, while the wave 
 of civilization has not yet been repelled or impeded in its 
 progress by that of the Pacific ocean. So long as the 
 whole of those immense lands are uncleared by the hand 
 of civilization, so long will there be a ready opening to in- 
 dustry and labor. And why should this ennobling and in- 
 vigorating occupation of man be altogether sacrificed for 
 the enervating and sickly occupation of the mechanic ? 
 Or why pursue this latter course in preference ? Why, 
 also, compel capitalists to take this course ? What need 
 have we for manufactories, when we can at all times ob- 
 tain the produce of the foreign markets in exchange for 
 our own raw material ? Of what disadvantage is it to us, 
 we wearing articles of English manufacture — or vice versa^ 
 to the English eating bread made from American flour ? 
 On the contrary, we merely exchange with foreign nations 
 the various products of civilization ; thereby preserving for 
 ourselves that which is useful and agreeable, and becoming 
 the dignity of freemen ; leaving to other nations those 
 questionable luxuries and occupations which only tend to 
 
AMERICA AND THE AMERICANS. ' 229 
 
 enervate and degrade mankind. The American system, as 
 Mr. Clay and his friends are pleased to call it, is in itself 
 good, but too premature by far. It is true, he has been 
 the organ of raising a quantity of splendid manufactories 
 of which we are justly proud. We grant that in some 
 articles our manufixctures can compete with those of the 
 Enolish. But it becomes a question whether we have not 
 obtained these advantages at a sacrifice of many comforts, 
 for which the mere difierence of price can never compen- 
 sate us ; and by a commencement of moral and political 
 de2;radation in those who have thereby become workmen 
 by compulsion, and who without which would have re- 
 mained free and independent cultivators of the soil. These 
 truths are beginning to be felt, and I consider it possible 
 that this " American system" will not be of long duration. 
 Time, however, will prove. To this state of things it is 
 probable we must return, at a time, however, when all the 
 public lands shall have been sold ; but fortunately, this pe- 
 riod is as yet far distant. 
 
 The different States have also their OAvn revenue, 
 derived in each of them from a different system of taxation. 
 Aa I have already observed, they can derive none from 
 exportation, importation, nor the transit of merchandise ; 
 but they may establish direct taxes, poll-taxes, excise 
 duties, on prepared hquors, rights of patents, &c. These 
 have also the power of raising loans, and employing their 
 capital on public banks, which may become productive of 
 benefit. All these measures and means are more or less 
 adopted, in the different States. Each county has its 
 expenses, to meet which the county court imposes cer- 
 tain taxes on the inhabitants ; as also in each town, the ex- 
 penses of the corporation are defra^^ed in the same manner. 
 Some of the principal towns have to meet considerable 
 demands ; the revenue and budget of the city of New 
 York, for instance, are much greater than those of the 
 State itself ; while the taxes on the people belonging to 
 
230 AMERICA AND THE AMERICANS. 
 
 the manor are very considerable. Philadelphia was also 
 in the same situation — but by a fortuitous circumstance, 
 she has been placed in a most extraordinary position — 
 which cannot but render her in time, the most beautiful 
 city in the world. It arose from the following event: 
 . A Frenchman named Girard, who quitted France extreme- 
 ly poor — as a cabin boy (if I mistake not), a sailor at most 
 — died in that city; at about the age of ninety, leaving a 
 fortune of about one hundred millions of francs, which he 
 had accumulated, by a long life of indefatigable industry, 
 strict probity, and remarkable privations. He was a man 
 possessing a strong mind, much esteemed — though follow- 
 ing a very singular mode of existence. He was most par- 
 ticular and circumspect in all things ; at the same time, 
 indulging in the accomplishment of schemes which grati- 
 fied his taste and spending his immense revenue in public 
 works of utility. At his death, among other legacies, he 
 bequeathed ten millions of francs for the establishment of a 
 college, on condition that no priest, whatever his religion, 
 should be allowed in any wise to interfere with its adminis- 
 tration. The greater part of his fortune however, more than 
 sixty millions, he bequeathed to the city of Philadelphia. 
 It is impossible to imagine the immense benefit which may 
 accrue from this munificent bequest, if properly adminis- 
 tered. The interest of this immense capital is sufficient to 
 meet all the expenses of the corporation, while it is proba- 
 ble that all taxes will be abolished, thereby favoring a 
 considerable increase to the population of the city ; and at 
 the same time, afford immense benefit to its manufactories. 
 Who at this period (1832) can form an idea of the great 
 improvement in roads, canals and public works, which the 
 corporation, by a judicious application of this collossal 
 sum, may not accomplish in the space of twenty years 
 hence ^ 
 
 The chief burden in the way of expense to the United 
 States, has been, the paying off the capital, and interest 
 
AMERICA AND THE AMERICANS. 231 
 
 on the debt, contracted during the last war (1812).* 
 During the war of the Revolution, the United States, in 
 order to meet its en2;a2;ements, and at the commencement 
 not being even in a position to obtain a loan, were obliged 
 to issue a paper circulation, similar to the French system 
 of mortgage — bought up " aux prix de la place," which 
 gave an appearance of bankruptcy, but which was not so 
 " de facto," for as this paper had been distributed at />ar, 
 and during its circulation gradually but imperceptibly de- 
 preciated in value, the last holder lost no more than the 
 former, and their comparative losses were exactly equal 
 to the portion they would have had to pay, towards any 
 tax, which might be raised to buy it in again at par. 
 Such a course, would, however, have given an unjust 
 advantage to the actual holders over those, at whose 
 hands, by previous circulation, they had purchased them. 
 At the befrinnino; of the last war, the credit of the 
 United States was extremely low ; they however mana- 
 ged to effect loans, since which period they have all been 
 paid off, with the exception of between thirty to thirty- 
 five millions of dollars — which will be so in the course of 
 two or three years. The States will then find themselves 
 in the possession of an overplus revenue of between twelve 
 and fifteen millions of dollars a year ; and they are even 
 now discussing the question of its appropriation.* This 
 
 * On the 30th June 1846, p2,568.07 was paid off on the old debt. 
 On the 30th June 1847, 8,081.69 
 
 The public debt of the United States on the 1st of December 1847, 
 amounted to $45,659,659. 
 
 * The revenue of the United States in 1791, was #'4,399,478. 
 
 " 1847, " 26,346,790. 
 
 Imports in 1791, $ 52,200,000. 
 
 " 1847, 146,545,638. 
 Exports in 1791, $ 19,012,041. 
 
 " 1847, 158,648,622. 
 Tonnage in 1791, $ 502,146. 
 
 *' 1847, 2,839,046. 
 
232 AMERICA AND THE AMERICANS. 
 
 question is more difficult in solution than would at first ap- 
 pear, for should it be in contemplation to diminish the taxes, 
 in such manner as merely to leave a revenue to meet the 
 expenses, all the manufacturers would be ruined, who 
 have employed their capital solely dependent on the faith 
 of the nation. I am anxious the tariff should be subject 
 to considerable modifications, but graduatim, and not in 
 such manner as to operate as a disastrous check to manu- 
 facturai industry ; from which all classes, from one cause 
 or other, would be the sufferers. One party has proposed 
 to divide the surplus revenue between the different States, 
 in given proportion — this however would lead to unfortu- 
 nate consequences. The equilibrium between the power 
 of the government of the States, and that of the Federal 
 government, would be sacrificed to the advantage of the 
 former ; leaving out of the question the impossibility of 
 establishing a mode of proportion, which would appear 
 equitable in the eyes of all. Another would have this 
 surplus applied by the Federal government for the erec- 
 tion of works of pubhc utility. This is again more objec- 
 tionable, from which the independence of the different 
 States would suffer. In my humble opinion a medium 
 course would be preferable. During the first years, I 
 would suggest the employment of this surplus revenue, 
 at once, towards the erection and completion of the 
 immense and extensive line of fortifications alone; our 
 coast, which the United States have undertaken, on so 
 gigantic a scale. This accomplished, the government 
 should devote a given sum, or proportion, to all incorpora- 
 ted societies for public works throughout the States. 
 In this manner, the government would year by year 
 accumulate a capital of from 12 to 15 million of dollars, 
 in road and canal shares, which would yield a considerable 
 interest, and which sum might be again emploj-ed in 
 nev/ and beneficial enterprises. By this means, should 
 a war occur or any chance circumstance which would 
 
AMERICA AND THE AMERICANS. 233 
 
 call for unexpected expenditure in the public revenue, 
 instead of raising loans, the government have only to send 
 their shares to the money market, and sell at prices current 
 a sufficient number to meet the emergency. 
 
