YALE UNIVERSITY LIBRARY AMERICA. AND THE AMERICAN PEOPLE. BY FREDERICK VON RAUMER, PROFESSOR OF HISTORY IN THE UNIVERSITY OF BERLIN, &C. &C. 'If we compare the present condition of our Union with its actual state at the close of the Revolution, the history of the world furnishes no example of a progress in improvement, in all the important circumstances which constitute the happiness of a nation, which bears any resemblance to it." — Monroe, Seventh Message. TRANSLATED FROM THE GERMAN ET WILLIAM W. TURNER. NEW YORK: J. & H. G. LANGLEY, S ASTOR HOUSE. MDCCCXLVI. Entered according to Act of Congress, in the year 1845, by J. & H. G. LANGLEY, in the Clerk's office of the District Court of the United States for the Southern District of New York. S. W. BENEDICT, PRINTER, 16 Spruce street, New York. TRANSLATOR'S PREFACE. This work of Baron von Raumer which has been recently pub lished in Germany, although in good part of a didactic nature, will not it is thought be without interest for the American pub lic, on account of the reputation which this veteran historian has already acquired, the almost personal concernment of the topics he discusses to every American citizen, and the candid and kindly spirit in which he writes. His opinions on the whole respecting the institutions, the past history, and the future pros pects of this country, are in the highest degree favorable ; and whenever he allows himself to find fault, which is but seldom, he does it with evident reluctance, and with the air of a friend whose admonitions are wholesome, and not with the bitterness of an enemy. The comparisons too, which he makes between many of the American institutions and the corresponding insti tutions of Europe, will be found useful and instructive. One virtue of his will not be the less esteemed on account of its rarity among writers in this country ; and that is, that he has at least endeavored to make himself well acquainted with what he has undertaken to write about. He has also shown great and com mendable carefulness in every instance, not to violate the privi leges of a guest by exposing to the world the confidences of private and social intercourse, — a proceeding which some writers on both sides of the water might imitate with advantage. The Author has made numerous quotations from American works ; and these I have compared with the originals, wherever I could have access to them. The delay occasioned by these verifications has unavoidably caused the publication to be post poned somewhat beyond the expected time. I observed in the course of making them, that the Author had occasionally fallen into slight errors in the hurry of copying ; these, where I have noticed them, I have silently corrected. In every other respect, I have endeavored, as in duty bound, to faithfully render the iv translator's preface. Author's meaning, whatever maybe the statements or sentiments he puts forth ; which of course does not involve an endorsement of every thing contained in the book. Indeed I have often felt inclined to add a correcting or explanatory note, but in general have refrained from every thing of the kind t because want of time would not have permitted me to do it except in a very par tial degree ; and because, as the Germans would say, it is rather the subjectivity than the objectivity of the book that will claim the attention of readers in this country. Americans will not resort to a work of this kind, written by a foreigner, and which treats of such a variety of delicate and difficult topics, to obtain minute information on matters of fact. What they will feel curious to know is, what are the opinions of an intelligent and well informed man, placed by circumstances beyond the reach of local passions and prejudices, on the various topics that have long agitated and continue to agitate the national mind. Although the Author's anxiety not to decide on hasty or one sided grounds, but to do justice to all the valid arguments advanced on either side, may sometimes give him an appearance of wavering, it will be found that the principles of the widest liberty are every where adopted as his own. The opinions which he thus expresses are not without their value in another point of view, for those whose sympathies are not confined within the physical boundaries of their own country ; for they show us what are the thoughts and aspirations that now engage the minds of the foremost men among our German brethren. The cheering sun of liberty is now scattering its effulgent beams over all the habitations of men. And as the nations turn towards its divine light, and bless its genial life-restoring warmth) they laugh the scowling despots to scorn, who would persuade them it is but a scorching and devouring flame. The Anglo-Saxon offshoot of the great northern family of nations has long basked and thriven in this sunshine of the soul. The glistening eyes of Germans and Scandinavians look upon the success and happi ness of their more fortunate kinsmen with feelings, not of envy, but of honest pride and emulation. They too are resolved to share these high privileges. Already they buckle on their armor for the field ; the notes of preparation sweeping across the Atlan tic already meet our ears; nay, already the combat with the powers of tyranny and superstition has begun, — and who can doubt of a glorious victory at last ? Lord, hasten the day ! W. W. T. New York, November, 1845. AUTHOR'S PREFACE. In the course of my historical labors 1 have been led from ancient to mediaeval, and lastly to modern, the most modern history of all. Here the French Revolution is usually designated by its admirers, as the highest point of human development ; while it is condemned by its opponents, as an incontrovertible proof of human folly and sinfulness. To the former, any further progress beyond what has been attained seems scarcely possible ; the latter despair of the future altogether. Neither of these views satisfied me in the least ; and the more I desired to become acquainted with the actual present and the probable future of mankind, the more I became convinced that this latter was by no means to be sought in Europe alone, and that amid the splendors and horrors of the French Revolution the Germano-American one had been too much overlooked. Eager for information, I took up in succession a great number of books of travels. But what for the most part were the representations I en countered ? A country of late origin and in every respect more imper fect than the other parts of the world, an unhealthy climate, infectious diseases, a dead level of democracy originating in a lawless and villanous rebellion, a presumptuous rejection of all the natural distinctions of soci ety, together with shameful ill-treatment of the negroes and Indians. Politics every where a prey to party spirit ; religion split up into a mul titude of sects ; indifference to science and art, an immoderate worship of Mammon, an eager striving after material advancement with a neglect of the spiritual and the amiable ; nowhere truth and faith, nowhere the amenities of refined social existence ; a total want of history and of great poetical recollections, &c. &c. Can it be wondered at, when a well-informed writer angrily exclaims : " I have read nearly all the statements of travellers in the United States for the last thirty years ; and it has filled me with astonishment that 1* VI such a mass of contradiction and absurdity could have been produced on any given subject."* Since 1786, remarked John Jay, I have found scarcely six foreign travellers that knew any thing of America ;|— and this number, adds a skilful reviewer, is still too high ! Yet in spite of this censure, and of these leaders or misleaders, my longing to behold the youthful present of this remarkable country increas ed, and with it my desire to hear true prophets discourse of a brilliant future. Still I was often told plumply and plainly by Americans (although I had carefully prepared myself and used every exertion to become a diligent learner), that " no foreigner could accurately judge or properly describe any thing American." Declarations of this kind ren dered me more and more sensible of the magnitude and difficulty of my undertaking, and urged me to redoubled scientific exertions ; but they could not wholly discourage me. In the first place, because it can scarcely be denied, that the native who always stays at home very easily becomes partial in his views ; that travelling, on the contrary, widens and clears up the intellectual horizon. J It is not until a man has one or more times left his native land, that he can thoroughly com prehend both that and foreign countries. Again, when native-born Ame ricans, as is very natural, entertain different opinions on a host of topics, a traveller must also be allowed to adopt the views of one or the other. Lastly, so long as they are praised, most Americans do not require either a long residence or native birth ; it is only when this is intermingled with blame, that complaints are almost invariably heard of prejudice, ignorance, difficulty of understanding the American character, too short a stay, &c. &c. It is true nevertheless, that the observer very seldom places himself at the proper point of view for America ; hence it results that even well- wishers have frequently regarded things in a crooked, distorted, false light. Scattered and trivial anecdotes hastily caught up, have been used to characterize and even to depreciate an entire people ; and observations made in rail-cars, steam-boats, and hotels, have often been the only sources of confident representations. In their zeal against undeniable and unpleasant trifles, they fail to see any thing of the great and unparal leled historical phenomena offered to their view ; they find fault with all that differs from what they have been accustomed to at home ; sigh after kings, courts, nobles, soldiers, orders, titles, an established church, rights * Hinton, Topography, ii. 412. t American Review, xvi. 281.— The witty Clockmaker says, in his peculiar way (p. 39) : "Wishy-washy trash they call tours, sketches, travels, letters, and what not— vapid stuff, just sweet enough to catch flies, cockroaches, and hall-fledged gulls." } 0 wad some Power the giftie gie us, To see oursels as others see us ! — Buens. author's preface. vii of primogeniture, and the like ; look for routs, soirees, and perfumed fine gentlemen and dandies in the western wilds ; and reproach the Americans with all sorts of defects (of which they themselves have long been aware), without ever undertaking to show how they should be treated and removed. Perhaps I too would have fallen into the like errors, had I not been supported and instructed in the most obliging and courteous manner by the best informed men in every department of life. For this I here pub licly render them my most sincere and heartfelt thanks : and if I do not name every individual among my instructors and friends, or mention every obliging act, every instructive and pleasant companionship which I enjoyed, it is by no means owing to lack of feeling, but because I must fear that repetitions, accruing on every page, would weary even the kindest reader. On this account I have printed only fragments from the Letters written during my tour, by way of addenda to the book. They have a personal although not an objective truth, and exhibit the first impressions of the moment. The demand, that I should have delineated more sharply, have written with greater piquancy, and not have shunned even the violence or offensiveness of caricature, is one to fulfil which would be foreign to my nature. If, notwithstanding, I have fallen into this fault against my will, I beg that it may be forgiven, and that the errors (which in a book of such varied contents are unavoidable, in spite of the most careful endeavors) may be kindly excused. As for the rest, the moderate compass of my book will show that I have not even desired to touch upon every topic, much less could I exhaust them. But many will probably object, as they often have done before, that I am obnoxious to a much severer censure, and am devoid of gratitude and feeling ; because I do not see the whole truth in one extreme, but endeavor to penetrate to the centre from which life and motion radiate on every side. Extremes however — as in the vibrations of a pendu lum — show only the points of stoppage and return ; and it is not from them that the force which impels in both directions proceeds. Cer tainly Aristotle never intended by his energy of being, thinking, and feeling, to signify a mere negation ; his energic medium was no stupid letting of oneself down between two stools, — a line of conduct which no man can praise or recommend who retains the use of his five senses. Should my book reach America, I request my readers there not to forget, that it is especially intended for Germany, and can offer nothing new to the well informed inhabitants of the United States. On that account I was obliged, among other things, to give a summary of the constitutions and a somewhat lengthy historical introduction. The lat ter was rendered necessary by the fact that in Europe many imagine viii author's preface. that the great confederation grew out of a rebellion, and consequently can never enjoy a sound existence or bear wholesome fruit. The peculiarities of Europe cannot be indiscriminately imitated in North America, nor those of North America in Europe. Excellences as well as defects may serve for mutual instruction and improvement. Many at home had prophesied to me, that when I returned from the United States, I should be cured of all favorable prejudices, and bring with me an unfavorable opinion of the country and the people. How differently has it turned out ! All the trifling disagreeablenesses of the journey have utterly lost their importance ; while the truly great and wonderful phenomena and facts still remain like the sun-lighted peaks of the Alps, in full splendor before my eyes. But in proportion to the depth and sincerity of this my love and admiration, I feel it to be my sacred duty not to dissemble or cloak the dark side of the picture. In the censures I have uttered, regardless of consequences, yet according to the best of my knowledge and belief, there will be found expressed at the same time the wish for improve ment, and faith in the possibility of such improvement. While there is but little hope of a new and more extended develop ment of humanity in Asia and Africa, how sickly do many parts of Europe appear ! If we were forced to despair too of the future pro gress of the Germanic race in America, whither could we turn our eyes for deliverance, except to a new and direct creation from the hand of the Almighty! CONTENTS. CHAPTER I. NATURAL FEATURES OF THE COUNTRY. PAGE. Age of the American Continent— Its Extent— Seas and Lakes— Mountains— Rivers— Climate- Mineral and Vegetable Kingdoms— Prairies— Agriculture 13 CHAPTER II. DISCOVERIES AND FIRST SETTLEMENTS. Travellers and Discoverers— Virginia— Maryland— New England— Carolina— New York— New Jersey— Pennsylvania— Georgia— Delaware— General state of tilings - 22 CHAPTER III. THE WAR TO 1763 fc - - 2ft CHAPTER IV. FROM THE PEACE OF PARIS TO THE DECLARATION OF INDEPENDENCE. State of affairs after the War — Commerce and Duties— Right of Taxation — Stamp Act— Reso1- hitions in America— Effect in England, and Counsels there adopted — Views and Principles — Question of Right — State of Fact— Abolition of the Stamp Act— Hopes and Fears — New ' Taxes— Duty on Tea — Tea cast into the Sea — Proceedings against Boston — New Movements —First Congress— Resolutions of the Congress — Parliament, Chatham— Lord North's Propo sals — Burke s Proposals — Beginning of the War — Declaration of Independence— Reflections 31. CHAPTER V. FROM THE DECLARATION OF INDEPENDENCE TO THE WAR BETWEEN ENGLAND AND PRANCE. Necessity of the War — Washington — Capture of Burgoync— France and America — War between France and England - - 52 CHAPTER VI. FROM THE BREAKING OUT OF THE WAR BETWEEN FRANCE AND ENGLAND TO THE PEACE OF VERSAILLES. Views in England — Chatham's Death— Disasters of the Americans — Paper Money— Rocham- beau, Arnold, Andre— Capture of Comwallis — Treaties of Peace— ^-Results - - - - 62 CHAPTER VII. FRO?I THE PEACE OF VERSAILLES TO THE ADOPTION OF THE NEW CONSTITUTION. Loyalists — Consequences of the War — The Army— Washington's Departure — First Constitu tion 0/ 1778— New Constitution— Washington President - - . 