 Should the Union remain in the same peaceful state in 
 which it is at tlie present day (1832) for ten years 
 longer, she would, by these means, find herself elevated 
 not only beyond the necessity of having recourse to such 
 expedients, but she might in the course of time, undertake 
 public works which would throw even the vaunted Pyra- 
 mids of Egypt in the shade ! 
 
 In the eyes of the European, projects of this descrip- 
 tion appear gigantic, but they are not so to an American. 
 Our government would only be doing what many individu- 
 als and corporations have done before it ; and in fact, the 
 rapidity with which fortunes are made and capitals amassed 
 in the United States almost exceeds belief. The demand 
 for capital is such, and our commercial, manufacturing and 
 agricultural enterprises so numerous, that however large 
 and quick the increase, it is immediately absorbed. Capi- 
 tal can always command from seven to eight per cent, in- 
 terest, and bring generally much more to those who em- 
 ploy it for such purposes. 
 
 That which produces the genius of industry in Europe 
 is the superabundance of its capital ; while in America, 
 the various degrees of industry have no other limit, but 
 their rarity. It therefore becomes necessary, in order to 
 obviate this inconvenience, to adopt a system of universal 
 credit, thereby permitting, as it were, the creation of ficti- 
 tious capital. Hence we have recourse to such means — 
 long credit being generally granted on all loans. A mer- 
 chant frequently purchases a cargo at three months credit, 
 which he knows must be sold at a loss, at Cuba for exam- 
 ple, but he will immediately find means of borrowing 
 anew the value of the cargo, making it over as securi- 
 ty. With these two sums collectively, he will bring back 
 
234 AMERICA AND THE AMERICANS. 
 
 in return a shipment of sugar and coffee, having already 
 realized large profits, before either of the respective claims 
 upon him, or the custom house duties of importation, be- 
 come due. 
 
 In general, the merchants residing in the capitals sell to 
 those retailing in the smaller towns, or country, at a credit 
 of six months or a year. These latter, also, make similar 
 arrangements with the planters, many of whom have paid 
 for their estates, and even the purchase of their slaves, by 
 the produce of these very estates, or some profitable specu- 
 lation. All is speculation ! few or none live on the inter- 
 est of their money, or their funded property exclusively ; 
 all is activity, enterprise, speculation and chance ! By 
 these means, immense profits are often realized — while 
 often, on the other hand, one false calculation leads to 
 immediate ruin. As the general capital of the nation in- 
 creases annually, to an immense degree, some are led to 
 imagine that every body must be prosperous. Although 
 this idea is somewhat fallacious, it is clear that the winners 
 bear a far greater proportion to the losers, in this general 
 lottery. Take the following case as one specimen of " en- 
 terprise." A carpenter from New England, who, like all 
 Yankees of his class, has been well educated, quits his 
 little town, where he has no hope beyond the routine of 
 a carpenter's existence all his life, and establishes himself 
 in a new western country, on the banks of some great 
 river. At first he starts as a boat contractor, and under- 
 takes to construct either private dwellings, or public edi- 
 fices on credit, he himself paying his workmen on credit, 
 lives on credit, and has credit with his tailor, &c. In all 
 this he succeeds ; he then purchases a piece of land, on 
 which he erects either mills or a factory ; he has now 
 started anew, as a miller or manufacturer. He now pro- 
 ceeds himself with his first consignment as far as New 
 Orleans, where he enters into other commercial specula- 
 tions, perhaps buys a steamboat, establishes himself in some 
 
AMERICA AND THE AMERICANS. 235 
 
 large town, where, by a false calculation, lie losse all. 
 This, so far from daunting him, is but a " spur to his am- 
 bition," and he begins again ! So far from discourage- 
 ment, being a man of known enterprise, who has already 
 made money, but lost it through misfortune, he will im- 
 mediately find some individual or company, who will 
 intrust him with the erection of a house, the direction of a 
 building yard, the management of a plantation, or the com- 
 mand of a steamboat ; the consequence is, that he in fact 
 enters into his new career with far more prosperous views 
 than in the one in which he originally embarked. 
 
 Supposing him to have undertaken the administration 
 of a plantation, he is at once in the position of an over- 
 seer, or manager. Nothing can prevent him during that 
 period from economizing his salary, and engaging in private 
 speculations (often at the expense of his employer). At 
 the expiration of a year or two, he will have succeeded, 
 or if he should have failed, he seeks out some new region, 
 selects his spot of land (on the banks of some river), 
 where he constructs a ferry-boat, and begins the world 
 again as an inn-keeper, mechanic, or " Jack of all trades." 
 If he be a clever, agreeable fellow, he soon becomes po- 
 pular, and may be even an influential man in the district. 
 He is first elected an oificer of the militia, then justice of 
 the peace, then a member of the legislature, and to crown 
 all, member of Congress ! Then in that exalted arena, he 
 argues the point with the first men of his country, by 
 which he at least gains some additional experience, in a 
 knowledge of men and things ; to all this he gradually ac- 
 customs himself — accommodates himself to the manners 
 of society, and becomes a fine talker, if he was not so be- 
 fore, and perhaps after all winds up his " strange eventful 
 history" by taking to the law. 
 
 It often happens, however, that these ambitious views 
 and " public alïairs" tend to divert his attention from his 
 own particular matters of business — politics change — his 
 
236 AMERICA AND THE AMERICANS. 
 
 party is overthrown — he gets thrown out of his election, 
 and becomes again the simple matter-of-fact man of busi- 
 ness, which I had the honor of introducing to you impri- 
 mis, and still nothing daunted he begins again ! 
 
 It not unfrequently happens, however, that he becomes 
 Governor of his own State, a director of the bank, or 
 winds up his honorable and laborious career, as a Judge of 
 one of the Supreme Courts. 
 
 There are but few of the most distinguished Americans 
 among us, who have not undergone some or other of these 
 ordeals " which flesh is heir to," or who have not been 
 engaged in occupations of the most opposite character. 
 
 At one moment your friend may be an advocate, some 
 years after you may find that friend at the other end of the 
 Union, as captain of a ship, planter, officer, merchant, or 
 even as an expounder of the scriptures — and who, per- 
 haps, in a succession of years, may have run through all 
 the characters ; and although he may not have realized a 
 fortune, either by his own fault, or that of his " evil star," 
 the community in some way or other derive advantages 
 from his labors, for the tree which he has planted in the 
 desert of his speculations bears with it its fruit, whether 
 it assuage his own thirst or that of the traveler. 
 
 In order to facilitate as much as possible this progressive 
 movement, often so rapid, turbulent and irregular, the 
 banking system was established, and for its development, 
 affording the greatest latitude imaginable. There is very 
 little silver circulation in the United States, comparatively 
 speaking ; that is kept pent up in chests and barrels, duly 
 sealed and labelled, and only quits one banker's vaults, to 
 be carried in cart loads to the banking-house of another. 
 The banking firms generally put in circulation bills to 
 three or four times the amount of their capital ; they are 
 sometimes for a very small amount, and in the South even 
 so low as six and a~quarter cents. In some States they 
 cannot pass under a dollar, while the United States Bank 
 
AMERICA AND THE AMERICANS. 237 
 
 circulates none under five dollars. These banks, amount- 
 ing to an infinite number, are formed by companies in 
 shares, the shareholders every year electing directors, 
 who also elect a president or governor ; also a cashier, 
 and all the subordinate officers. These officers con- 
 duct all the affiiirs of the society and receive the de- 
 posits, discount bills, lend out money on interest, and in 
 fact, engage in every affiiir requiring the advance of capi- 
 tal. The banks are bound to take up their bills in cash 
 payment, whenever they may be presented. They have 
 open accounts with each other — often the States them- 
 selves take shares in these banks. In the midst of the 
 enterprise and rivalry among these establishments, some- 
 times aiding each other, at others being in competition, 
 the great Leviathan, the United States Bank, extends its 
 branches, and discounting offices, and depots, from one end 
 of the Union to the other. It is this which regulates the 
 mechanism of the whole, preventing any sudden convul- 
 sion among them. Before its establishment, many banks 
 could suspend payments in specie, their paper circulation 
 became subject to changes, as also the rate of discount be- 
 tween one town and another, and arranged in such a man- 
 ner, that the government became always a considerable 
 sufferer. At present, however, all these banks are debtors 
 to that of the United States ; it takes upon itself the 
 transport of moneys to and from all parts of the Union, 
 at a discount which can in no case exceed two per cent., 
 and which generally with the government and in individ- 
 ual cases is done at par ; the other banks are consequent- 
 ly obliged to reduce their discount to the same level, with- 
 out which they could do nothing. All these banks circu- 
 late an immense mass of capital, and with incredible ra- 
 pidity. They set in motion, animate and stimulate the 
 energy and enterprise of the whole system of American 
 industry. On the other hand, the enormous risks to which 
 so many opposing interests must necessarily give rise, are 
 
238 AMERICA AND THE AMERICANS. 
 
 in a measure met by innumerable insurance societies ; tbey 
 are constituted on the same principle as the banks, and 
 afford protection against every species of loss or disaster. 
 Many manufacturing, mining and other companies form 
 themselves also into similar establishments, and enjoy si- 
 milar privileges of issuing bills, together with others grant- 
 ed them by the Legislature. The roads, canals, bridges, 
 railroads, and in fact all the public w^orks, are constructed 
 under a similar system. All these societies are corporations, 
 having a civil and political existence, and can sue at law 
 or be sued like private individuals. Each employs its own 
 counsel, architect, engraver, engineer, &c., and becomes a 
 source of immense prosperity and advantage for the towns 
 wherein they have their establishments. It is true they 
 are liable to reverses and failures, but such occurrences 
 are extremely rare. Strangers who have transactions in 
 the United States not unfrequently complain of the bad 
 faith and instability attending commercial speculation here. 
 This I attribute, in a great measure, to their own improvi- 
 dence in the selection of their correspondents, to whom 
 they carelessly leave the whole responsibility and manage- 
 ment. Frequently it happens that fertile lands have been 
 discovered in a certain locality — government disposes of 
 them at a high price to speculators ; hence arises a mo- 
 nopoly, people flock hither in crowds, works of public 
 utility are established, shops are opened in all directions, 
 the prices of land continue on the increase, at last a bank 
 is opened, and all presents a glowing scene of prosperity ; 
 when lo, all at once, a succession of bad harvests arises, or 
 the yellow fever, or the erection of similar establishments 
 in some more favorable locality takes place, from a spirit 
 of change and love of novelty, while ruin or total aban- 
 donment are the results. The lands, which had risen in 
 price far above their real value, are sold for comparatively 
 nothing ; the population finding that fortunes cannot be 
 made so quick as they anticipated, become dispirited or 
 
AMERICA AND THE AMERICANS. 
 
 239 
 
 disgusted, and abandon the place with as much eagerness 
 as they evinced when taking possession ; and all assumes 
 the appearance of a desert, which had so lately promised 
 to become, as it were, a paradise of wealth and happiness ; 
 while the new locality, from experience gained from the 
 causes of the failure of the former, becomes appreciated 
 at its real value, which is established on a permanent 
 basis, that is, as far as possible in a country rising so ra- 
 pidly in the career of civilization and prosperity as the 
 United States of America. That individual, therefore, is 
 fortunate who, studying the characteristics of the people 
 and their institutions, as also the geography of the coun- 
 try, its climate and productions, knows how and when to 
 speculate ; but woe to him, particularly the European, 
 who, devoid of all local knowledge, engages in an enter- 
 prise, whatever be its nature, through the advice of friends 
 who are themselves interested therein, or who, acting with 
 perfect good faith, form a wrong estimate of the matter. 
 For, like Panurgus, he is certain, in buying dear and 
 seUing cheap, to arrive at the same result, and be ruined, 
 unless he possess the courage, presence of mind and flexi- 
 bility of character of the American, who bears up against 
 every obstacle ; and who, possessing the faculty of priests 
 and cats, when he falls, invariably manages to come down 
 upon his legs. 
 
 FINANCES OF NEW YORK CITY. 
 
 Receipts, #5,392,674; Expenses, #5,557 ,213; Taxable Real Estate, 
 $187,315,386; Taxable personal property, 1848, #59,837,917; Per 
 centage of tax, 1.11. 
 
 Revenue of Croton Aqueduct from May 1, 1847, to May 1, 1848, 
 #226,551.83, being an excess over the preceding year of #32,000.49. 
 
 BANKS OF NEW YORK STATE. 
 
 Resources (167 banks, 2 branches), #132,249,276; Liabilities 
 (167 banks, 2 branches), #132,249,276. 
 
 Aggregate amount in circulation (Dec. 1st, 1847,) of all the free 
 banking associations and individual bankers in operation, #10,366,- 
 554 ; Securities deposited for the redemption of these bills, at same 
 date, #11,100,253. 
 
CHAPTER XI. 
 
 MANNERS, FINE ARTS AND LITERATURE. 
 
 The field of Literature — Periodical Press, its virulent party spirit 
 in the Contested Election of Adams and Jackson — Love of Political 
 Controversy — Character of the American — Comparison with the 
 English — Peculiar Classes of Society — Immigrants in New York, 
 Boston and United States — Broadway of Ncav York — Society of 
 Philadelphia — Its Quakers — Wistarparties — Charleston — Its su- 
 perior Society — Richmond — Hospitality of the Virginians — New 
 Orleans — The " Babylon of the West" — Society in Washington — 
 Belles and Heiresses — Conquest of the "Belle" — Choice of a Hus- 
 band — A Female Congress — Dangerous to the Southern Deputies 
 — The Ladies harmonizing the " ties of Matrimony" and the Re- 
 public. 
 
 If the government of the United States is established 
 on a hitherto unknown and new principle — at least in its 
 application, that of the sovereignty of the people in its 
 most absolute sense, society itself also as regards indi- 
 vidual intercourse is equally so. 
 