67 CHAPTER VIII. THE NEW CONSTITUTION OF 1787. Representatives and Senators— Eights of Congress— The Presidenfc^The Judicial Power- General Regulations - * 72 CHAPTER IX. THE CONSTITUTIONS OF THE sevERAL STATES. The Territories. - - - 76 CHAPTER X. THE PRESIDENTSHIP OF WASHINGTON AND OF JOHN ADAMS. Washington's Presidentship — The French Revolution— Genet— Foreign Relations— Washing ton's Farewell— Washington's Death— John Adams— Dispute with France— Alien and Sedi tion Bills 80 X CONTENTS. CHAPTER XI. THOMAS JEFFERSON. PAGE . Birth— Descent, and Education— Declaration of Independence— Jefferson in Paris— Jefferson President— Jefferson on the Freedom of the Press— Jefferson on Christianity— Jefferson on Plato— Federalists and Republicans— Jefferson's Principles— Jefferson on Slavery— Jefferson on Political Union— Jefferson's Administration— Jefferson's Message— Louisiana— Contest , with the Maritime Powers— Jefferson's Private Life— Jefferson, Adams, and Washington- Jefferson's Death— Jefferson's Fame - - - - 87 CHAPTER XII. THE RACES OF MANKIND AND SLAVERY. Slavery in general— Justification of Slavery— Aristotle — Hobbes— Races of Men — Negroes, Mu- lattoes, Quadroons— Mind and Morals of Negroes — History of Slavery — Arguments for and against Slavery— Condition of the Slaves— Madison's and Jefferson's Slaves— Ills of Slavery — Backward condition of the Slave States — Liberia — St. Domingo — Abolitionists — Channing— Laws of the States — Abolitionists — Emancipation, Indemnification— Jefferson's Views — Partial Emancipation — Defence of the Colored Men— Antilles— Arguments in favor of the Slave States — Congress — Missouri and Columbia — Internal Slave Trade — Manumissions — Labor of Whites and Blacks — Ascription to the Soil — Subjection to Tribute — Dangers and Prospects - 109 CHAPTER XIII. THE INDIANS. Nature and Origin — Property .of the Indians— Indian Characteristics— Whites and Indians — Indolence of the Indians — Cherokees — Future Prospects - - 136 CHAPTER XIV. IMMIGRANTS. Nationality of the Americans— Immigrants, their Origin and Character — Germans and Irish — Native American Party— European Governments— Whither Emigrate '^Advantages of the United States — Number of Immigrants ---------- 145 CHAPTER XV. POPULATION. Population — Materialism 152 CHAPTER XVI. AGRICULTURE. Grain, Horticulture, Culture of the Vine— Sugar, Rice, Silk, Tobacco, Cotton— Produce and Im provements -------- .---__ jgg CHAPTER XVII. THE PUBLIC LANDS. Claims of the Single States— Mode of Sale - 159 CHAPTER XVIII. MANUFACTURES AND COMMERCE. Progress of Manufactures— Commerce— Imports, Exports, Tonnage— Regulations of Trade- Rate of Interest — Value of Imports and Exports - - - _ .-., CHAPTER XIX. CANALS, STEAMBOATS, AND RAILHOADS. CHAPTER XX. THE BANKS. History of Banking— The National Bank— Opponents of Banks— Theory of Banking— Panpr \l„ ney-Abuses of Banking-Misfortunes through the Banks-Jackson's Measures-BankL™,- Promts - Pme - P"- C»™™y-S^T™asury B.ll-Exchequer Bill-Hopes and CHAPTER XXI. TAXES AND FINANCES. Revenue and Expenditure— Internal Improvements— Surplus Revenue— Single St«t.„ v. and America-Indebtedness of the States-Repudiation-Taxation of Single States - P6 CHAPTER XXII. POST-OFFICE CHAPTER XXIII. THE TARIFF AND NULLIFICATION. Introduction of Duties— Reasons for and against Protective Duties— Nnllifinti™ n Act— Jackson and Calhoun against High Duties— New Tariff_r„V,„ ¦ , ° "—Compromise Wages New Factories-Advantages Ind Di^^^.^I,,^^^^!'^^; 169 1S9 CONTENTS. XI Agriculture— Raising of Taxes— False Views respecting Duties— Clay and Webster on the iantt— Proposals for Compromise— Evils and Means of Remedy— Smuggling— German Cus toms-Union ----.. ; . . 199 CHAPTER XXIV. THE ARMY, MILITIA, AND NAVY. Number of the Army— Division, Officers— West Point— Army Expenses— The Militia— The Navy — Standing Armies - - - - . _ 219 CHAPTER XXV. THE LAW AND THE COURTS, Legal System— Legal Studies— The Supreme Court— Circuit Courts, District Courts and Courts ot ilquity— Justices of the Peace— Lynch Law— Mexico— Juries— Criminal Law Bankrupts- Debtors— Numberof Criminals— Law of Inheritance— Marriage, Divorce - - 227 CHAPTER XXVI. PRISONS. The Philadelphia and Auburn Systems— Reformation of Prisoners— Instruction— Female Prison ers — Reconciliation of both Systems - - - 233 CHAPTER XXVII. THE POOR AND THE POOR-LAWS 239 CHAPTER XXVIII. CHARITABLE INSTITUTION'S. Lunatic Asylums— Deaf and Dumb Institutions— Institutions for the Blind— Houses of Refuge — Hospitals — "Widow and Orphan Asylums - - - - 242 CHAPTER XXIX. THE POLICE. Gambling-houses, Lottery-Offices, Hotels — Drivers, Cruelty to Animals— Games of Chance— Vagrants — Firemen -- - --___-._ 248 CHAPTER XXX. ADMINISTRATION, CITY REGULATIONS. Self- Government — Counties — Communities — Baltimore, Boston, Charleston, New York, Philadel phia, Pittsburg, Richmond, Washington— Change of Offices ------ 250 CHAPTER XXXI. OUTBREAKS AND PARTY SPIRIT. Murder of the Mormon Prophets — Anti-Rent Excitement in the State of New York — Philadelphia Riots — Disturbances in Rhode Island — On Outbreaks — Parties — Federalists, Republicans, Democrats, Whigs — Concluding Remarks ----------- 257 CHAPTER XXXII. SCHOOLS AND UNIVERSITIES. Schools and Universities — Governments and Schools — Principles of Education — America and Europe — Praise and Blame, of Schools — Germans — Public Schools, Colleges, Universities — Negro Schools — Religious Instruction — Female Teachers — Labor in Schools — Alabama — North and South Carolina — District of Columbia — College of Jesuits — Connecticut, Yale College — New Hampshire — Illinois — Kentucky — Louisiana — Maine — Maryland — Michigan — Missouri — Ohio — Pennsylvania — Vermont, Burlington' — Virginia, Charlottesville — New York — Massachu setts, Boston, Cambridge School and University — Medical Institutions, Physicians — Summary, Remarks — District Libraries - - - - 274 CHAPTER XXXIII. LITERATURE AND ART. For and against America — Freedom of the Press— Newspapers and Periodicals — Defence of Newspapers — Congress on Newspapers — German Newspapers — Periodicals — Libraries — Fine Arts, Music, Painting, Sculpture, Architecture — History — Eloquence — Webster, Ciav, Calhouu —Poetry— Philosophy - "---299 CHAPTER XXXiV. RELIGION AND THE CHURCH. Intolerance— Church Establishments — Religious Liberty — Sects — Catholics, School Money- Episcopalians — Methodists, Divisions among- them — Presbyterians — Congregation alists — Bap tists — Quakers — Shakers — Rappists— Mormons— Universalists — Unitarians —Philosophers — Clergymen and Churches— Church Property — The Voluntary System — Societies — Bible Socie ties—Missions — Public Worship— Camp Meetings— Revivals— Dangers and Prospects— Intole rance ----- --__-_...-- 323 Xll CONTENTS. CHAPTER XXXV. THE STATE OF OHIO. PAGB. Settlement, Origin— Natural Condition— Constitution-Administration of Justice— Population- Productions— Canals- Taxation and Finances-Banks— Prisons— The Deaf and Dumb— I he Blind— The Insane— Paupers— Churches— Schools— Cincinnati, Population— Swine-breeding- City Ordinances, Taxes— Churches, Schools— Lane Seminary— Woodward College— Mechanics Libraries — Germans — Prospects. - "'",""" 350 CHAPTER XXXVI. FOREIGN RELATIONS. Eelations with Europe— The Indians— Texas— The Oregon Territory— Canada CHAPTER XXXVII. CONSTITUTIONAL LAW AND PUBLIC LIFE. Europe and America— American Political System— New Constitution— The President— Presiden tial Election— Conventions— Presidents and Kings— Europe and America— Re-election of the President .----.-.--- - 366 378 LETTERS. ARRIVAL. Voyage from. England to America— Nova Scotia— Boston— Journey to Washington 411 DISTRICT Ot COLUMBIA— MARYLAND, SOUTH CABOLINA. Washington— Calhoun — Whig Convention in Baltimore —Hotels — Journey to Charleston — Charleston — Literary Club — Columbia — College in Columbia — O'Connellr— Youth and Age" — Sermon — Cotton Plantations — Slaves -.-_.---.-. 416 VIRGINIA AND PENNSYLVANIA. Journey to Richmond — Richmond — Monticello, Jefferson-'-Washington-^Statue of Columbus — Opinions on Goethe— Opinions on Byron, and Shakspeare— President's Garden — Canal by the Potomac — Jesuits in Georgetown — Mount Vernon — Baltimore— Negro Church — Fences and Bridges — Journey to Pittsburg — Pittsburg — The New Jerusalem — Journey to 'Cincinnati - 426 OHIO, KENTUCKY, ILLINOIS. The Ohio — Indians— Cincinnati' — Columbus — Journey to Lexington — Louisville, The Kentucky — Journey to St. Louis-— St. Louis — Journey to Chicago — Chicago - 440 THE GREAT LAKES AND NEW YORK. The Great Lakes— Journey to Buffalo— Buffalo— Niagara— Rochester— Auburn — Syracuse 451 CANADA. The St. Lawrence — Montreal— Canad a— Quebec — Journey to Burlington — Heights of Abraham, Wolfe, Montcalm --_-_--" 453 VERMONT AND NEW YORK. Burlington— Journey to Albany — Saratoga— Albany— The Hudson, Journey to New York— West Point — 'New York - - ----__ . 433 PENNSYLVANIA. Journey to Philadelphia— Germany and America— Pottsville, Harrisburg, Lancaster— Festival in Philadelphia .'-__. _______ __ 4-^ CONNECTICUT AND MASSACHUSETTS. New Haven— Hartford— Princes and Princesses— Journey to Boston— Slander of Jefferson— Bos ton Athenaeum— Custom House and Market Hall— Democracy in New England Trade in Ice —English and American Critics— The English Language— Lowell— Whig Mass Meeting— Party Spirit-Harvard University— The Writing of History— Salem— Globe in the Museum— Muse um in Boston— Liberality for Public Objects — Haydn's* Creation - 470 MANNERS AND MORALS OF AMERICA. Manners and Customs— American Socjety-On American Vanity and Presumption— Servants and Domestics— Prosperity, Love of Gain— Temperance Societies— Eating, Drinking, and Cooking Women -- - ._. _______ 4qj Appendix I. — Synopsis of the Constitutions of the Several States . . 593 Appendix II. — Statistics of Manufactures in Lowell . 504 Appendix III,— Synopsis of Recitations and Lectures in the University of Vermont 5O7 Appendix IV.— Plan of Recitations in Harvard University . . eng THE UNITED STATES OF NORTH AMERICA. CHAPTER I. NATURAL FEATURES OF THE COUNTRY. Age of the American Continent — Its Extent — Seas and Lakes — Mountains — Rivers — Climate — Mineral and Vegetable Kingdoms — Prairies — Agriculture. The history of civilized nations as known to us embraces a period of from three to four thousand years ; and- yet, until three hundred and fifty years ago, one half of our globe remained un discovered. So slowly were the difficulties of long sea-voyages overcome, so slowly increased the interest in geographical dis coveries, so recendy did men arrive at an intelligent conscious ness of the necessarily spherical conformation of the earth. Even the important discoveries of the Northmen in the tenth century, excited so little curiosity, desire of information, or thirst of gain, that they sank into total obtfvion* Hence, Columbus remains the theoretical and practical discoverer of America : an effort of intellect, courage, and perseverance, such as the world never witnessed before, and which never can be repeated in a like manner. Some philosophers have maintained that America is of later origin than the old continent of the earth. It is not clear to the unlearned (nor is it, as I understand, to those really versed in such inquiries), what is meant by this. The formation of the spherical figure of the earth (if any other figure ever existed) must have been begun and continued uniformly through its whole extent ; the hand of God and his handmaid Nature did not first finish Europe, and then pass over the Atlantic ocean, in order to bring to light and embellish America also. Why should the Alps be older than the Cordilleras, and the valley of the Missis sippi younger than Holland and the lowlands at the mouth of * Rafn, Mcmoire sur la de'couverte de l'Amirique, 1843. 2 14 NATURAL FEATURES OF THE COUNTRY. the Rhine ? If the waters of the earth maintain a general equi librium, they could not rise essentially higher on one hemisphere of the earth than on the other. This inferior antiquity, or later appearance, of the land of America can therefore be explained and proved, not from the gradual diminution of the waters, but only by the doctrine of the upheaval of the mountains. The Americans deny that such proof can be adduced ; and it is not my province to decide the controversy. An unqualified superiority in the natural advantages of whole quarters of the globe can by no means be proved from their greater youthful- ness or greater age. In North America, it is human history alone that, as far as our knowledge extends, is brief and void, when we compare it with that of the old continent; and although we know not the age of many monuments erected in it by the hand of man, still they do not suggest the idea of such ancient and high civilisation as do, for instance, those of India and Egypt* At least those which have been found in North America are only mounds of earth, without stones, bricks, or walls. Let us then, in conformity with our purpose, leave those primitive ages undis turbed, to investigate the present and still existing. America extends from the 54th degree of south to the 71st degree of north latitude, and has therefore, from south to north, an extent of 7500 geographic miles. The extreme breadth of the southern half, from east to west, is estimated at 2800, and that of the northern half at 3000 miles. The entire territory of the United States of North America has, from the southern extremi ty of Florida to the northern extremity of Maine, an extent of 24 degrees of latitude 0r 1440 miles, which is about the distance from Naples to Dronthe^m in Norway, or from Bern to Thebes in Upper Egypt. The greatest extent from east to west is from the eastern boundary of the state of Maine in 45° N. lat. to the north of the Columbia river, on the Pacific ocean, making over 50 degrees of longitude. The most westerly states of North America, Missouri and Arkansas, reach to scarcely half way be tween the Atlantic and the Pacific. The greatest extent from east to west is about equal to that from vhe eastern boundary of Russia in Europe to the western coast of Ireland. The superfi cial area of the United States has from natural causes been esti mated very differently ; according to a moderate computation it must amount to about 1,792,000 geographic square miles,t or from ten to eleven times as much as the superficial extent of France. * Bancroft's History, iii. 309. Doubtful in South America t Darby, in his View of the United States, p. 57, reckons the surface at 2 257 000 English square rmles, or about one-twent eth of the surjerficies nf tV.1 L^ Tucker reckons it at 2,369,000 miles. Which estimate is co?recU-So long aslhr] JmpossMe. Oregon temtory remain unsettled, exactness and agreement are NATURAL FEATURES OF THE COUNTRY. 15 But that of this immense region only a very small part is under tillage, while another portion is incapable of cultivation, will be shown in the sequel. If we consider the sea-coasts of the United States, the west ern has as yet no importance ; although the Oregon region will doubtless one day obtain it, and will probably be the last land on the earth capable of being settled. But of so much the more consequence are the coasts of the Atlantic. They form gulfs of different sizes deeply indenting the main land. The first ex tends from the Sabine river (the boundary on the side of Texas) to the southernmost point of Florida ; the second, from here to Cape Hatteras in North Carolina ; the third to Cape Cod in Massa chusetts ; and the fourth to Passamaquoddy bay, which forms the boundary between Maine and New Brunswick. The northern bays afford more numerous and better harbors than the southern; and this has had an important influence on the progress of the states. New Orleans, however, near the mouth of the Missis sippi, is of the greatest importance ; and Mobile, at the mouth of Alabama river, is also of some consequence. St. Augustine in Florida, Savannah in Georgia, and Charleston in South Caro lina, are worthy of notice ; but they are far behind Baltimore, Philadelphia, and New York. Boston is now the principal sea port in the northernmost gulf. The sea-coast from Florida to New Jersey is low alluvial or diluvial soil, a great part of which is swampy or sandy ; yet,wifh proper care and industry it could be fitted for cultivation. The tide rises on the southern coasts only from 4 to 6 feet, but on the coast of New Brunswick from 40 to 50 feet;* perhaps an effect of the Gulf stream, or of still more general laws of nature. West of these lands, sinking towards the sea, arise the long chain of Appalachian or Alleghany mountains ; which in several ridges, interrupted by streams and without peaked summits, sepa rate the eastern slope from the immense valley of the Mississippi. Far beyond this stream arise the loftier and more sharply defined Rocky mountains ; from which there stretches to the upper Mis souri a great desert in many places impregnated with salt, which recalls to mind that of Africa. The greatest elevations reached by the Appalachian chain are found in New Hampshire, and are estimated at from 3,000 to 7,000 feet ; but the highest mountains in all North America are probably at the sources of Columbia river. According to the measurement of Mr. Thompson, the Brown mountain rises to the height of 16,000 feet ; and he con jectures that other peaks are 10,000 feet higher still.f * Darby's View, pp. 62, 66. t Greenhow's Memoir on the Northwest Coast, p. 11. There are no igniyo- mous mountains in the United States, and it is only among the Rocky mountains that proofs of volcanic action are found. 