 There exists no aristocracy of birth. The acquisition 
 of wealth affords physical advantages by purchase, while 
 talent and merit have no limits to their just ambition. All 
 in our republican system are strictly classed according to 
 their individual capacity, and in this sense, the road to 
 fame and fortune is open to all. This system is based on 
 the most absolute principles of liberty ; and perfect inde- 
 pendence is the result. Active, energetic, and persever- 
 ing competition is the secret main-spring to our American 
 system — fortune, power, love and riches, all these treas- 
 ures, are the rewards of the skillful and enterprising. All 
 are welcome to the banquet — all are equal in point of 
 right, and have an equal chance of success ; and if in one 
 case, fortune offers superior advantages — it possesses not, 
 on the other hand, that necessary animus which calls forth 
 energy of action, in one less fortunate. Wealth in itself 
 
AMERICA AND THE AMERICAÎTS. 24 Ï 
 
 cannot render a man the bit the wiser, nor make a man 
 intellectual, who is naturally a fool, but on the contrary 
 places his own fortune in jeopardy, from the attacks of the 
 more wily and enterprising of his species, A man once 
 engaged in a career, no matter what, if he possess not 
 activity and energy, will find himself outstripped in the 
 race to fortune by younger and more persevering rivals. 
 The continual competition — this unceasing strife as it 
 were, of all against all, creates an activity in the general 
 Mitercourse of society, j^roducing the most happj^ results. 
 Whatever be our career we become entirely dependent on 
 ))ublic opinion. This holds a despotic sway, and classes 
 each according to his works and capacity, for it is ever 
 disinterested, and rarely errs in its judgment. To form 
 this howe\ner, the greatest publicity is rer[uired ; and such 
 is the system of our mgime in the United States, that for 
 the accomplishment of this the greatest facilities are 
 afforded. The press is completely unfettered — the publi- 
 cation of journals and tlieir circulation, far from meeting 
 with obstacles in the shape of caution money, /ees of securi- 
 ty or stamp duties, meets with the most liberal encourage- 
 ment. Hence they are innumerable. Ev^ery town abounds 
 w^ith them, and every village possesses at least one — v/hile 
 every shade of opinion, however trifling it be, has its 
 interpreter. All is known and conmiented upon ; hence, 
 in the States, the only means of escaping scrutiny is to 
 have no secret. Thus v/ith such a system of intelligence, 
 public opinion seldom errs in its judgment or verdict, I 
 will not here undertake a defense of tlie American periodi- 
 cal press in general, for among the generalit^^ of them 
 there are few really good ones in proportion to their 
 quantity, while others again exercise little delicacy in their 
 means of sustaining the good opinion of the public. Their 
 violent party virulence, however, carries with it its own 
 counter-poison ; moreover a jiersonality has always its 
 reply, and hence it follows, that the coarse, evil tone of 
 11 
 
242 AMERICA AND THE AMERICANS. 
 
 expression which they indulge in, has a direct tendency to 
 famiharize the ears of its readers to the reproaches of the 
 opposite party. 
 
 During the contested election between Adams and 
 Jackson, the journals of both parties took so virulent a 
 tone and published so many gross calumnies, that it 
 became really disgusting to peruse them. Whoever be- 
 lieved in them, would have sincerely lamented the fate of 
 the nation, being compelled to choose between two such 
 rascals, as the candidates were represented to be, by the 
 journals of the opposing parties. To be just however, I 
 must observe the great difficulty which exists in the 
 elections in the United States, of making a selection among 
 many of equal claims and merit. The republic is advancing 
 tranquilly, but rapidly in the road to prosperity, without 
 presenting any of those violent and sudden events, which 
 call forth talents of a superior order in an emergency. We 
 can boast of people possessing the highest order of merit, 
 and that in abundance, but it is almost impossible in the 
 state of tranquillity we enjoy, to elevate themselves to a 
 position above the order of merit immediately below them. 
 Hence it follows, that the less difïerence there exists in 
 the merits of two candidates, the more will those merits 
 be eulogized and exaggerated by the journals of their respec- 
 tive parties : the difference being so trifling as not to be 
 perceptible, were it not multiplied through a thousand 
 channels on the road to public opinion. 
 
 One of the most remarkable results of this publicity is 
 the interest which each individual takes, in tjie politics of 
 the day ; hence the general topic is always the same, 
 in whatever society yoa may appear : the coachman may 
 be heard at the corner of the street disputing the merits 
 of the candidates with the porter, while the lawyer, the 
 planter and the clergyman, dining at the rich merchant's 
 table, all tender their various comments and opinions. 
 The forthcoming election, a measure proposed either in 
 
AMERICA AND THE AMERICANS. 243 
 
 Congress, the Legislature of the State, or the last impor- 
 tant law process — form the subject of conversation, and 
 opinions are differently expressed, according to the different 
 circles. The subject is ever the same, and equally under- 
 stood by all, since these various journals are read by all 
 classes of the community. 
 
 It is easy to imagine where such a unanimity of opinion 
 exists in a nation, such similitude in tastes and intellectual 
 occupations, the difTerences between the classes of which 
 society is composed, is altogether chimerical. I do 
 not from this mean to imply, that there exists not in the 
 States several circles of society, for it cannot be other- 
 wise in every civilized country ; I mean to say, however, 
 that the limits which divide them are so slender, that 
 though there be many circles, there exists no distinction 
 of rank or caste. 
 
 The American is mild and polite, but bears the impress 
 •I of all the conscious pride which a free and independent 
 man should possess ; he pretends to no superiority, but 
 on no account will he submit to be treated as an inferior. 
 Each considers that he is working for a livelihood, and far 
 from indulging in sloth or idleness, he holds them in con- 
 tempt, and deems all honest callings are equal in dignity, 
 though requiring different degrees of talent, yet claiming 
 the distinctive right of unequal retributions. The servant 
 of a lawyer, or a doctor, for instance, sees no material 
 difference between himself and his employer ^ the word 
 master being confined to the colored classes. The oiie 
 brushes clothes, the other pleads causes — feels jmlses — 
 another preaches — ^judges a case — makes laws or assumes 
 the government — and all to gain money ; with this differ- 
 ence, that each follows his peculiar calling to enrich him- 
 self as best he can. To this effect, the servant will be 
 submissive and attentive, but as soon as he thinks he can 
 better his position, he quits his master, and on no account 
 will he submit to be insulted or ill treated. If he fall ill 
 
244 AMERICA AND THE AMERICANS. 
 
 or has a lawsuit, he appeals to his employer ; pays him and 
 considers quoad, a change of position between them. 
 
 This spirit of independence is the distinctive character- 
 istic between the English and American habits, though 
 they closely resemble each other both externally and 
 physically. If you enter what is called the first society 
 in New York, you will find little perceptible difference 
 between their manners and those of a similar class in 
 England. At New York, this society is chiefly composed 
 of merchants, raised to fortune's pinnacle with newly 
 acquired wealth, which the chances are, they do not re- 
 tain ; and avail themselves of their prosperity to indulge 
 in every luxury. Man}^ have made the voyage to Europe, 
 and, in many cases imitate the follies and exclusive man- 
 ners of which they had been the victims on the other side 
 of the Atlantic — affect to value everything foreign,* and 
 to look back upon America as an uncivilized country, 
 where nothing recherché or elegant has been invented, — 
 not even a polka, or '^gigot de mouton" sleeves. Men 
 of this class of society feign indifference to politics, or at 
 least do not make it the subject of conversation, as being 
 too vulgar, and of " mauvais ton " in London. 
 
 Next to this society, is that formed by a class of mer- 
 chants, ship-owners, lawyers, doctors, and the magistracy. 
 This class is truly American — has a perfect contempt for 
 the follies of European extravagancies ; while their con- 
 versation is sound, intelligent, and instructive, and chiefly 
 runs upon the politics of the day, and their own pecuhar 
 affairs. The society of New York is more tainted with 
 European manners than any other city of the Union ; this 
 
 * I myself remember a gentleman whose fortune enabling him 
 to visit Italy, had an inveterate monomaniacal feeling of talking of 
 Rome and the Romans ; and to such an extent did he carry his 
 conversation, that he has been known to compare a molehill in the 
 vicinity of his residence to the splendid fortress of the castle of 
 St. Angelo at Rome, reminding one very much of the antiquarian 
 of Sir Walter Scott and his "modern antiquities." — Trajvs. 
 
AMERICA AND THE AMERICANS. 245 
 
 may not appear extraordinary, considering the immense 
 number of foreigners continually arriving and resident 
 therein.* It has more theaters than any other ; and boasts 
 its Italian opera and corps de ballet. There also exists 
 more dissipation and extravagance. The great street, 
 
 * From 1790 to 1840 tlie number of immigrants who had arrived 
 in the United States, amounted to 2,058,655. This number may 
 appear incredibly large; but the census of Boston, taken in 1845, 
 shows that foreigners made up one-fourth of the population of the 
 city, and if their children be counted with them, they constitute 
 one-third of the whole number of citizens. Nearly two-fifths of 
 the citizens of New York, according to the enumeration of 1845, 
 are of foreign birth, and if their children be added, they form a 
 majority in the city ; more than one-eighth of the population of the 
 State of New York are foreigners. If we add the immense Ger- 
 man population in Pennsylvania, Ohio and other States, the con- 
 clusion at which we had just arrived, that more than two millions 
 of immigrants came hither in the half century preceding 1840, will 
 not seem extraordinary. And their number is increasing with 
 marvelous rapidity ; it is quite certain that as many as 250,000 
 arrived in the single year 1847. The day on which I myself ar- 
 rived here from the West India colonies, more than 2000 European 
 immigrants landed at New York. — Trans. 
 
 FoREiGivr Immigration. — A meeting was held last evening, at 
 No. 132 Court street, in this city, to consider the subject of making 
 some provision for the numerous immigrants who are now flocking 
 to our shores. A plan was submitted to the meeting by Mr. 
 Mooney, wiiich contemplates the organization of an Immigrant 
 Land Company, who are to furnish immigrants with a farm, house 
 and stock on easy credit, at a remunerative cost and charges. It 
 is proposed to commence with a capital of $100,000; this capital 
 to be divided into shares at fifty dollars each. "With this fund 
 farms are to be purchased in the western country, plowed and 
 stocked, and comfortable houses erected thereon. It is estimated 
 that the tenth part of the annual produce of his farm will enable 
 the immigrant to pay for it in seven years. 
 
 The State of Wisconsin has been selected as the most suitable 
 locality for making purchases of land. An agent is shortly to be 
 appointed Avho will proceed to that State to select suitable tracts, 
 and a permanent agent is afterward to be appointed to superintend 
 the operations of the comjjany in that region. Agents are also to 
 be appointed in the various seaports, who will cooperate with the 
 company. 
 
 A committee, with Mr. J. W. James at its head, was appointed to 
 make all requisite preliminary inquiries, and to digest a plan for 
 raising the necessary funds. They are to report at an adjourned 
 meeting. — Boston Traveler, April 28. 
 
246 AMERICA AND THE AMERICANS. 
 
 called Broadway, affords an excelleiit idea of America, 
 to the European on his arrival. After Regent street, in 
 London, it is the finest street in the world. Its capacious 
 footpaths, ornamented with elegant shops, are at certain 
 hours of the day crowded with fashionables. It is here 
 all the beauty of New York promenade,* the admired of 
 the cavaliers of the other sex. 
 
 The society of Philadelphia is of a more quiet character. 
 The Quakers form a happy and peaceful population, 
 giving an air of stillness to the place. Here the streets 
 are less crowded and noisy than in New York. The car- 
 riages are less numerous ; the streets being more cleanly 
 and better laid out,| there is little necessity for them. 
 Chestnut Street is the best constructed, and the one which 
 is the favorite promenade of the fashionables, and which 
 may be seen by the stranger to advantage about noon, from 
 the establishment of Messrs. Carey and Lea. The society 
 of Philadelphia is considered more intellectual than that 
 of New York ; the professors of the University there lead 
 the to?i, which gives it a slight degree of j^edantry. There 
 are assemblies of savans and men of letters, called Wistar- 
 parties, to which civilians possessing superior merit are 
 admitted ; while strangers of note are always invited to 
 attend. There are fixed days appointed at the residences 
 of different persons by rotation, where science, literature, 
 the arts and politics form the ordinary topics of conver- 
 sation, and are conducted with much urbanity, and general 
 intelligence ; these terminate with a supper, the whole 
 affording the European guest a high opinion of the intel- 
 lectual resources of the city. 
 
 * One side being selected " par excellence " by the " elite." — 
 Trans. 
 
 t "We may challenge the whole metropolises of the world, from 
 St. Petersburgh to Tahiti, or "Ballinasloe" in Ireland, to present 
 such a disgraceful and abominable filthy appearance as did the 
 streets of New York during the past winter, up to almost the pre- 
 sent day ; though, much to their credit, denounced by the whole 
 city press. 
 
AMERICA AND THE AMERICANS, 247 
 
 Charleston, however, is the city '^ par excellence" of 
 American society and luxury. There, the company in 
 general is composed of planters, lawyers, doctors, &c., 
 forming the most agreeable society I was ever in. The 
 manners of the South are elegant to perfection, and the 
 mind highly cultivated, while their conversation runs 
 through a variety of topics with the greatest ease, fluency 
 and srace. There is no frivolous affectation of foreign 
 manners here — no religious hypocrisy or pedantry — all is 
 intellectual, virtuous, and rational. Charleston forms the 
 ordinary residence of many of the most distinguished 
 members of the Senate and State throughout the Union ; 
 who are ever willing to impart information and instruction 
 to their fellow-citizens. 
 
 The society of Richmond resembles much that of 
 Charleston, and is also very agreeable. In Virginia, good 
 society is found in every part of the State ; more so than 
 elsewhere, from the circumstance of there being no attrac- 
 tive capital to give to it an air of exclusiveness. The 
 hospitality of the Virginians has deservedly become pro- 
 verbial. 
 
 New Orleans forms in itself a striking contrast to all the 
 other large cities, — little intellectual conversation is met 
 with here, — very little instruction, — and it contains (1832) 
 only three libraries, to a town of .^0,000 inhabitants,* 
 while the book-stores contain works of the worst descrip- 
 tion of French literature. If there is httle conversation, 
 however, ample means are afforded for eating, playing, 
 -dancing, and making love. In one particular institution in 
 this town, periodical balls are held, where the free women 
 of color alone are admitted to have the honor of dancing 
 with their white masters ; while men of color are strictly 
 excluded. The tout ensemble forms a unique spectacle, — 
 to behold some hundreds of lovely, and well-made, and 
 well-dressed women of all castes, from cream-color to 
 
 * In 1840 the population amounted to 102,193.— Trans 
 
248 AMERICA AND THE AMERICAN'S. 
 
 the most delicate white, united in those splendid saloons 
 of luxury and dissipation. Gentlemen of the highest 
 class frequent these balls, which are public, but conducted 
 with great propriety. Gambling-houses are very common 
 in New Orleans, wherein many a young Kentuckian has 
 been ruined, who came to pass the carnival in this Babylon 
 of the West. 
 
 The cit}^^ however, in which American society is seen 
 to the greatest advantage is Washington, during the win- 
 ter. In summer, it is almost deserted, and chiefly inhab- 
 ited by those employed in the departments of government. 
 The first Monday in December is the day fixed upon for 
 the annual meeting of Congress. As this period ap- 
 proaches, the senators and representatives arrive in crowds, 
 accompanied by their families, and followed by an army 
 of place-hunters, or people having official engagements 
 with Congress. The city is soon filled ; the different min- 
 isters and diplomatic corps give entertainments ; the mem- 
 bers of Congress return the compliment in dinners, and if 
 the day has been passed amid the turmoil of affairs, night 
 follows with its train of pleasures, in balls, routs, &c. 
 The President holds a levee once a week ; that is to say, 
 once a week he gives an evening reception to all who are 
 disposed to pay their respects to him. It is conducted 
 wàth the most unassuming simplicity ; while the affluence 
 of the visitors, is all that distinguishes these reiinions from 
 those of any private individual. 
 