16 NATURAL FEATURES OF THE COUNTRY. But if the mountains of South excel those of North America in altitude and extent, the North American lakes are unique of their kind upon the earth. We will mention only the five largest : Lake Ontario has a superficies of 11,640 miles, Lake Erie of 7,940, Lake Huron of 1,520, Lake Michigan of 14,880, and Lake Superior of 36,000. They exhibit for the most part a prodigious depth, so that in several places no bottom has been found with 1800 feet of line. Hence they, together with their outlet the St. Lawrence, contain, as has been estimated, more than one half of the fresh water on the globe. They are girt with hills and sandy ridges, but not with mountains properly so-called. The bottom of Lakes Huron and Michigan is estimated to be at an average 300 feet below, and their surface at 618 feet above the level of the sea. An outlet for this enormous mass of water is furnished by the river St. Lawrence, running from west to east. Its sources lie very near those of the Mississippi ; and so far are they from being separated from each other by high mountain-ridges, that when the waters have been unusually high, boats of from 70 to 80 tons burthen have passed from Lake Michigan through the Illinois into the Mississippi : consequently but little assistance would be required at this place to establish a natural water communication between the Atlantic ocean and the Gulf of Mexico. It has been estimated that every hour 1,672,704 cubic feet of water are poured into the Atlantic through the St. Lawrence. The tide ascends the stream about 400 miles, or half-way between Quebec and Montreal. Vessels of 600 tons sail up to the latter city, and ships of the line as far as Quebec. Although the valley of the St. Lawrence exceeds in extent every thing of the kind in Europe, this stream is far inferior to the Mississippi, and still more so to the Missouri. The former takes its rise in about 48° N. lat. and 95" long, west of Ferro ; the latter in 43° N. lat. and 110° W. long. The Missouri is wrong fully deprived of its name at its confluence with the Mississippi : that of the latter prevails through several zones, although the for mer brings down four times as much water and is twice as long as the Mississippi ;* it is in fact one fourth longer than the River Amazon, and if not robbed of its name, is the longest river in the world. It flows through a distance of 3,100 miles before reaching the Mississippi ; and consequently down to this point it is about seven times as long as the Rhone. In common with the Mississippi, it moves from north to south in so many windincs, that it is difficult to calculate its length.f They receive about 200 * North Amer Review 1823 p 60. Mexico has fewer navigable streams and fewer serviceable harbors than the United States. t The Encyclop. Americana, art. Missouri, estimates its length to the Gulf ai ^omVel4^""?? 2ToeS" L6WiS a"d ClaFke naVigat6d * ab°Ve St" Louis NATURAL FEATURES OF THE COUNTRY. 17 tributaries, and water a region of immeasurable extent. If the Raab, which rises in the Fichtel-Gebirge, emptied in the African kingdom of Fezzan, it would still not have by far the length of the Missouri, but only that of the Mississippi. Between this stream and the St. Lawrence many essential differences and contrasts present themselves. The Mississippi runs from north to south in a regular stream ; the St Lawrence from west to east, forming or passing through many lakes. The former comes from an almost polar region of perpetual ice, and descends into the country of the fig, the orange, and the sugar cane ; the latter flows almost wholly through the same degrees of latitude. The Mississippi rises and falls to an uncommon extent at different periods of the year ; the St. Lawrence remains con stantly at the same height, and causes no inundations. Although it receives innumerable tributaries, the Mississippi becomes no broader, but constantly deeper and deeper (or the water is dispersed by running over its banks) ; while the St. Lawrence widens into a large bay, and its bed is interrupted and embellished with countless islands. From its confluence with the Missouri, the Mississippi becomes turbid, and is constantly adding to the deposit at its mouth, which renders it difficult of entrance ;* the St. Lawrence, on the contrary, is and remains throughout, pure and clear, and is bordered on its banks by woods and fields, while the Mississippi winds its way, less picturesquely, through tracts of meadow-land and swamps. Trunks of trees, floating timber, and even whole islands torn from its banks, drive down its cur rent or assume a fixed position ; so that a voyage down the Mis sissippi was for a long time regarded as more dangerous than one across the Atlantic. But by means of steamboats and ma chines of different kinds, an immense number of trees have been removed from the river, others that threatened to fall in have been cut down, sandbanks have been washed away by the application of dams ; and thus the dangers of its navigation, though not yet wholly removed, have been greatly diminished. Among all the lateral streams of the Mississippi, the Ohio is as yet by far the most important. Through a long extent of its course, mountains appear at its side ; but in fact these are only the margin of a level highland, and the deep-cut bed of the river has from Pittsburg to the Mississippi a fall of only about 400 feet in 1000 miles ; so that obstacles presented to navigation by the low state of the water in summer, may mostly be removed by artificial means. These and other giant streams of North America, as the Mis sissippi, either do not burst forth from lofty Alps ; or else, like the Missouri, after breaking from the mountains, they flow through * At New Orleans, the river is 158 feet deep, while there are only 12 feet over the bar. 18 NATURAL FEATURES OF THE COUNTRY. tedious plains of the same aspect, and thus present but few images of beauty to the artist's eye. Yet this very peculiarity ot their conformation makes them so much the more useful, as bonds of union between great tracts of country, as the highways of a daily increasing commerce. In what manner the indus trious exertions of a shrewd and active people have profited by, and even greatly enhanced these natural gifts of rivers and lakes, will be seen hereafter. It is sufficient here to indicate the natural peculiarities of the principal streams, and at the same time to ob serve that, by the settlement on their banks of an enterprising race of men, the beautiful and commercially important Hudson, Delaware, Potomac, Susquehanna, &c, have been raised far above their primitive natural condition. It is an indubitable fact, that in the same degrees of latitude, the winters are colder and the summers warmer in North Ame rica than in Europe. To this general observation, important with respect to living, to commerce, and to navigation, I will add a few particulars chiefly respecting the climate of the United States* Hudson's Bay, in the same latitude as the Baltic sea, is even in summer full of ice. In New York (in the latitude of Madrid and Naples) the winter accompanied with ice lasts on an average one hundred and sixty-four days ; and the Delaware is frozen over for five or six weeks. New York has the summer of Rome and the winter of Copenhagen ; Quebec, the summer of Paris and the winter of St. Petersburgh. In America, too, the climate by no means depends altogether on the degrees of latitude, but is influenced more or less by the winds, the lakes, the great tracts of land in the north, the ocean, the gulf stream, &c. In the northern parts of the United States, the medium tempe rature amounts to about 45°, and in the southern to 68° Fahren heit! Here the difference between summer and winter is but slight, while in the north it is immense. It amounts for instance in Florida to 10°, and at Fort Snelling in the north to 56°. At Key West, the southernmost extremity of Florida, the medium tempe rature amounts in winter to 70°, and in summer to 81° Fahrenheit. At Fort Snelling, it is in winter only 16°, and in summer 72°. In the month of July, the heat is sometimes five degrees hio-her than it is even at Key West. The medium temperature of Lake Superior is " " Lake Ontario " " New Orleans " " Key West * Chiefly from the instructive work of Dr. Forry. t Long's Second Expedition, ii. 466. Poussin, Puissance Ame'ricaine, ii. 200. Winter. Summer. 21° 63° 30° 72° 59° 83° 70° 81° NATURAL FEATURES OF THE COUNTRY. 19 In Quebec the thermometer sinks to 30° below zero, and rises in summer to 95° above zero. In Baltimore the thermometer rose twice in the course of eight years to 98°, and sank four times below zero* In an elevated part of the Oregon territory, the thermometer stood at sunrise at 18°, and at noon at 92° ; while a difference of 40° Fahrenheit was quite common. In Alabama it amounted in one day to 50°. The quantity of rain in different months and years is very dif ferent. Thus there fell : In Baltimore, in August, 1817, 10ij inches. " 1818, 2 " In Cincinnati, during one year, 44 " In Europe it rains oftener,f but not so much as in America.^ Notwithstanding the great difference above noted in the tempe rature of the atmosphere, the climate (with the exception of some parts along the sea-coast and in the vicinity of swamps) is not prejudicial to the duration of life ; or else the injurious effects diminish with the progress of cultivation^ and through the adop tion of judicious precautionary measures. A high degree of lon gevity is established by the statement, || that in 1835 there were in the United States : 33,517 persons between 80 and 90 years of age. 4,477 " between 90 and 100 " 508 " aged 100 and upwards. If North America is far behind the southern continent as respects the discovery of the precious metals, it aboufSds to superfluity in all the indispensable and generally useful treasures of the mineral kingdom. Thus there is found : Platina, none at all. Silver, very little. Gold, in great abundance, especially in Georgia and North and South Carolina,!! east of the mountains. Copper, in plenty near Lake Superior, and at different places in the Mississippi valley. * Darby's View of the U. States, p. 389. Buckingham's Slave States, i. 243. t Greenhow's Memoir on the Northwestern Coast, p. 17. Warren's Account of the United States, i. 164. t In the northern half of the United States, the days in a year were : Clear. Cloudy. Rain. Snow. On the Coast, 202 In the Interior, 240 By the Lakes, 117 Far from the Lakes, 216 § Ibid., p. 273. || Amer. Almanac for 1835, p. 91. T Trans, of Geological Society of Philadelphia, i. 1-16. 108 45 9 77 31 16 139 63 45 73 46 29 20 NATURAL FEATURES OF THE COUNTRY. Lead, in the neighborhood of the lakes,* in Missouri, Wiscon sin, and Arkansas, in prodigious quantities. Iron, to superfluity in New England, New York, Ohio, Penn sylvania, Virginia, and Tennessee. In Missouri there are even whole mountains of almost pure oxide of iron. Salt, in abundance in Illinois, New York, Massachusetts, Vir ginia, Kentucky, Missouri, and other parts ; although a consider able quantity is still imported from Portugal, Spain, Sicily, England, and other countries. Coal, in many places in very great quantities, e. g. in Pennsyl vania, Virginia, Illinois, Missouri, Indiana, &c. The beds in Pittsburg alone, the American Birmingham, appear to be inex haustible. The vegetable kingdom has reigned and still reigns in Ame rica under two great aspects, those of forests and prairies. The forests extend from the river St. Lawrence to the Gulf of Mexico, over plains, declivities, and mountains. In Europe one can hardly form an idea of the magnitude and beauty of the American primeval forests and trees ; and while in France there are reckoned only 37 kinds of trees that grow to the height of 30 feet, there are in America 130 kinds which exceed this measure ment, and which with the variety of their growth and foliage sur prise and enchant every beholder. The diversity and beauty of the colors of autumn are especially celebrated. The practice of burning down the trees, which the first settlers found necessary, is constantly diminishing ; since the increasing water communications facilitate transhipment, and give the formerly worthless timber a daily increasing value. Although it may be contended that the cultivation and con sumption of tobacco is not beneficial to the human race, yet the universal diffusion of the American potato is an undeniable blessing. Without it, many of the countries of Europe would be entirely incapable of supporting their present population, and the poorer classes would often be left a prey to hunger. Those seas of meadow-land, the prairies, which lie southwest of the great lakes and along the banks of the Mississippi, Mis souri, Illinois, &c, are for the most part entirely destitute of trees, having been so from the beginning, or made so in consequence of natural or violent changes. For while some maintain that many forests, both in ancient and modern times,f have been pur posely or accidentally burnt down, others deny the fact, because traces of coal are nowhere to be met with. I regard it as indu bitable that the prairies on the Illinois and towards Chicago, have * On the upper Mississippi, too, 35,000,000 pounds of lead were obtained in a sin gle year. t Lewis and Clarke's Travels, p. 3. NATURAL FEATURES OF THE COUNTRY. 21 arisen from the subsidence of the waters, and are the bottoms of ancient lakes ; nay, had the waters of the Mississippi, in the summer of 1844, risen but a few feet higher* they would again have been converted into lakes. Thus Featherstonhaugh (p. 120) designates the prairies in Arkansas as the beds of ancient lakes, and remarks that meadow and forest often seemed there to contend for the mastery. The soil of the prairies is either per fectly level, or else it assumes the form of waves, and presents the appearance of a green sea which has suddenly become fixed while in motion. But to this color of the grass are soon joined the hues of a variety of brilliant blossoms ; red, it is said, predomi nating in spring, blue in summer, and yellow in autumn. The moister parts are the resort of innumerable water-fowl, and the drier are traversed by immense herds of buffaloes. Yet even here drinkable water is found not far beneath the surface. It is easier to cultivate these meadow-lands, girt with trees at the edges, than to extirpate the giant sons of the primitive forest ; these plains also offer the most favorable opportunity for the con struction of roads, canals, and railways. With the exception of many poor or swampy places on the shores of the Atlantic, and the great deserts that lie beyond all the present settlements at the foot of the Rocky Mountains, the entire soil of the American republic admits with care of profit able cultivation, and exhibits for the most part a superior degree of fertility. That the wild beasts are constantly forced further back, while man and the domestic animals take their place, is an incalculable gain ; and the diminution of the vegetable kingdom is no loss, as this is rarely carried further than is necessary, while a rich indemnification is presented in the prodigious store of coal and iron. Even in Maine, the state lying furthest to the north, all the necessaries of life can be produced ; and from here down to Florida and Louisiana there extends the cultivation of such a variety of articles, that the United States are better capable than any other country upon earth of forming a commercial state exclusive and sufficient for itself. But as they have not wished to put into execution this unphilosophic and unpractical idea, they have naturally already attained the second rank among the commercial nations of the world. * In some of the northwestern regions, as, for instance, in the Traverse des Sioux, the water is still decreasing. CHAPTER II. DISCOVERIES AND FIRST SETTLEMENTS. Travellers and Discoverers — Virginia — Maryland — New England — Carolina — New York — New Jersey — Pennsylvania — Georgia — Delaware — General state of things. As soon as Columbus had revealed another horizon to the eyes of all Europe by means of his grand discovery, every seafaring nation sought to secure for itself a share in the new countries. The Spaniard Ponce de Leon landed in Florida in 1512 ;* Soto penetrated to the Mississippi in 1541 ; and in 1565 the Spaniards founded St. Augustine in Florida, the oldest city in the United States, but at the same time they most barbarously destroyed, out of religious hatred, a settlement of French Huguenots. In the year 1524 Verazzani undertook for France the first voyage to the coasts of the United States ; Cartier arrived at the St. Lawrence in 1535 ; and in 1608, Champlain penetrated to the lake that bears his name. More continuous and indefatigable were the enterprises of the English. John Cabot, a Venetian merchant residing in Bristol, received from King Henry VII, on the 5th of March, 1495, a patent to discover and take possession of countries. On the 24th of June, 1497, he reached the continent (Columbus reached it in 1498, and Amerigo in 1599) in the 56th degree of north latitude, and he followed down the coast to the 38th degree. This discovery was at that time equivalent to taking possession. Cabot's son, Sebastian, went in 1517 in search of a northwest passage, and on this occasion penetrated into Hudson's bay. Drake's voya ges and plundering excursions (1577-1580) were of no lasting consequence ; and in spite of the boldness and perseverance exhibited by Raleigh (since the year 1584) in his endeavors to establish the colony of Virginia, so called after Queen Elizabeth it was not till twenty years later (in 1607) that Jamestown, the oldest Anglo-American city, was founded. And even at this time every thing wore an unfavorable aspect. Among those who had ventured over there were more gold-hunters, Sobles, and idlers, than husbandmen and mechanics. There was a lack of women, and numerous dissensions gave the Indians opportuni ties for attacks and for inflicting barbarities. The aim of * The best information on all these matteis is to be found m Bancroft's History DISCOVERIES AND FIRST SETTLEMENTS. 