 The conditions being those of equality in America, 
 parents seldom oppose their daughters in the choice of a 
 husband. Hence, throughout the Union it is so under- 
 stood, that this choice concerns the lady alone ; while it 
 rests al&o with their own degree of prudence, to avoid con- 
 tracting a marriage with one unworthy of their afFection&. 
 Moreover, the interference of parents is looked upon as 
 an act of indiscretion in these matters. Nothing can be 
 more happy than the lot of a young American lady, from 
 
AMERICA AND THE AMERICANS. 249 
 
 the age of fifteen to five-and-twenty, particularly if she 
 possess the attraction of beauty (which they generally do), 
 and to some, the more attractive possession of fortune. 
 She becomes the idol and admiration of all, and her life is 
 passed amid festivities and pleasure ; she knows no con- 
 tradiction to mar her inclinations ; much less, refusals. 
 She has only to select from a hundred w^orshipers the 
 one whom she considers will contribute to her future hap- 
 piness in life, — for here all marry, and with, of course, 
 some exceptions, all are happy. This " position of a 
 belle," as it is called, has too much attraction in it to be 
 so soon surrendered, and it is only after having refused 
 several offers, that she yields the field to another " belle of 
 the season," and her heart to her envied and fortunate 
 suitor. It is to Washington, of all the States, where 
 beauty goes to display her attractive graces, forming a sort 
 of female Congress,* at Avhich beauties from all parts of 
 the Union attend. Here, some hot-headed deputy from 
 the South becomes enamored of the unassuming charms 
 of a beauty of the East ; or a daughter of Carolina rejects 
 the advances of a northern, senator. These are only ex- 
 ceptions, however, for at the end of each session many 
 marriages are given out ; this serves to bind more closely 
 the harmony and good feelings of the States, and multiply 
 the links which connect in an indissoluble tie the elements 
 which form this great Republic. 
 
 * In Paris, the ladies made an effort to get returned as deputies 
 to the National Assembly ; the French cavaliers, however, contrary 
 to their usual spirit of gallantry, opposed this movement on the part 
 of the political Amazons. When in Paris, I remember seeing 
 ladies on the " Bourse." This was also opposed by the authorities, 
 probably from the circumstance of their having already quite enough 
 authority over the purses of the gentlemen. — Trans. 
 11* 
 
CHAPTER XIL 
 
 MANNERS, &c., CONCLUDED. 
 
 Marriage a change in the " Spirit of the Belle's Dream" — Two 
 Classes of Inamoratos — Ball Room, the Winter Champ de Bataille 
 of " Belles" and " Cavaliers" at Washington — Saratoga, the Sum- 
 mer do. — Hotels and "Bird Cages" at Saratoga — The "Head 
 Quarters of Lovers who have exchanged Hearts" — " Court" Ac- 
 quaintance — Of the Bar — American and English Manners — Anec- 
 dote of Martinique, Freedom and Egalité — Cost of Living among 
 the Americans — Upper Classes of America — Ministers to Foreign 
 Courts — Literature and the Fine Arts — " Neglect of Genius" — 
 Magazines, &c. — The State of New York Celebrated for its Edu- 
 cational Establishments — The Universities — Jesuit Colleges — Re- 
 ligious Convents — Religious Sects Opposed — Architecture — Pri- 
 vate Residences — Instruction in Music — W^altzing — Enlightened 
 Change from Puritanical Habits and Customs — Corps de Ballet — 
 Musard's Carnival — Statuary and Paintings — False Delicacy — 
 Opinions of Murat on the Present State of the Fine Arts in 
 America — Conclusion. 
 
 Once married, the habits of the ladies become totally 
 changed. Adieu to gayety and frivolity — not that she is 
 the less happy, but that happiness takes a more serious 
 air ; she becomes a mother, and occupies herself with her 
 menage, her affections are entirely domesticated ; while 
 to the charm of admiration is added that of esteem by all 
 who surround her. Everywhere in the United States, 
 society is divided into two characteristically distinct 
 classes ; that of the unmarried of the two sexes, whose 
 principal occupation consists in playing the amiable "en 
 inamorata," or in the selection of a partner for Hfe — the 
 other, they who have already settled down in that capaci- 
 ty. Of these latter, you will observe the gentlemen in the 
 corner of a saloon, or forming groups, talking politics, or 
 on other matters of a more domestic nature, scarcely now 
 noticing the beauties whom they formerly perhaps so 
 much admired, unless probably to pass good humored 
 
AMERICA AND THE AMERICANS. 251 
 
 jokes on their conquests in some little coquettish affair. In 
 another part, the matronly ladies will be discoursing on 
 family matters, or receiving marked attention with becom- 
 ing grace, and expressions of admiration from the young 
 cavaliers for their daughters. The ball room, for these 
 latter belles and their admirers, is their regular champ de 
 bataille. The young ladies confide to each other the 
 amount of d-eclarations and refusals, tendered during the 
 evening ; while a thousand little mignon coquetteries are 
 resorted to in order to induce the lover to declare himself, 
 and to have, oh cruel belles ! the agreeable pleasure and 
 satisfaction of tormenting him afterwards by a refusal. 
 All the little nothino-s and arch skirmishino-s of this mimic 
 war are perfectly innocent in their way, for their manners 
 and habits are of that purity which sets at naught the 
 tongue of scandal or reproach. 
 
 If Washington be the theater of the winter campaign, 
 Saratoga opens that of the summer. The source whence 
 spring the mineral waters of the State of New York is 
 here, and to which all the fashionable world of the Union 
 proceed on a tour, during the months of June, July and 
 August in each year. The heat of the climate of the 
 South, together with the intermittent fever, which deso- 
 late the plantations during that season, oblige the planters 
 to travel northward. They proceed with their families to 
 New York, whence they ascend the North River as far 
 as Albany, and from thence proceed to Saratoga, and 
 after a sojourn of some days there, they go on to the great 
 lakes ; then visit Niagara — the grand Canal, the Catskill 
 Mountains, and perhaps push on as far as Canada. 
 
 During the summer season the State of New York is 
 full of an immense number of travelers and stranp:ers, who 
 travel both for the sake of health and pleasure. At Sara- 
 toga the greater part of the visitors reside in immense 
 establishments, many of whom however are wretchedly 
 accommodated, or caged in rooms six ÎQQi square. The 
 
25:2 AMERICA AND THE AMERICANS. 
 
 public saloons however are magnificent, while the exteriors 
 of these buildings have quite a monumental appearance. 
 The visitors rise early and proceed to drink or assume the 
 intention of drinking the waters, then return to a general 
 breakfast. While the papas and mammas have an air of 
 ennui, the young ladies amuse themselves with music, or 
 listen to the more melodious notes of the young gentle- 
 men, or amuse themselves by making various excursions. 
 in the neighborhood of the Springs. The evenings are 
 devoted to dancing. This sort of local amusement soon 
 becomes tediously monotonous, and the charm of novelty 
 dies away after a few days. Saratoga is generally the 
 summer head-quarters for the lovers, who parted company 
 at the close of the winter season at Washington, while 
 they again rendezvous at this latter place on their return 
 from Saratoga. These points of reunion and above all, the 
 public sans façon manner of life adopted, as it were, 
 at the springs, oflers every facility for enlarging the circle 
 of one's acquaintance. In fact an American or they whom 
 he recommends can find friends throughout the Union, 
 wherever they may be, and are certain of meeting with a 
 ready welcome in the true spirit of hospitality. 
 
 In every city the principal citizens or they who hold 
 that position from their influence, fortune or talents, mq,ke 
 it a duty to do the honors of the place to any stranger 
 who may lay claim to such attentions ; and as soon as 
 they are made aware of this by private intimation or 
 through the public journals, they receive a visit and invi- 
 tation, while the guest seldom quits the table without re- 
 ceiving a similar compliment from one of the company, by 
 which means he becomes generally known throughout the 
 society of the place. If there are balls, or public dinners, 
 he forms one of the company ; and if he be one possessing 
 political influence or in any manner distinguished as a 
 popular character, he is not unfrequently entertained at a 
 pubhc dinner by subscription. These attentions are re- 
 
AMERICA AND THE AMERICANS. 253 
 
 turned by the traveler as far as circumstances will permit, 
 on being duly installed in his hotel or private residence. 
 Hence by the establishment of these good oflices, acquaint- 
 ances and friendship are improved and cemented the more 
 throughout the different cities of the Union, one with 
 another. Independent of this, there exists a perfect 
 " esprit de corps" throughout the various professions, 
 more particularly in that of the law. Thus fraternizing 
 together, their practice is rendered the more agreeable ; 
 for however they ma}^ dispute the point with each other 
 in the courts, the matter ends the moment of their departure 
 thence ; hence you will generally find that the whole of the 
 members of the same court or circuit live on terms of the 
 greatest intimacy. The assizes are always a time of festi- 
 vity among them, for not only those resident in the same 
 cit}', but also the principal citizens of the place, make a 
 point of inviting the members of the bar, the court and its 
 officers to dinner by turns. When I speak of good society, 
 I would be understood to allude to all classes, with this 
 observation however, that in proportion as we descend 
 the scale, it is natural to conclude, the parties are less 
 elegant and refined, as the manners are less perfect, and the 
 people less educated. In one particular their manners are the 
 same, and all the world give balls and tea parties, even to the 
 negroes. 
 
 The great difference existino; between American and 
 English manners, and which so strongly characterizes the 
 two societies, is the total absence of that spirit of social 
 servility, which in England forms so marked a contrast 
 to the free institutions of which the English have so 
 just a reason to be proud. There is not a man or woman 
 in England, who is not continually striving to appear more 
 than they, are ; or anxious to appear in some grade of 
 society above their own station in life.* This state of 
 
 * A man of the world as Murat unquestionably was, must have 
 known that this chai-acteristic of human frailty is peculiar to all 
 
254 AMERICA AND THE AMERICANS. 
 
 society has no existence in America. Here the spirit of 
 equahty is carried so far, that a simple workman, should 
 he think fit or find it convenient, may at a pohtical dinner 
 sit himself down beside the wealthiest citizen,* as well 
 can a woman of good character appear at a public subscrip- 
 tion ball without consideration of fortune. There exists 
 also that spirit of independence which forbids the favor of 
 an obligation which they cannot return. It is the existence 
 of such habits and feelings which creates that part of 
 social equality among all classes. 
 
 In order to live in an independent manner in America, one 
 must spend on an average from four to five thousand a 
 year ; they who spend less feel no desire to connect them- 
 selves with others, where from want of fortune, they might 
 find themselves humiliated. Very fevv^ spend more than ten 
 thousand a year, hov/ever wealthy they may be, as it 
 would in a measure tend to isolate them from society. "j" 
 
 nations, not excepting America; one remarkable instance of which 
 came within my own particular knowledge ; he was I must candidly 
 confess only an American by adoption, which character he however 
 disgraced by dishonor and treachery. — Trans. 
 
 * I was at Martinique during the insurrection of last year, when 
 emancipation was proclaimed ; at St Pierre, the capital, a grand 
 dinner was given in honor of the event at the Theater, the admis- 
 sion to which was so much for a ticket. At this festival of free- 
 dom a wealthy gentleman, and one holding a high official appoint- 
 ment, on taking his seat, to his astonishment saw his " maitre 
 d' hotel" or house steward seated opposite to him at the same table, 
 and by whom he was saluted with all the politeness of sable etiquette 
 and which the gentleman returned, with a smile of the greatest 
 good humor and " fraternit;^." — Trans. 
 
 t The upper class or aristocracy in America are facetiously call- 
 ed the " upper crust," "upper ten," and by the canaille the " codfish 
 aristocracy," and who like the Red Republicans of France and 
 the Jack Cade Chartists in England, possess an inveterate hatred 
 of every thing approaching aristocratic pretensions, as was woefully 
 and fatally exhibited in the late " Astor Place Riots" where, in this 
 free republic, the military were called out, and fired indiscrimi- 
 nately on the assembled multitude, who by the bye (though I was 
 
AMERICA AND THE AMERICANS. 255 
 
 This is one reason why the salaries of Ihe inferior govern- 
 ment officers here are higher than that which is given to 
 those holding corresponding appointments in France, 
 while that of a minister is much less.* ' 
 
 In a country where all are more or less engaged in busi- 
 ness, where few are disposed, if capable, to live on their 
 rents or the interest of their capital, it cannot be supposed 
 the fine arts and literature would acquire their full de- 
 velopment. This in no way arises from want of talent, 
 or natural taste in the American ; but more particularly 
 from want of pecuniary encouragement ; and so long as 
 the genius of the poet and painter receive less remunera- 
 tion for their works than the lawyer and preacher, there 
 will be much talking, but very little original wntmg.1[ 
 
 American literature, at the present period, is mostly all 
 of an oral character, eloquence being the branch most 
 developing it. From the American reviewsj we may 
 
 one of tliem as "a spectator") had no business there, and was 
 within an inch of having a ball through my head from my " curiosi- 
 ty." — Traxs. 
 
 * The pay of an American Minister Plenipotentiary is 1^9000 per 
 annum as salary, besides $i9000 outfit. 
 
 The pay of Charges dAflfairs is $;4500 per annum. Secretaries 
 of Legation $2000, of Ministers Resident $0000. 
 
 The United States are represented by Ministers Plenipotentiary 
 at the courts of Great Britain, France, Russia, Prussia, Spain, 
 Mexico, and Brazils ; and by Charges d' Affairs, at the courts of 
 most of the other foreign countries with which this country is 
 much connected by commercial intercourse. — Trans. 
 
 t Literary talent and genius, as is generally well known, meet 
 but with little pecuniary encouragement or emolument from the 
 American publishers in comparison with those of Europe. This 
 arises from all the literature of Europe of any originality of talent 
 being immediately reproduced here. As an instance of the " ne- 
 glect of genius," Percival, the American poet, was kept from 
 starving in New York, by selling his splendid poem of the 
 " Plague " for five dollars. — Trans. 
 
 X There are several reviews and literary periodicals of a high 
 order of merit, and evincing much discriminative and superior 
 
256 AMERICA AND THE AMERICANS. 
 
 easily perceive, in the talent which they evince, that it is 
 not the want of capacity, but time, with the contributors. 
 A person engaged in an active avocation may manage to 
 devote a few hours to literature and science, but could not 
 without serious loss in that avocation devote himself to a 
 work of importance. I am aware that w^e possess some 
 authors in that department of literature, of the hghter 
 kind of composition, requiring lightness of style, deli- 
 cacy of touch, vividness of description, and freshness of 
 thought ; but they form exceptions to a general rule, and 
 may be looked upon as the forerunners of a generation of 
 men of letters yet to come. 
 
 talent. Among these tlie first in solid, sound reasoning and utility, 
 stands Hunt's Commercial and Banking Magazine, liaving an ex- 
 tensive and Tvell-merited circulation. The American Review, 
 edited by the talented Mr. Whelpley, as also the Democratic, edited 
 by the no less practically sound moral delineator of men and 
 events, Mr. Kettel ; together with the Massachusetts Review, and 
 our old esteemed friend Knickerbocker, with the facetious vein 
 of humor emanating from his editorial table, and a perfect antidote 
 for cholera and the blue-devils, are all excellent models of the ori- 
 ginal style of the contributors to American periodical literature. 
 Godey's and Graham's and Sartain's Magazines are, for the beauty 
 of their engravings, and the light imaginative poetry pervading 
 them throughout, equal in style to the celebrated London 
 " Belle Assemblée," edited by the highly-gifted and beautiful po- 
 etess, the Hon. Mrs. Norton. The Literary World, edited by the 
 polite and talented brothers Duykinck, is another entertaining 
 and useful periodical, comprising much valuable information con- 
 nected with the arts, sciences, and literature in general ; and in 
 the style of its composition takes rank with the London Athenaeum 
 and Literary Gazette. The Home Journal, edited by N. P. Willis 
 and General Morris, is from the sparkling originality of its poetic 
 and romantic contributions, the fashionable court journal of New 
 York literature. There are many other valuable and equally 
 talented periodicals ; as also papers of the weekly and daily press, 
 published throughout the States, deserving of encomium ; but I 
 only mention those of which I can speak from personal knowledge 
 and experience, and well meriting the public patronage by which 
 they are supported. — Trans. ^ 
 
AMERICA AND THE AMERICANS. 257 
 
 Every one in America is more or less of a literary turn, 
 for all have received a good education. Instruction is 
 given on the most liberal principle. West Point is the 
 only college where edtication is afforded at the expense of 
 the United States. In some of the States there exists a 
 very extensive system of primary education. The State 
 of New York, for instance, possesses these establishments 
 on a scale of which no parallel exists in the whole world. 
 The universities which alone possess the right of confer- 
 ring degrees, are incorporated by the governments of the 
 States ; but are, nevertheless, entirely independent of 
 them ; they support their own professors, and follow the 
 doctrine of their choice. Whoever can find scholars is at 
 perfect liberty to found a college, a seminary, or any school, 
 in fact. The Jesuits have two colleges, and they are 
 among the best in the Union. There exist two or three 
 religious convents for the education of J^oung ladies. 
 Each religious sect founds seminaries for the education 
 of the ministers of their religion. 
 