23 the greater part was rather to amass sudden wealth, than to settle and labor. It was very correctly remarked by Capt. John Smith, the man to whom Virginia is so highly indebted, that mechanics and husbandmen were needed most of all, and that nothing was to be hoped for or gained in the country but by labor. And such, thank Heaven, is still the case ! In the two first patents for a company of adventurers, only their and the king's rights were guaranteed. In 1619, Governor Yeard- ley boldly convoked a representative assembly ; and in the year 1621, the London Company established a constitution similar to that of England ; the Governor and members of a Council were appointed by the company ; but the legislative power was entrusted to an Assembly, in which sat the councillors above mentioned, and two burgesses chosen to represent each planta tion. Orders from London needed ratification by the assembly, and vice versa. The governor was allowed a negative, restraining vote. Judicial proceedings and the trial by jury were the same as in England. In the year 1623 King James broke up the company ; yet the rights of Virginia were not hereby diminished. On the contrary, it was distinctly declared that the governor should levy no taxes without the authority of the . assembly. The designs of kings James and Charles I. to abolish the company altogether, met with failure ; nor did the last-named monarch succeed any better in obtaining for himself a monopoly of the increasing tobac co-trade. When England, in the year 1642, demanded a general monopoly of their trade : the reply of Virginia was, " Freedom of trade is the blood and life of a commonivealth." Nor could the English Navigation Act of a later date be fully enforced. But while such laudable progress was making, the introduc tion of slaves was unhappily permitted, and afterwards even approved of by Locke. Less objectionable was the introduction of respectable females from Europe, who were disposed of at the rate of from 120 to 150 pounds of tobacco each.* Cromwell treated the colonies with good sense and moderation ; but after the restoration of Charles II., ecclesiastical and political usurpations soon showed themselves. The high church was declared to be the religion of the state, a strict conformity in all doctrines was enjoined, force was employed against the Quakers, and a heavy finef prescribed for non-attendance at church. This intentional infringement of the rights of the people led to revolts, and under Governor Berkeley to very severe punishments. This indeed Charles II. afterwards disapproved of in words ; but he failed to grant a new patent with more ample public rights. The * Grahame, ii. 72. A pound was worth three shillings. t Fifty pounds of tobacco. 24 DISCOVERIES AND FIRST SETTLEMENTS. altered government in England since William III. operated also in a different manner on Virginia. Persecuted Catholics founded Maryland under the conduct of Sir George Calvert and his son Cecil Calvert, Lord Baltimore. He received from the crown, in the year 1632, almost unlim ited powers ; though to these a representative constitution was annexed. These immigrant Catholics likewise gave the first praiseworthy example of general religious toleration ; although during the English rebellion political and religious disputes were not wanting. In the year 1650, twelve persons were convoked by Lord Bal timore to form an Upper House, and from each county four per sons were chosen for the Lower House. About 1660, Maryland was in the possession of political freedom, based on a partial ap plication of the doctrine of the sovereignty of the people ; and in the year 1692, Lord Baltimore's prerogatives were almost wholly abolished. As Maryland owes its origin to intolerance against Catholics, so the settlements in New England were brought about by per secutions inflicted on Protestant dissenters and Puritans* But, as it usually happens, the persecuted also held their views to be the only right ones, and sought to enforce them by stringent laws. Charles I. was eager to get rid of the turbulent Puritans, and accordingly he here made larger concessions than he had done to Virginia. At least, from the year 1629, there was gradually deve loped out of a charter granted to a trading company for Massa chusetts, a constitution with representative forms, based on demo cracy. In the spirit of this political freedom, Roger Williams demanded also religious tolerance, and said that no creed, no opinion should be persecuted. Heresy should remain unattacked by laws, and orthodoxy needed no frightful protection by means of punish ments. To this the Puritans opposed the conviction that the state must root out all errors : thus very naturally assuming their own views to be the only correct ones. Williams, a truly pious, noble, and disinterested man, suffered on account of these princi ples, persecution, banishment, and distress of every kind ; yet he afterwards (about the year 1638) became the founder and law giver of Rhode Island with democratic forms and entire relioious freedom. In Boston, however, the capital of Massachusetts (founded 1630), religious discussions, in which the women took an active share, continued to exist, and led to legal decisions inflicting ban ishment on Catholics, Jesuits, and Quakers. * The first settlement was in 1620 at New Plymouth. DISCOVERIES AND FIRST SETTLEMENTS. 25 In the year 1629, arose New Hampshire, and in 1636, Connec ticut ; and in both of these, republican institutions were deve loped. Charles I. and his ministers (Strafford and Laud) enter tained the design of carrying out their political and religious plans in New England also ;* but they were prevented. It is also said in a petition of that colony : " Suffer us to live in the wilderness undisturbed ; and we hope to find as much grace with the king and his councillors, as God imparteth to us already." From that time forward New England remained unmolested by the king, withstood all closer dependence on the Long Parliament, and was not disturbed in its development by the favorably dis posed Cromwell. Still, the echo of the ecclesiastical disputes in the mother-country was heard beyond the Atlantic. " Faith," it was repeated, "should not grow so cold as to tolerate errors. Polypiety is the greatest impiety, and only gross ignorance can demand liberty of conscience." This keenness and determination operated more advantage ously in another direction, in establishing greater popular freedom and opposing oppressive restrictions on trade. In the year 1662 and 1663, Connecticut and Rhode Island obtained new charters, which fully secured municipal indepen dence, permitted the election of public officers, extended religious toleration, and very much restricted the influence of the king and of the mother-country. Many things were already deliberated and acted upon in North America, which elsewhere were hardly thought of; such as making provision for the poor, the construc tion of public roads,! the registering of births, deaths, &c. The zeal for schools was so great, that parents were commanded to send their children to them, under pain of punishment. About the time when the restored Stuarts deprived most of the English towns of their charters, or essentially altered them, the like danger threatened the American colonies. They stood up, however, with equal sense and spirit (with Massachusetts at their head) to defend their rights, and declared that no appeal should go from America to England. " Our connection with that king dom," said they, " is a voluntary one ; and! it Has nd right, either to bind us or to give away our lands, since we" have acquired all by our own labor and means." The province of Carolina, or the country between the 31st and 36th degrees of north latitude, extending fromthe Atlantic to the Pacific ocean (a territory equal to several kingdoms), was grant ed by Charles IL, in 1663, to several emi^Jjt'rioblemen. Shaftes bury and Locke sketched a constitution, in which the latter had the chief hand, for the future state yet in embryo ; but which — * Grahame, i. 252. Bancroft, i. 44. t De-Tocque.ville,i.46. 26 DISCOVERIES AND FIRST SETTLEMENTS. like many a one framed in a similar manner — was rendered all the more unsuitable, by the endeavors of its authors to foresee and provide for all imaginable cases, and thus make it unalterable for all future times. The English system of hereditary aristo cracy, although already sufficiently complicated, was transferred to the primeval forests of America, along with many artificial additions. The eldest of the eight proprietaries was to be a kind of sovereign, armed with numerous powers and rights, and the remaining seven were made high court dignitaries, chancellors, chamberlains, &c. They constituted, moreover, a sort of upper house, to which was joined a lower order of nobility, and other gradations, after the manner of the feudal system. Only the greater proprietaries received certain elective rights ; while no real control whatever was granted to the people over legislation, government, and judicature. On the contrary, the Church of England was made the religion of the state, to the exclusion of every other ; negro slavery was recognized in the constimtion as lawful ; and thus the laws proceeded from the most important matters, down to regulations respecting ceremonies, pedigrees, fashions, and sports. The opposition to this ill-advised constitution rose to such a pitch, that it was abolished, and forced to give place in 1693 to democratic institutions. In the years 1719-1721, the province was divided into two states, North and South Carolina. New York, which had been colonized by the Dutch, and where some Swedes had also settled, was surrendered to England in 1667 ; and in 1683 it gave itself a constitution with a universal right of voting in the election of representatives to the assembly, with which were associated a governor and council. The assem bly alone had the right to assess taxes. Trial by jurv was esta blished, religious tolerance declared, and the introduction of martial law and the quartering of soldiers prohibited. When James II. refused to ratify this constitution, disturbances arose, which were not composed and put an end to before the begin ning of the 18th century. As to the history of New Jersey we remark only that it, like New York, passed from Dutch into English hands, and Quakers likewise settled there. It was among the peculiar regulations of the province, that each of the representatives chosen by the almost universal right of voting should receive directions for his proceedings and a shilling a day, to make him bear in mind that he was a servant of the people. Slavery and imprisonment for debt were prohibited. Penn, the friend of the Stuarts, received in 1681 a grant of land from Charles II. ; and this title, which appeared to him unsatis factory, he strengthened by free contracts with the Indians. In DISCOVERIES AND FIRST SETTLEMENTS. 27 the year 1683, Philadelphia, the capital of Pennsylvania, was founded. Between Locke, the lawgiver of Carolina, and Penn, essen tial differences and contrasts are to be observed. The philoso pher confided only in the experience of his senses, the Quaker in his inner light ; the former in the knowledge and consciousness of his own actions, the latter in divine oracles : moreover the former spoke of popular rights, and founded an hereditary aristocracy ; the latter of divine right and patient obedience, and established a democracy ; the former regarded property, and the latter the moral nature of man, as the foundation of political rights. Ne gro-slavery was adopted in Pennsylvania, and only rejected by German settlers. Dissensions arose between the democratic party and the feudal lords, and the form and contents of the con stitution were altered several times. The first Dutch colony in Delaware was destroyed by the Indians ; the second, founded mostly by Swedes, fell into the power of the Dutch, and in 1664 into that of the English. In 1682 the province was granted to Penn, and in 1702 it was raised to the rank of an independent colony. In 1704 and 1714, attempts to reduce to practice the intolerant principles of the Eng lish Protestants failed, through the opposition of the inhabitants. It was not till 1733 that Georgia was founded, as a protection against Florida and the French enterprises on the Mississippi. The first charter improperly granted the lands, after the fashion of the feudal law, only to heirs male ; after its surrender in 1752, the province was reduced to a stricter dependence on the crown. These few brief and dry details are by no means designed as a connected view of the internal and external history of the North American settlements ; still they were necessary to a better under standing of subsequent events, and to furnish opportunity for a few general remarks. No single colony, with the exception of Georgia, was di rectly founded under the guidance or by the support of the English government. On the contrary, they sprang up for the most part through the intolerance and injustice of the mother-country. Royalty, in spite of its sufferings and embarrassments, could not emigrate ; and an hereditary nobility and priesthood are as little capable of being transplanted as close boroughs with corpora tions and exclusive privileges. The English revolution of 1688 was differently viewed in the different colonies ; and it was far from giving universal satis faction, inasmuch as king, parliament, and church were not want ing in attempts to increase their own power, and to infringe upon American rights and American customs. Believing in the om nipotence of Parliament, they would willingly have revoked all 28 DISCOVERIES AND FIRST SETTLEMENTS. ~the American charters, and have framed them anew, under pre tence of altered relations, for the sole benefit of the mother-coun try. The loud opposition raised to their plans kept them in abeyance till the middle of the eighteenth century. And thus the intention of levying taxes by England on America was also given up ; Walpole declaring, that he would leave it to those of his successors who had more courage and were less friends to commerce than himself; and that the free trade of the Ameri cans brought more into the treasury than compulsory taxes could.* The charters of the newly formed States were different among themselves, and it was impossible that they could then decide on all future unknown circumstances. Even where the king possessed the greatest power, it did not exceed that which he exercised in England, and the provincial assemblies of America were assimi lated to the English parliament. In spite of internal dissensions, and numerous feuds with the Indians, the colonies sprang up far more vigorously than those of Spain and Portugal, which were restricted by the mother-countries in every respect ; and by the preponderance of a free yeomanry — actually represented in the assemblies — a democratic power was formed, which England could not successfully control. Thus the entire subjection of the Americans consisted in not making any laws contrary to those of the mother-country, in submitting those which they did frame to the king's approval, in acknowledging the authority of his governors — within certain bounds, and in not opposing the general restrictions which Parliament placed upon their commerce. * Grahame, iii. 307. CHAPTER III. THE WAR TO 1763. Many constantly recurring feuds with the Indians exercised the vigilance and bravery of the North Americans. But of far greater importance were their wars against the French. With singular address and perseverance, these latter had established a chain of settlements and towns, extending from Canada along the Ohio and Mississippi down to New Orleans ; which girded in the English colonies, and not only prevented them from extending into the interior of the country, but even threatened to confine them to a small sea-coast on the Atlantic. On account of the war of succession in Austria, the English did but little to oppose this danger; for in those times, the slightest change in European relations and possessions was erroneously looked upon as of the highest importance ; while every thing relating to America was but slightly regarded, and soon lost sight of. Nay, when the Americans did not spare the greatest exertions, and a union of all the colonies was talked of (in 1791), mutual suspicions arose, on the one hand that England was aiming at a greater centrali zation and thereby an increase of the royal power, and on the other hand that America wa3 seeking to render itself stronger and more independent. The neighborhood of the French, it was argued by many in England, is the best security for the continued annexation of America to the mother-country. If this danger should be ended, the notion of independence would spring up again and meet with support from France. After eight years of war, England gained nothing by the peace of Aix-la-Chapelle, in 1748 ; and France merely received back again what she had lost in America, viz. Cape Breton. On both sides the ensuing years of peace, from 1748 to 1756t were actively employed. While the Americans penetrated step by step into the interior, the French labored at closing up and fortifying the immense chain of posts before mentioned. The for mer thought only of diligent cultivation of the earth ; the latter were bent on robbery, plunder, bold enterprises, glory, and con quest. France entertained no jealousy against her American colonies, and assisted them more than England did hers. Al though, notwithstanding this, Canada and its appurtenances had 3 30 THE WAR TO 1763. less power, it was still united, and was governed from a single point ; while the idea of a union of the North American colonies, suggested again by the increasing danger of a new rupture, and developed by Franklin, was still regarded in England as too republican, and in America as too monarchical. The assembled governors of the colonies, and the most respect able members of the provincial assemblies, made the proposition, that a council for all the states should be chosen by the latter, with a royal governor at its head ; and that both together should be empowered to make general laws, and to raise money for the general defence. The English ministry proposed, on the con trary, that the governors of the provinces should from time to time convene with two of their councillors (mostly appointed by the crown), arrange general measures, erect fortifications, levy troops, and draw sums from the British treasury; which should afterwards be raised from the colonies, in the shape of taxes, by virtue of an act of Parliament. The first and more comprehensive plan gave rise to misgivings in England, and the last met with still less approval in America ; for it placed the decisive power in a few hands independent of the people, afforded some assistance only from time to time, and settled the most highly important question relative to the right of taxation to the disadvantage of America.* The most zealous declared, even at that early period, that America was no more dependent on England than Hanover was. When questions of trade in Europe, and border strifes in America, gave rise, after single deeds of violence, to an open war between England and France, in May, 1756, these opposing views operated in an injurious manner, and awkwardness and negligence gave to the first military expedition a very unfortu nate termination. It was not until Pitt came to the head of the government, in 1758, that activity and interest were exhibited on behalf of American affairs. This led, on the 13th of Septem ber, 1759, to a decisive and incalculably important battle on the Heights of Abraham, before Quebec. Montcalm, the French, and Wolfe, the British general, both fell fighting bravely At the Peace of Paris, on the 10th of February, 1763, the French lost all their American possessions ; and all the country eastward of the Mississippi, including the Floridas ceded bv Spain fell to England.f J l ' Interesting as is the Seven Years' War of Europe through the personal greatness of King Frederick IL, and the bravery of the Prussians, pressed upon by enemies of superior force,— singular * Jefferson's Writings, i. 6. t Spain, according to a secret article was to be indemnified by France with the rest of Louisiana. Bunner's History of Louisiana, p. 122. FROM THE PEACE OF PARIS. 31 in the history of the world as is the dominion acquired immedi ately after this war by the English in the East Indies, — it still remains the most important event for the history of mankind, that from that time forth the dominion of the Romance nations in other quarters of the world crumbled to pieces, while that of the Ger manic stock, especially in America, marched irresistibly forward. Few then perceived what must be the inevitable result fnay, even now there are many who overlook the immeasurable importance of this development of human progress ; and hence it is worthy of mention, that Vergennes,* the French minister for foreign affairs, foresaw, as early as the year 1775, the future independence of all the European colonies, and prophesied that in time to come the Germanic people would rule over South America likewise. CHAPTER IV. FROM THE PEACE OF PARIS, IN 1763, TO THE NORTH AMERICAN DECLARATION OF INDEPENDENCE, IN 1776. State of affairs after the War — Commerce and Duties — Right of Taxation — Stamp Act — Resolutions in America — Effect in England, and Counsels there adopted — Views and Principles — Question of Right — State of Fact — Abolition of the Stamp Act — Hopes and Fears — New Taxes — Duty on Tea — Tea cast into the Sea — Proceedings against Boston — New Movements — First Congress — Resolu tions of the Congress — Parliament, Chatham — Lord North's Proposals — Burke's Proposals — Beginning of the War — Declaration of Independence — Reflections. England, during the seven years' war with France, had made very great exertions, borne an immense amount of taxation, suffered from the derangements of her trade, and plunged herself deeply into debt. It seemed absolutely necessary that her finances should be arranged, the public debt reduced, and the neglected laws of commerce again put in practice. And above all, it was con sidered that America should lend its assistance to these necessary and wholesome measures ; since the whole war had been under taken chiefly for its sake, and had been concluded with the gain of immense tracts of land to its almost exclusive advantage. The rejoicing and enthusiasm produced in America by this happy event were certainly very great, and its gratitude to England was natural and sincere. But this joy was partly produced by the consciousness to which the Americans had attained of the great ness of their own power and the value of their own exertions ; * Raumer's Beitiage, v. 216. 32 FROM THE PEACE OF PARIS and to this they joined the observation, that after the destruction of the French power, English assistance for the future would seem to be no longer necessary. And, moreover, it appeared very questionable whether, during the great struggle, America had not done, suffered, and paid more in proportion than England.* While such were the feelings naturally and unavoidably enter tained, and while the colonies were daily increasing in weight and importance, the government of the mother-country should have exercised the greatest moderation and prudence, and should have adapted its measures and demands lo the new rela tions which had sprung up. But instead of this, orders were issued in 1764 for a stricter enforcement of the English Naviga tion and Customs Acts, which were harshly executed by the public officers ; so much so, that many manufactures were di rectly prohibited in America, in order to secure the monopoly of them to the mother-country.f Both before and after the war, the northern colonies in parti cular had carried on a considerable and profitable trade with Spanish America, receiving gold and silver in return for English manufactures. This was contrary to the letter, but not to the spirit of the English Navigation Act; although even then it seemed no longer adapted to the general state of things. It was wrong to discuss the mere theoretical question respecting the relation in which that trade stood to the old laws, without taking into account long custom, the advantages of the trade, the incli nations of the people, their own power of execution, &c. It is true, the prohibition of the trade was again removed, in conse quence of the urgent complaints of the Americans ; but it was at the same time burdened with such high duties, as to render it impossible to carry it on. Not only did new remonstrances on this turn of affairs, and on the increasing despotism of men in office, the assumptions of the military, &c. remain without effect, but England likewise imposed duties upon silk and woollen goods, sugar, coffee, wines, &c. ; all, it was said, for the protec tion of America, although at this moment no danger threatened it. This Customs Act, which was already regarded as an innova tion in America, was rendered doubly burdensome by a number of accessory regulations. Thus, for instance, the paper currency of the colonies was rejected, and payments ordered to be made in specie ; while disputes on this head were to be decided, not by the common law and with the aid of juries, but by the courts of admiralty. Formerly, all laws relative to commercial monopoly and the burdens connected therewith, had been regarded as general rules * Burke, ii. 396. t See Ramsay's History, chap. ii. Kuhfahl, i. 7. TO THE DECLARATION OF INDEPENDENCE. 33 of trade, and not as custom laws in particular. The regulations above mentioned, as well as others connected with them, led, however, to a closer examination of the theory and practice of systems of taxation, and to a severe scrutiny into the relations of a mother country to its daughter states. The prevalent feelings and tendencies were sufficiently mani fested when Massachusetts, which was soon followed by the other states, declared, June, 1764, that where there is no representation, slavery reigns, and that the British Parliament had no right to tax unrepresented Americans. Thus the question relative to the right of taxation became the central point of all the disputes that broke forth. Both parties were agreed that America ought to contribute pro rata to the taxes occasioned by the last expensive war. But while Great Britain maintained that its Parliament necessarily and naturally possessed the right to impose taxes on all parts of the kingdom, the Americans responded, that the Bri tish empire had grown to such an extent, and the interests of its various parts were so diverse, that it must have several representa tive assemblies. The American assemblies, said they, are for America, what the British are for Great Britain ; and by adopting a contrary view, and one opposed to our charters, we should lose the right of taxing ourselves through our own representatives? we should be put without any reason lower than Englishmen, and be turned into subjects of subjects. In England many were at first enraged to think that the colonies should refuse to yield obedience to Britons, the conquerors of the world, or to acknowledge the omnipotence of Parliament, and help to diminish, in compliance with its decree, the great burdens rest ing upon the mother-country. The declaration, said they, that Americans ought to enjoy the privileges of British subjects, does not contravene the right of the British Parliament to impose 1axes. To such taxation every Briton, without exception, is subjected, and the American charters were intended merely as a protection against a partial levying of taxes by the king. Liverpool, Man chester, and other English towns, which send no representatives to Parliament, could not be taxed by it according to the American views ; but they, like America, are virtually represented, and pay without offering any opposition, in which respect the Americans would do well to imitate them. The defects of the English constitution, the Americans replied, should not be held up to us for imitation. It must not be forgot ten, that the interests of a distant and essentially different part of the world cannot be virtually represented like those of an English town, which lies close at hand. Newly arisen relations of time and place are to be attended to, and the early necessitous state of colonies furnishes no rule for their treatment after they are 34 FROM THE PEACE OF PARIS become powerful and have reached their maturity. But the inten tion seems to be, not to extend their rights in a natural manner with their increasing power and importance, nor even to main tain them unimpaired ; but, from a perverse management or a self ish jealousy, to impose upon them still heavier restrictions.* It is certain that, even at this early period, nothing but the great est sagacity, circumspection, and moderation, without violence, could have suggested the right course of action ; but the heads of the English government were wanting in those qualities. Fear ful that America might become weary of her fetters, they ven tured on the dangerous experiment of loading her with yet more galling ones. In fact, there were but three practical courses to be pursued ; and these were, either that the colonies should become independ ent, or that they should retain their legislative assemblies, or that their representatives should be received into the British Parlia ment. The fourth expedient, that of taxing America without any representation and without participation in the legislative power, was wholly repugnant to the spirit of the British constitution. Walpole, as we have seen, had totally rejected propositions found ed on this principle ; and there was as little propriety in appeal ing respecting America to some former attempts, which perhaps had been successful, as there would have been in citing to Eng lishmen the proceedings of the Star-Chamber in the time of Charles I., or the dispensing power claimed by James II. Some few, indeed, may have already entertained the idea of America's complete independence of England: but it had not yet descended to the mass of the people ; and it essentially de pended on the wisdom of the measures next to be adopted, whether this idea should rapidly spring up, or still be repressed for a long while to come. At that time England could not and would not accustom herself to the thought of different legislative assemblies, in connexion with one executive power; and the reception of even a small number of transatlantic representatives into Parliament seemed to Englishmen as too great a favor, sup posing it to be practicable ; while the Americans pointed out that they would still be worse off than Englishmen, inasmuch as American members and their votes would be excluded from the House of Lords.f Such was the state of things, when Lord Grenville, in March, 1765, brought forward a Stamp Act, which was to be no less binding on America than on England.ij: Its simplicity, although it comprised a countless number of topics, was extolled ; and an attempt was made to weaken the opposition offered to it on the score of the sparse population and scattered dwellings in Ame- * Adolphus, i. 162. t Grahame, iv. 200. \ Grahame, iv. 195. Adolphus, i. 203. TO THE DECLARATION OF INDEPENDENCE. 35 rica. Charles Townshend, the chancellor of the exchequer, said on this occasion : " The Americans, planted by our care, fostered into strength and opulence by our indulgence, and protected by our arms, will not grudge to contribute their mite to relieve the mother- country from her heavy burdens." In vain was it remarked that a stamp duty for thinly peopled America was injudicious,* for the simple reason that the attendant expenses would ten times exceed the amount of the tax, -while supervision, examination, and the punishment of delinquencies would be almost impossible. In vain were pressing remonstrances presented by American agents ; they were laid aside unnoticed : for first of all the colo nies must acknowledge the unconditional right of taxation pos sessed by Parliament, and must submit to the rule, according to which no petition against a pending money-bill could be ad- mitted.f In just indignation at this frivolous and pedantic mode of thinking and acting, Colonel Barre exclaimed in parliament in reply to Townshend, " It is not the care of England, but her intolerance and tyranny that planted the colonies; they have grown in strength by your neglect, by your interference their progress is impeded, while they have driven back enemies of every kind by their own exertions. The people are true to the king, but also jealous of their freedom ; let every one be careful not to violate it !" Notwithstanding these remonstrances, there were but about forty votes in the lower, and none in the upper House, against the Stamp Bill. To the majority it seemed perfectly natural, and at the same time but of little consequence. On the 22d of March, 1765, it received the royal assent ; and scarcely any one in England doubted but that it would also go into effect in America without opposition. But the distribution of the stamps being postponed until the 1st of November, the Americans soon recovered from their first alarm ; political clubs were formed, and in numerous publications the existing state of affairs was discussed from many points of view, and in a vehement manner. As early as May, 1765, the legislative assembly of Virginia convened, and resolved — on the motion of Patrick Henry — not to obey. They even denounced as enemies every one who main tained, that any but the provincial assemblies could impose taxes on the colonies. " Csesar and Charles the First," said Henry, " met their destruction, — let George the Third beware." While many applauded, and others blamed this boldness, the governor dissolv ed the assembly ; but he could not prevent the knowledge of what had taken place from spreading abroad and inciting to imitation. In many places, as Boston, Newport, New York, Portsmouth, * Belsham, v., 181. t Hinton, i. 272. 36 FROM THE PEACE OF PARIS Newcastle, &c, the enraged multitude gave themselves up to vio lent excesses. The stamp papers were destroyed, the houses of the stamp distributors plundered, and they themselves were burnt in effigy, and compelled to swear that they would resign their offices.