 Some time since two religious sects have sprung up in 
 disputation on matters of religion : the o'le is desirous of 
 continuing the old system, and make tlie dead languages 
 and their literature the general basis of their whole educa- 
 tional system, while the other, on the contrary, is desirous 
 of entirely suppressing the study, and occupy the minds of 
 the pupils exclusively in science and knowledge strictly 
 in accordance with that which is positively useful. Each 
 of these sects has its journals, professors and scholars ; the 
 result of which we leave to the judgment of the public 
 pro and con. In my opinion, in a country where there 
 exists so strong a tendency to the positive, and perhaps 
 more seriousness of mind, we should sometimes sacrifice 
 the graces, as a melange of the literature of the ancients, 
 too often leads to an urbanity of manners, which deprives 
 them of much of their primitive austerity and simplicity. 
 
 This observation applies more especially to the fine 
 
258 AMERICA AND THE AMERICANS. 
 
 arts. That which comes under the denomination of dead 
 matter or architecture has arrived at a high degree of per- 
 fection. Our banks, churches, capitols, town-halls, ex- 
 changes, courts of justice, &c., are all magnificent, of solid 
 material, and, above all, especially adapted to the purposes 
 of their construction. The private houses are in general 
 small and built of a lighter character ; hence you seldom 
 find more than one fomily residing together ; they are, 
 however, very convenient, and especially in the southern 
 States, where many may be found of a most elegant con- 
 struction. Richmond and Savannah, in this particular, 
 contain many such, which might be termed palaces.^ Ar- 
 chitecture has flourished because it has been encouraged ; 
 so would the sister arts, did they meet with the same 
 stimulus. I imagine we should find some difficulty in 
 this country, where the staid and austere Presbyterian 
 system exists, particularly in the northern part, to aban- 
 don the nasal phlegmatic chant for the light and passion- 
 ate singing in our modern theaters. It is true, all our 
 young ladies play more or less on the piano, sigh over and 
 read romances ; hence teaching music-masters gain a live- 
 lihood by confining themselves to such instruction ; and 
 formerly, when the pupils had learnt to dance and dis- 
 guise two or three pieces of Tancredi into a church music 
 style, it was deemed they had arrived at that perfection 
 which consists in singing correctly and playing to measure. 
 It is only a few years since, that waltzing was proscribed 
 in society, and only Scotch reels and quadrilles were 
 danced. From the moment of its introduction the waltz 
 was looked upon as most indelicate, and, in fact, an out- 
 
 * Since tlie above was "written. New York especially can now 
 boast of many splendid mansions, which in their costliness of ar- 
 tistic decoration may vie with many of the most princely edifices 
 in Europe. Though much smaller in character, Mr. Grinnell's resi- 
 dence, which Mr. Washington Irving did me the honor of showing, 
 is an elegant illustration of a palace in miniature, and wherein all 
 is arrayed with perfect taste and harmony of style.— Trans. 
 
AMERICA AND THE AMERICANS. 259 
 
 rage on female delicacy. Even preachers denounced in 
 public the circumstance of a man who was neither lover 
 nor husband, encircling the waist, and whirling a lady 
 about in his arms, as an heinous sin and an abomination. 
 Nobody can forget the excitement created by the arrival 
 of the ballet corps in New York from Paris ! I happened 
 to be at the first representation. The very appearance 
 of dancers in short petticoats created an indescribable 
 astonishment; but at the first "pirouette," when these 
 appendages, charged with lead at the extremities, whirled 
 round, taking a horizontal position, such a noise was 
 created in the theater, that I question whether even the 
 uproar at one of Musard's carnival " bal infernal " at Paris, 
 could equal it. The ladies screamed out for very shame, 
 and left the theater, and the gentlemen, for the most part, 
 remained crying and laughing at the very fun of the thing ! 
 while they only remarked its ridiculousness. They had 
 yet to learn and admire and appreciate the gracefulness 
 and voluptuous ease of a Taglioni, Cerito and a Fanny 
 Elssler. 
 
 A painter or a statuary can never arrive at perfection 
 in his art, who does not make nature his study. He must 
 possess a profound sense of the beautiful, the heart and 
 mind must feel all the illusions and sensations of the deep- 
 est love, ere their material hands can immortalize the sub- 
 ject, be they sculptor or artist. It was thus with Phidias 
 and Apelles, Titian and Raphael, Michael Angelo and 
 Praxitiles ; and in our day, Canova and a host of modern 
 sculptors and painters. 
 
 I allude to these fastidious points of decorum and eti- 
 quette, because enlightened minds, endowed with refined 
 taste for all that is grand and beautiful in the arts and sci- 
 ences, have created an oj^inion more favorable to, and in 
 accordance with the spirit of the age in which w^e live. 
 Do away with all illiberal impediments and prudish " false 
 dehcacy," and you remove the reproach that America 
 
260 AMERICA AND THE AMERICANS. 
 
 is deficient in the fine arts.* We have no lack of good 
 painters : it is the opportunity for encouragement and im- 
 provement. Our engravers are equal to those in Europe ; 
 but to compose an historical picture, — that genius is want- 
 ing which was nipped in the bud. 
 
 Efforts are now making in all parts of the States for the 
 protection of the arts. Each town, large or small, has a 
 museum, chiefly of busts in plaster, and mere daubs, deco- 
 rated with the names of the old masters. All these are 
 useless. The sentiment properly belonging to the fine 
 arts, without which genius is nothing, exists not, and can 
 never exist, in the United States, so long as such prejudice 
 of opinion and manners remain the same. While making 
 these reflections, far be it from me to wish that public 
 virtue, virgin chastity, or purity of soul and mind, should 
 be sacrificed at the shrine of the arts — that these should 
 be sacrificed to the corruption of manners, for the mere 
 purchase of a few statues and pictures, which, after all, 
 however enthusiastically I may admire and appreciate 
 them, can never afford that pleasure and happiness and 
 calm contentment afforded in the United States in the af- 
 fectionate society of a virtuous wife, surrounded by the 
 family circle. In conclusion, let me fully explain my 
 meaning, which is to this effect : — There is a palpable con- 
 tradiction between the efforts now making for the encour- 
 agement of the fine arts in America, and the austerity of 
 public morals in our present (1832) social state; we 
 have no artists, generally speaking, nor can we have. We 
 are not the people of poetry but of reason — our soil is 
 more adapted to the cultivation of the sciences than the 
 arts ; and we look forward to happiness rather than pleas- 
 ure. W^hich is preferable of the two ? To obtain perfec- 
 fection in both, our social system requires to be inoculated 
 with a little of the juste milieu. We then approach per- 
 fection without the sacrifice of virtuous sentiment. 
 
 * At the present day America can boast of her Canova and 
 -Thorwaldsen, in the original genius of Powers and Crawford. 
 
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