* Although quiet and more thoughtful citizens disapproved of these proceedings, their views, nevertheless, were constantly be coming bolder and more comprehensive. England, it was said, cannot constitute both head and members at the same time. Where all local principles and regulations are destroyed, slavery exists; and as Parliament was not established, either by law or custom, for America (any more than for Ireland) as it was for England, its power in both countries cannot be one and the same ; and its omnipotence in the colonies is a thing not to be spoken of. As the legislative assemblies of the colonies — even with the king's consent — cannot make laws for England, neither can the British Parliament for America. If the rights of the king are less extensive in several of the colonies than in England, be it remembered that with regard to Maryland he expressly re nounced the right of taxation. Connecticut and Rhode Island are complete democracies ; while other provinces possess, by their charters, the right of declaring war and concluding peace. It is to be considered, moreover, that the French made war upon America chiefly on account of England ; and that America, by commercial duties, and by the purchase of English productions and manufactures, does virtually bear a part of the English bur dens. Supposing even — which may be doubted — that the mo neys received would be well administered and employed in England, still the Americans can now no more consent, to arbi trary taxation for useful purposes, than could the English patriots in the time of Charles I. Among these complaints were heard others respecting injuries to commerce, the quartering on Ihem of an. insolent soldiery, the depreciation of the paper currency, &c.f The opposition acquired greater unity, and redoubled importance, by the meeting in New York (in October, 1765) of twenty-eight delegates, from nine provinces, to wit: Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina. They resolved, that America could be taxed only through its own representatives, and lhat all iheir present °riev- ances should be laid before the king and Parliament. °New Hampshire had promised to accede to the resolutions adopted; and the other provinces had been prevented by their governors from sending delegates to the meeting in New York. Simultaneously with the adoption of these political resolutions * Ramsay, i. 111. Adolphus, i. 210. Grahame, iv. 203, 213. t Ramsay, i. 122. Adolphus, i. 213. Hinton, i. 27"; TO THE DECLARATION OF INDEPENDENCE. 37 voluntary agreements were entered into to purchase no English manufactures until the repeal of the Stamp Act. The most zealous efforts were made to supply — although imperfectly, — the wants thus occasioned ; many things were cheerfully dis pensed with ; and secret promises were mutually given to ward off, with united exertions, any violence or penalties which this course might entail. Such a general and well-regulated opposition produced a very great sensation in England ; and each party explained the events in conformity with its own views and aims. Mr. Nugent (af terwards Lord Clare) remarked, that a pepper-corn in acknow ledgment of the right, was of more value than millions with out* Lord Grenville maintained, that the disobedience of the Americans was very great, that the right of taxation was a neces sary part of the general legislative power of Parliament, and that protection and obedience were reciprocal. He declared, too, that the insolence and obstinacy of the Americans arose from the party spirit and erroneous views that were exhibited in Parliament. — Mr. Pitt answered with his usual boldness : " I rejoice that America has resisted. Three millions of our fellow-subjects so lost to every sense of virtue, as voluntari y to give up their liber ties, would have been fit instruments to make slaves of all the rest. Assert the sovereign authority of this country over the colonies in as strong terms as can be devised ; extend it to every point of legislation whatsoever ; bind their trade; confine their manufactures ; — but do not take their money out of their pockets without their own consent. That you have no right to do ; and only in a good cause and on solid grounds can England crush America to atoms." — To this Nicholson Calvert replied : " It matters little to the question whether the Americans are in the right or not, — they think themselves so."f These few sentences contain, in fact, the brief text of innume rable subsequent discussions and explanations; they defined for years the theoretical and practical position of parties, and have — with slight modifications — so important an influence, even in our own day, that an elucidation of them in this connection can not well be out of place; especially as it must enable us to de cide respecting the truth or falsehood of the reproach, that the American republic sprang from a damnable rebellion. Respecting the relation of a mother-country to its colonies, no general system had as yet been laid down with scientific exactness ; nor were the examples in history so numerous, or of such a kind, that men could draw conclusions from them with certainty, and act accordingly. This insufficiency of the theory and # January, 1766. Parliament. History, xvi. 97-110. Adolphus, i. 225. t Raumer's Beitrage, iii. 289. 38 FROM THE PEACE OF PARIS practice that had hitherto prevailed, led to sharp, and for the most part arbitrary contradictions ; and since none possessed that con summate statesmanship which sees with prophetic eye into the future, and knows how to direct and control it, they lived on from day to day, wondering without reason why temporary remedies and temporary expedients, instead of leading to the desired re sults, brought forth constantly something new and unexpected. If a child is begotten, it does not depend on the mother's will whether it shall be born or not, nor upon the parents whether after birth it shall grow up to maturity. Every colony, says Thu- cydides with his well known acuteness, honors the parent city when the latter acts well towards it ; but it becomes estranged by unjust treatment. For those settlers were sent out not to slavery, but that they might remain on a level with them that stay at home.* The above cited declaration of Lord Clare, respecting the im measurable importance of even a pepper- corn by way of right, may in the first place be explained to mean (and so it was un derstood by Pitt), that it is an imperative point of honor and the first of duties, not to surrender the smallest portion of one's right, but to pursue it to the extremest iota. This view, which trans fers some of the littlenesses, prejudices, and follies of private life into the sphere of politics, involves whole nations in strife without reason or prospect of advantage, instead of skilfully and mildly reconciling them with each other. This declaration acquires additional weight, when understood to mean that force without right is ever powerless ; or rather that in the latter there resides a boundless power that nothing can resist. However, this theory also leads to harm, if not closely examined and essentially corrected. And first of all we find force opposed to right. If we here assume that force and wrong are wholly synonymous, the antithesis at least seems clear, and it may perhaps be proved, from the speculative point of view, that all wrong is in fact powerless or absolutely null and void. But for the practical point of view of historical action, this proof is without efficacy, and totally different means must be employed for overcoming wrong. There is also a second source of confusion and misapprehen sion in the fact that the words force and might are often used synonymously one for the other, and hence the saying has crept in, that might is always opposed to right. But in truth different degrees of power and might give rise to different rights ; although it is hereby by no means intended to deny that wrong may be found connected with any quantity of might, be it great or small. Great might when separated from right, and good right destitute * De Bell. Pelop. i. 34. TO THE DECLARATION OF INDEPENDENCE. 39 of all might, are always in a dangerous position ; wherefore true political wisdom should apply itself to both these elements, and heal their defects as completely as possible. Lord Clare insisted that both right and might were on the side of Great Britain, and cast aside the question relative to the right and might of America; and yet the main question on which every thing depended, was : What might and what right does America already possess, and what is it both called upon by nature and in a condition to acquire ? Grenville's words seemed to answer the question clearly : but mat appearance was deceptive ; for the Americans maintained that their defence during the last war had been substantially effected by themselves, and that after all the war had been brought upon them solely on England's account. Grenville's maxim also, that " Protection and obedience are reciprocal," may easily be taken to mean that obedience should cease when protection is denied. The truth of Grenville's declaration, that " the right of taxation is a part of the sovereign power," can by no means be denied as a general abstract proposition ; but in the particular concrete case in which it was applied to the British Parliament, it was only a premiss, a petitio principii. Pitt therefore very justly transferred the question to positive grounds, and showed that the form of the English law of taxation presented the most powerful arguments to induce the co-opera tion and participation of America. But still his views were too much confined to the concrete as those of Grenville were to the abstract. For how could the law of taxation be arbitrarily se lected from the whole body of legislation, and the Americans be made contented with such a fragment, while, according to Pitt's harsh declaration, they were to remain without right or participa tion in any other objects of legislation ? Nay more, so unable was Pitt to disengage himself from the prevalent English notions on the subject, that he would allow the Americans a voice only in direct taxation, while he claimed the imposition of all indi rect taxes (e. g. custom-house duties) as a monopoly on behalf of England. But in this state, unsatisfactory as it was both in theory and practice, things could by no means remain. Neither the doctrine of the point of honor, nor of the exist ence and omnipotence of a purely English right, nor yet Pitt's unsatisfactory proposal for an accommodation, could remove the difficulties that presented themselves. Mr. Calvert, therefore, very justly directed attention to existing facts. It was, he observed, of no kind of use to shut one's eyes to them, or to en deavor to solve the difficulty by laying down general propositions, or by referring to former circumstances which were essentially different. An unprejudiced examination of the facts would have 40 FROM THE PEACE OF PARIS shown that neither old dogmas nor old laws were suited to the present state of things. The majority of the British Parliament mistook, on account of the past, both the present and the future, and wished to play the judge according to defective and disputed custom, whereas there was needed a new legislation for a new ivorld. Let us return, after these intermediate observations, to the his torical facts. The Marquis of Rockingham,* a very sensible and excellent man, who was placed at the head of affairs in the sum mer of 1765, by no means participated in Grenville's views. He rather listened to those who maintained that the complaints of the Americans, as well as of the English merchants who were very much hindered in their trade, must be attended to ; and that unconditional blind obedience was not to be looked for from men whose forefathers had left their native country and suffered the greatest hardships in order to be free.f After many parliamentary struggles, the Stamp Act was at length (on the 18th of March, 1766) totally repealed in the House of Commons by 275 votes against 167, and in the House of Lords by 105 against 71, on the ground that this tax and the mode of levying it were preposterous.^: At the same time the unlimited legislative power of Parliament was confirmed by a special act, and in other places the mildness and moderation of the government were greatly extolled. This repeal of the Stamp Act gave rise in America to great and universal rejoicings; trade sprang up anew, numerous letters of thanks were despatched to England, and all seemed settled and composed. To the objection that Parliament had retained the principle of the right of taxation, and even strengthened it anew, the majority, full of gladness and hope, replied that Parliament, in order to save its honor externally, could not have acted other wise, but that it would be too wise ever to put the principle into literal execution in America. The season of commercial restriction, however, had produced in America the proud belief that, with respect to trade, it was less dependent on England than England was on it. A small island like England, it was said, which was indebted to the Americans for the disposal of so many of its wares, should not have the presumption to seek to impose restrictions on an entire hemisphere. Such were the sentiments and views of America. In the meantime, in the course of July, 1766, a partial change of ministry had- occurred. The Marquis of Rockingham's place * Belsham, v. 177. Burke's Life, p. 183. t Adolphus, i. 388. % Belsham, v. 532. Burke on American Taxation, ii. 401. TO THE DECLARATION OF INDEPENDENCE. 41 was given to a tory,* the Duke of Grafton ; Pitt, now created Earl of Chatham, being prevented by ill health from attending to business, had but little influence; and the control of the finances was entrusted to Charles Townshend, a man of splendid abilities, but of fickle and uncertain character. He thought it would be manifesting a sufficient degree of prudence and compliance, if he should refrain from taxing America directly, and merely regu late its commerce, as had so often been done before without opposition. When he proposed accordingly, in June, 1767, to levy duties on glass, paper, painters' colors, and tea entering into the colonies, the bill was passed, almost without opposition, into a law. As soon as the Americans received news of this, they were unwilling any longer to recognize the former nice and too artifi cial distinction, that England ought indeed voluntarily to give up direct taxation, but that to indirect taxation she was perfectly entitled. They justly observed, that the prohibition to manufac ture certain articles of commerce (as, for instance, hats), and the command to purchase only those of English make, undoubtedly included within themselves a tax, and the new duties would create a revenue at the expense of Americans just as much as the Stamp Act. Agreements were again entered into to import no English goods until the duties were taken off — a sort of indi rect compulsion, which was both allowable and very unpleasing to England. The animated declarations of the legislative assem blies against British taxation in any shape, and their open endea vors to enter into closer connection with each other for the sake of more effectual resistance, were regarded by the governors as still more dangerous, on account of their formal nature. When the governors on this account dissolved the assemblies, the mal contents formed private associations, which soon assumed a regular form, and proceeded with great applause to carry out the objects at which they aimed, and especially to support and strengthen the combination against English goods. The occu pation of Boston and other places with English troops (Septem ber, 1768) increased the general discontenl, without adding to the power of government. The payment and quartering of troops was every where refused on the ground of existing laws, and the proposal to grant sums for the salaries of officers in perpetuo was rejected, as it would place the ruling power in the hands of a few irresponsible persons. The command that all evasions of the customs should be tried and punished in England, was termed a violation of the most important principles of the British constitu tion.! * Grahame, iv. 249. t Grahame, iv. 276. Belsham, vi. 11, 21. Ramsay, i. 150. Adolphus, i. 358. Politisches Journal, 1781, p. 53. 42 FROM THE PEACE OF PARIS In this state of things the English government a second time changed its measures. In April, 1770, an act was passed, by 350 votes against 62, granting a partial repeal of the duties levied in the year 1767. Those on glass, paper, and painters' colors, were taken off altogether ; but that on tea was raised threepence a pound. By this' means, the majority asserted, the burden was diminished, while the principle was preserved. On this occa sion Grenville remarked : My strictness was the best means ; Rockingham's unconditional repeal of the taxes the next best; but this middle way is the worst of all. Others said: It is ab surd to keep up the contention while the advantage is surren dered. And Burke exclaimed : What dignity is derived from perseverance in absurdity is more than I ever could discern.* Regardless of these and similar reproaches, Lord North (who had succeeded to Townshend's place in September, 1770) declar ed : "A total repeal of the duties cannot be thought of till Ame rica lies prostrate at our feet!" Such vaporing was certainly unworthy of a statesman, and created a most disagreeable and exciting sensation in America. The compacts, however, against English goods were immediately dissolved, and retained only against tea. But unhappily at this time many faulty measures and unfortu nate occurrences took place. A constitution was introduced into Canada which gave reason to fear that similar restrictive pro visions would be imposed upon the other colonies. The gover nor of Massachusetts lived in discord with the patriots of that province ; he advised harsh measures, as was shown by inter cepted correspondence, and made the judges wholly dependent on himself: these things gave rise, in March, 1777, to bloody con flicts in Boston between the people and the troops. Thus violent opposition gradually took the place of respectful remon strances, and there needed but one new error on the part of the English government to stir up the passions also in behalf of the American doctrines.f In consequence of the diminished export of tea to the colonies, an immense stock of that article had accumulated in the ware houses of the East India Company ; for which reason the gov ernment gave permission to send it to all places whatever, duty free. As the remission thus granted amounted to a shilling on the pound, while the American import duty was only threepence ; as the East India Company ordered their consignees in America to pay this latter tax, which was thus concealed in the price ; and lastly, as the price of the tea, by taking off the threepence and by * Belsham, v. 360. Adolphus, i. 464. Genz Histor. Journal, 1800 ii. 28. Burke on American Taxation, ii. 366. t Ramsay, i. 172. Burke, ii. 363. TO THE DECLARATION OF INDEPENDENCE. 43 the recent abatement of a shilling, was brought much lower than before, it was thought that the Americans would thankfully ac knowledge the advantages held out to them, and willingly make purchases. But, on the contrary, they said, " Shall we sell our rights like cowards for a trifling gain in the way of a tax ; shall we show ourselves meaner and more selfish than England, who evidently surrenders greater advantages for the present, in order to carry out her claims to unconditional sovereignty ?" Accordingly it was resolved that none of the tea should be bought, and that all ships laden therewith should be prevented from landing their cargoes. This was carried literally into effect in New York and Philadelphia, although not every where : in Charleston the tea was seized and kept till it spoiled ; and in Boston seventeen persons disguised as Indians threw, on the 18th of December, 1773, three hundred and forty-two chests of tea into the sea. Not a single chest landed in North America was sold there.* As soon as Parliament received the news of these events, the majority, without reflecting on the primary cause that produced them, turned their attention solely to the outrages last committed in Boston. But instead of investigating the circumstances of the transaction, and finding out the instigators and participants therein, instead, in short, of taking the fair and proper course, they imposed (March, 1774) a heavy fine on the whole city, and laid an, em bargo on Boston harbor. In vain did Chatham, Rockingham, and others, declare themselves in favor of milder and conciliatory measures ; in vain did Burke remind them that at length opposi tion was directed only against unjust laws, and that from this very circumstance it was evident how improper it was to condemn without a hearing, and to try to enforce constitutional principles by the military arm.f The citizens of Boston said to the same effect: " How is it possible that for the offence of individuals and before any legal investigation, an unsuitable, incalculable, and destructive punish ment is to be inflicted upon the whole city ? How can it be required that dependence on Great Britain should outlive its justice ?" The feeling of right which advocated the propriety of indemni fying the East India Company for the loss of their tea, on the part of those who had caused it, was now excited in a much stronger degree in favor of the innocent inhabitants of Boston ; though it was expected that a more equitable and moderate course would be adopted by England. But instead of so doing, Parlia ment about this time (May, 1774) changed the constitution of Massachusetts in its most essential particulars. It. was enacted that the provincial council, hitherto chosen by the representative * Grahame, iv. 329. t Hinton, i. 312. 44 FROM THE PEACE OF PARIS assembly, should hereafter be appointed by the crown. The appointment of most of the public officers, and the removal of councillors and judges, were intrusted to the will of the gov ernor ; the town-meetings were made entirely dependent on him; and not the slightest respect was paid to the contents of the old charters, to which all these proceedings were opposed. Lord North said : " If this bill does not rest on grounds of the great est political necessily, it rests on nothing.* And in fact it did rest on nothing ; yet 239 against 64 voted for it in the lower house, and 92 against 20 in the upper house, remaining true to the con viction, that severity would soon set all to rights ! Allowing that the constitution of Massachusetts exhibited great defects, still it was exceedingly rash to change its form just at that moment — exceedingly short-sighted to destroy despo tically the recognized rights and charters of an entire people, and to play the reformer so awkwardly and unjustly. At any rate it might have been distinctly foreseen that herein the omnipotence of Parliament was still less likely to be acknowledged than it was in paying the duties on tea. The third blundering encroachment of the English ministry consisted in a law passed at the same time, to the effect that any person indicted for murder or any other capital offence committed in aiding the magistracy of Massachusetts should be tried in another colony, or in England. These measures, the blame bestowed on them even in the British Parliament, the public meetings, correspondence, and publications of all kinds, raised the enthusiasm in favor of North American freedom to such a pitch, that even the most circumspect coincided in — or at least did not venture to oppose — the assertion, that it was necessary to bear present sufferings with cheerfulness, in order to escape the great and inevitable evils with which they were threatened. The restrictions of old constitutions and govern ments were less effectual in accustoming men to an anarchy hitherto unknown, than they were in leading to new measures which far surpassed in boldness all that had been attempted be fore.! Thus the combination entered into by newly established committees, communicated to all undertakings and movements a rapidity, unanimity, and activity, of which no example had hitherto been given ; and which was afterwards repeated in the Jacobin clubs in another and more fearful manner. Boston bore the very heavy loss arising from the embargo on its commerce, with immoveable firmness ; and experienced every where such hearty sympathy, that even the inhabitants of the neighboring town of Salem — whither it was designed to turn * Belsham, vi. 54. t Burke, iii. 60. Ramsay, i. 217~ TO THE DECLARATION OF INDEPENDENCE. 45 the course of trade, as a punishment to Boston,— declared, that they would consider it shameful to enrich themselves at the expense of their fellow-citizens. The proclamation of General Gage, the English commander-in-chief in Massachusetts, to the effect that the compacts against trade with England were hostile and traitorous, led merely to a controversial correspondence ; while every one acted in the matter as he pleased. The attempt to establish a new government in Massachusetts failed ; since several of the persons appointed by the king declined their offices, and others were prevented from assuming them by the people. Thus there ensued a general stoppage of all the courts and public offices, without giving immediate rise to riots, and acts of violence. When, however, the rumor was spread — perhaps intentionally — that Boston had been bombarded by the British, many thousands assembled immediately in the surround ing country ; and all the custom-house officers and other public functionaries, including even the newly established courts in Salem, were compelled to flee to Boston. Four months after the reception of the Boston Port Bill, on the 5th of September, 1774, the delegates of twelve provinces (Georgia followed later) met in general congress in Philadel phia ; they gave one vote to each state, and chose Peyton Ran dolph, of Virginia, as their president. In some of the provinces the deputies had been appointed by the legislative assemblies ; in others, where the governors opposed it, this had been per formed by assemblies of the people on their own authority. The resolutions that emanated from the congress abounded in strong assurances of loyalty, and of legitimate adherence to the mother-country. They acknowledged the prerogatives of the crown, and disclaimed all desire of separation. But, on the other hand, they firmly maintained, that they were entitled to all the rights of native British subjects ; that the late proceedings against Massachusetts were illegal and oppressive, and consequently were to be regarded as a matter of common concern to all the states. True, said they, the British Parliament can make cer tain regulations, and impose certain restrictions intended to benefit the trade of the whole kingdom ; but no tax can be levied on the Americans without their own consent ; and to them be longs the right of devising all laws for their internal government, and of laying them before the king. The congress resolved, moreover, that the American settlers had the right to be tried by their peers, to assemble peaceably together to consider their grievances, and present petitions to the king. It was contrary to law, they said, to keep a standing army in America without the consent of the provincial assemblies, and to make the legislative power entirely dependent on a council, simply appointed by the 4. 46 FROM THE PEACE OF PARIS crown. The acts respecting new taxes, the quartering of troops, judicial proceedings, the embargo on Boston, &c. : it was also necessary to repeal.* To this effect an able and eloquent address was drawn up to the inhabitants of Great Britain, and also an address to the king ; but at the same time — in order to give greater weight to these measures — all commercial intercourse with Great Britain was broken off until their grievances should be removed. Still the assurance was repeated, that nothing new was meditated ; and that all they sought was the restoration and preservation of their former peace, liberty, and safety. When the congress had thus performed its task, with serious ness, moderation, order, and prudence, it dissolved itself on the 26th of October ; but not until it had made the necessary arrangements for a second meeting. Every where its orders were readily obeyed ; and while the old forms of government still subsisted, they had in fact entirely lost their power and efficacy. One spirit seemed to animate all, and the enthusiasm on behalf of the public welfare exceeded all calculation. The merchants and country people submitted without demur to very slrict regu lations respecting trade, and the exportation of their produce; and each individual assented to unwonted deprivations and new obligations. A cheerful gaiety was exhibited in the midst of all these sufferings ; for the attainment of freedom seemed wor thy of all price. Thus all were exalted above themselves to a pitch of self-denial, devotion, and courage, which the cold pru dence of quiet times can scarcely comprehend. Yet instructive and warning as these events and manifestations must have been to every unprejudiced observer, the Parliament newly assembled in November, 1774, agreed with the former one : thus proving that a people may be very jealous of its own liberties, while, unhappily, it seeks to destroy those of another. Individual members, it is true, pointed out to ministers, that their anticipations of an easy suppression of disturbances had turned out erroneous, and that they were threatened with the dangers of a civil war ; but the majority were still in favor of severe mea sures ; and, among others, Lord Sandwich, the head of the ad miralty, spoke in the most contemptuous manner of the senti ments and power of the Americans. The partial resolutions of the congress, he asserted, would not be supported by the peo ple ; or, at any rate, they would easily be annulled by the superior power of England. These erroneous views were in a good measure owing to the fact, that the government received their ' accounts of what was going on, almost exclusively from their own officials ; who were either imperfectly cognizant of the true * Ramsay, i. 248. TO THE DECLARATION OF INDEPENDENCE. 47 state of things, or else sought lo enhance the value and merits of their vigilance by slandering the Americans. No one censured the views and proceedings of the ministry with greater severity and vehemence than Lord Chatham. He pledged his honor, and declared that he would own himself an idiot, if the resolutions that had been passed would not have to be repealed. When ministers retorted, that it was easy to find fault, but difficult to make more judicious propositions, he brought in a Bill, on the 20th of January, 1775, which was designed to effect a reconciliation with the colonies. It asserted the right of the king to send a moderate army at all times into all parts of his dominions ; but declared that military force should never be em ployed to violate and destroy the just rights of the people. The legal constitution and charters should remain untouched, several harsh measures should be rescinded, and an amnesty declared for all that had taken place. A congress might assemble to acknow ledge the rights of Parliament over the colonies, and grant a tax to the king, which Parliament might then dispose of. Direct local taxation should belong to the Americans ; from which, however, the general measures necessary for the regulation of commerce in a great kingdom were essentially distinct. " As to the metaphysical refinements," said Chatham, " attempting to show that the Americans are equally free from legislative control and commercial restraint, as from taxation for the pur pose of revenue, I pronounce them futile, frivolous, and ground less."* Lord Sandwich's declaration, that Chatham's bill seemed rather the work of an American (turning to Franklin, who was present) than of a British nobleman, was certainly unfounded; since the colonists, for the reasons already mentioned would have been but little gratified with the measures proposed : but be that as it may, it is a proof of passion and hastiness, that this and similar propositions of the greatest statesman in England, should be rejected at once, and without serious deliberation. The new Parliament, which, without subjecting itself to cen sure, might have repealed many of the acts of the former one, on the contrary proceeded with hasty steps in the same course, pro hibited the reception of any more petitions from the Americans, and declared their acts rebellious. Yet notwithstanding this more than dubious proceeding, Lord North said: " I have not the least doubt that the dispute with America will be ended speedily, happily, and without bloodshed." By way of nearer approach to this peaceful consummation, com mands were issued to increase the number of troops in Boston, and to place a -general embargo on American trade, including * Belsham, vi. 102, 104. Genz, 1. u. p. 40. 48 FROM THE PEACE OF PARIS the fisheries in Newfoundland. It was, indeed, remarked by some, that the restraints on the fisheries would operate also to the serious injury of Great Britain ; that such proceedings were more cruel than were customary, even against enemies ; that they would drive the American fishermen to the extremities of famine, compel them to become soldiers, &c. But the majority replied : The Americans themselves have given occasion for the measures complained of, and commenced hostilities against English trade. They must be shown that England is not more powerless than they ; and members must not shrink from adopt ing such means as are the best, because leading most speedily to the desired result. Still, in order not to put an end to all thoughts of an accom modation, or with the design of creating differences between the colonies, Lord North, in February, 1775, made the propo sition, that if any of the colonies would grant and place at the disposal of Parliament a proportionate sum for the common de fence of the empire, and make provision for the support of the civil government and the administration of justice within their confines, and if such grants and provisions should be approved of by the king and Parliament, — then during such contribu tions the duties should be taken off, excepting such as might seem necessary for the regulation of trade, and the income from these should be expended for their benefit. The ministers maintained, that in case the opposition of the Americans was founded solely on the grounds which they pro fessed, they must necessarily accept the proposition made them ; a rejection of which would completely prove that they cherished other and criminal designs. The whole proposition, however, met with but little acceptance even in England, and much less in America. The claims of Parliament to unconditional power, it was here said, are but awkwardly concealed ; it desires to treat with single states, in order that it may work on some by fear and on others by self-interest, and thus dissolve their union. Assent to a permanent tax leads to tyranny. England's monopoly of trade comprises within itself a taxation of America ; and if the mother-country desires to obtain still more, Americans must be allowed to carry on then- trade as freely as Britons. The pro position, it was continued, contains no renunciation of the rights of taxation, and forgets that the internal government and admi nistration of justice are wholly under the direction of American assemblies. On these and similar grounds, Lord North's pro position, which had been carried in the House of Commons by a vote of 274 to 88* was in America unanimously rejected. Milder proposals on the part of Edmund Burke, to redress the * Belsham, vi. 124. TO THE DECLARATION OF INDEPENDENCE. 49 well-founded complaints of the Americans and acknowledge their right of self-taxation, were rejected by a vote of 184 to 51* Prophetically he said : " Force in the long run can never suc ceed, its effect is always uncertain. It is impossible to change opinions arising from descent, education, religion, position, &c. ; two millions of men cannot be brought before a criminal court, but we must take things as they are, and hold fast to undeniable facts. Shall we destroy that which made the colonies great, destroy them to bring them to obedience ? On the contrary the Americans must be won to the constitution of the British empire. This does not require the reception of their deputies in the English House of Commons, but the recognition of their own constitutions and of the right of self-taxation. It is by no means impossible to find out a proper position to be occupied by the American constitutions with regard to that of Great Britain ; and the fear that in case of such a concession no more money would be granted by the Americans, appears, as England itself demon strates, wholly unfounded. But after all, the idea of drawing money from America to England is certainly preposterous. American taxes must be expended in America, and it must not be forgotten that the colonies are still of use, directly in com merce and indirectly in war." In the meantime New York, which it had been sought to gain over by a milder treatment than common, was striving after the same rights as the other states ; and the increasing distress, aris ing in great measure from the suppression of the fisheries, aug mented the hatred against England. The Americans, however, with great prudence and foresight, avoided the appearance of being the aggressors ; they wished to awaken sympathy for their righteous cause, and not by passionate errors to diminish the number of their friends. But when General Gage undertook to destroy their arms and ammunition, a skirmish took place at Lexington between the king's troops and the Americans : the first blood of citizens flowed on the 19th of April, 1775, the im mediate cause of war being the claim to impose a tax from which it was well known there could remain no surplus for England. The English relied upon their ascendency by land and sea, their wealth, military stores, and experience in warfare, upon their government directed from a single point, and the knowledge of the art of war possessed by their generals and admirals. The Americans took into the account the weakening effect of the distance between England and themselves, their more accurate * Belsham, vi. 74. Burke on Amer. Conciliation, 22d March, 1775. Works, iii. 23. Ramsay, i. 307. 50 FROM THE PEACE OF PARIS knowledge of their own country, and above all the righteousness of their good cause. The enthusiasm in favor of the war, not against the king but against the English ministry, was universal; and preachers, judges, public officers, the press, all labored unanimously for the same object. In a greater battle fought at Bunker Hill, near Boston, on the 17th of June, 1775, the Eng lish it is true gained the victory over the undisciplined American troops ; but they met with such an obstinate resistance, and suf fered so heavy a loss, that it furnished serious occasion to new councils and deliberations on both sides. On the 10th of May preceding this event, the congress had met a second time, and had drawn up vindicatory addresses to Great Britain, Ireland, and Jamaica, and also a suitable petition to the king. To this last no answer was vouchsafed, because the rebels made no offer of subjection, and had in view only to gain time. This rejection embittered even the moderate party, who, although aiming at the establishment and recognition of a free constitution, did not regard as desirable an entire dissolution of the connection with Great Britain. The motion of the Duke of Richmond on the 10th of Novem ber, 1775, that the representations of the congress to the king presented an opportunity for new negotiations and a settlement of differences, was rejected as before.* The old tories, the high church zealots, and the whigs, with whom the maxim of the omnipotence of Parliament outweighed all other considerations, stood united against the smaller number of those who were styled American democrats.! Five months later, on the 17th of March, 1776, Boston was taken by the Americans ; and a few weeks afterwards, almost all the governors had fled, and the royal authority had become loos ened to such an extent, that on the 7th of June, Richard Henry Lee, of Virginia, moved in congress to declare the independence of the North American states. A document was soon after drawn up by Thomas Jefferson, entitled the Declaration of Inde pendence, and submitted to the examination of a committee. It was then taken up by the congress ; and having, after an earnest debate, been altered in a few points, it was almost unanimously adopted^ on the 4lh day of July. It enumerates all the evils, oppressions, and wrongs, which the Americans considered themselves to have suffered from England and especially from the king and government, and declares the eternal and inalienable rights which God has erven to his creatures, namely life, liberty, and the pursuit of happiness. * Belsham, vi. 181, 204. t Dr. Johnson said : " The Americans are a race of convicts, and ou°ht to be thankful for any thing we allow them short of hanging." M'Gregor's America i. 30. % The only opponent was Mr. Dickinson. TO THE DECLARATION OF INDEPENDENCE. 51 " To secure these rights governments are instituted, which derive their just power from the consent of the governed. Where a government becomes destructive of these ends, the people have a right to alter or abolish it, and to institute a new government which may conduce to their safety and happiness. Prudence indeed dictates that governments long established should not be changed for light and transient causes ; and accordingly all ex perience has shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But where a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism,* and when a government pays no attention to their most earnest peti tions and well-grounded remonstrances, it becomes their duty to throw it off, and to provide new guards for their future security. We, therefore, the assembled representatives of the United States of America, appealing to the supreme Judge of the world for the rectitude of our intentions, do, in the name and by authority of the good people of these colonies, solemnly publish and declare, that they are and of right ought to be free and independent states, and that all allegiance and connection with the British crown is hereby totally dissolved. And for support of this decla ration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor." From that time to the present day, this American Declaration (like similar principles, measures, and declarations) has been contemplated and judged from wholly opposite points of view. The uncompromising adherents of the doctrine of divine rights and blind obedience, as well as the advocates of the right of every rebellion, solve with perfect ease all questions concerning po litical and social relations; for without ever closely inquiring into their origin, contents, the occasion that produced them, their management and success, they clap them upon the same last, and measure them with the same yard-stick. This seemingly absolute and infallible wisdom necessarily tends almost always to error and folly ; and all that is characteristic and life-like is destroyed, in order to enthrone in its stead the spectre of arbitrary rules as the only dispenser of happiness. This caput mortuum of soi-disant profound historical views, treats the thirty tyrants, the decemvirs and triumvirs, Gessler and Tell, Alba and William of Orania, Charles I. and Cromwell, James II. William III. and Louis XVI., Washington and Robespierre, the most stupid and impudent rebellion and the noblest stand against oppression, * The Declaration speaks most strongly against the king, because America yielded no recognition whatever to the right and might of Parliament. 52 FROM THE DECLARATION OF INDEPENDENCE in precisely the same manner, and seeks to exalt a few barren ideas above genuine enthusiasm and profound knowledge. Without entering upon a closer examination and refutation of this one-sided system than is here admissible, we return after these few hints to our historical narration, the course of which affords a sufficient illustration of these principles. CHAPTER V. FROM THE DECLARATION OF INDEPENDENCE (1776) TO THE BREAKING OUT OF THE WAR BETWEEN ENGLAND AND FRANCE (l778). Necessity of the War — Washington — Capture of Burgoyne — France and America — War between France and England. A righteous indignation at wrongs endured, and a noble enthusiasm in the cause of liberty and one's native land are, as a general rule, the most important conditions to success in great warlike undertakings ; but that these will not suffice without patience, obedience, and habits of discipline, was experienced by the Americans after a large body of English troops under Lord Howe had landed upon their coasts. Before, commencing hostili ties, he issued demands for submission and promises of pardon ; but in this the Americans saw only an artifice for sowing dis union among themselves, and they even printed and distributed these English proclamations, in order that the people might be con vinced that where rights ought to have been acknowledged and confirmed, all they were offered was — pardon ! The Americans, however, were obliged every where to retire before the English army, which was well commanded and inured to war ; they thus lost New York, Long Island, New Jersey, Rhode Island, and the whole country as far as the Delaware ; while in consequence of this misfortune, all order vanished from their ranks, many returned home at the expiration of their stipulated term of service, and whole hosts of inhabitants hastened over to the royal army to seek peace and protection. Congress alone remain ed active and firm in this most trying juncture of the American war of freedom, and delivered to General Washington, with pro vident sagacity and noble confidence, the supreme command of the army. He was empowered at his discretion to raise and dis- TO THE WAR BETWEEN ENGLAND AND FRANCE. 53 band troops, to inflict punishment, levy contributions, award com pensations, &c. That such a man as Washington was to be found, and that his worth was duly appreciated, were circum stances highly fortunate and highly meritorious. Without his personal influence and exertions, the American revolution could never have succeeded so admirably ; in fact none can succeed where the excited masses are destitute of wise and virtuous leaders. George Washington was born in Virginia, in the county of Westmoreland, on the 22d of February, 1732, sound and strong in body, cultivated in mind by industry but still more by his way of life, and distinguished as a leader in the war of 1756 to 1763. He had an intellect powerful but not dazzling. Even in the present day in America, happily for the country, merely brilliant qualities are by no means over-estimated, as is so often the case in France ; and rectitude, character, and virtue are never regarded as superfluous, unimportant accompaniments. Few men who have earned for themselves a celebrated name in the history of the world exhibit such a harmony, such a concordant symmetry of all the qualities calculated to render himself and others happy, as Washington ; and it has been very appropriately observed, that, like the master-pieces of ancient art, he must be the more admired in the aggregate, the more closely he is examined in detail. His soul was elevated above party-spirit, prejudice, self- interest, and paltry aims ; he acted according to the impulses of a noble heart and a sound understanding, strengthened by impartial observation. By calmly considering things in all their relations and from every point of view, he became master of them, and was able, even in situations of the greatest perplexity, to choose with certainty that which was best. To the greatest firmness he united the mildness and patience equally necessary in the then state of affairs ; to prudence and foresight he joined boldness at the right moment ; and the power entrusted to him he never abused by the slightest infraction of the laws. Although it is impossible that an American can ever again per form such services for his country as were then rendered by Wash ington, his noble, blameless, and spotless image will remain a model and a rallying-point to all, to encourage the good and to deter the bad. How petty do the common race of martial heroes appear in comparison with Washington! how insignificant espe cially Lord North, who, while internally wavering, strove after an appearance of decision, feebly pursued measures of violence, and awakened hatred without instilling fear! The formation of a new and more effective American army was promoted by the insubordination and plundering propensities of many of the English and German soldiery ; for as soon as the inhabitants perceived that submission could not ensure their 54 FROM THE DECLARATION OF INDEPENDENCE safety, they rushed to arms ; and country people who had thought but little of the right of taxation, or at least had not interested them selves in the matter, felt the wrongs which the plundering soldiery inflicted on them. Bold attacks were made by Washington on portions of the British army at Trenton and Princeton; in which he came off victorious, and raised the sunken courage of the Americans to such a pitch, that they encountered greater dangers with intrepidity. On the 11th of September, 1777, Washington was defeated at the river Brandywine by a superior English force ; on the 26th of September, the victors occupied Philadelphia; and on the 14th of September, General Burgoyne reached Saratoga with a strong army, on his march from Canada. The great and judicious plan of uniting the northern and southern portions of the English army, of completely hemming in New England, and of then reducing the less zealous colonies to subjection, seemed to have already succeeded; and there was scarcely an Englishman at that mo ment who doubted a speedy and happy termination to the war. But as the danger became more imminent, the activity and resolution of the Americans also increased ; and while Washing ton watched the southern divisions of the English, they kept col lecting in greater numbers to oppose Burgoyne's progress. The latter found the ways nowhere open; and while he was anxious ly awaiting the arrival of his countrymen from the south, they lost time in useless maraudings, and at length turned back when they had already traversed the greater part of the way. In the meantime Burgoyne's army became more closely surrounded, his retreat was blocked up, his stock of provisions exhausted, and there remained no hope of winning a battle against his far more numerous and well posted enemies. Burgoyne was thus com pelled, on the 16th of October, 1777, to surrender, at Saratoga, him self and his army to General Gates ;* on condition that all should be allowed a free retreat to England, and promising that they would not again serve against America during the war. The Americans took 5,790 prisoners, 35 pieces of cannon, 4,687 muskets, and many other munitions of war, which were of great use to them. This great and unlooked for event decided, if not the fate of America, at least the views of the European powers, especially France, concerning the revolt of the colonies. With respect to this, it has been said time and again, " the cabinet of Versailles displayed profound policy and unwonted skill. Nay, it can be affirmed that the French government has never, and on no impor tant occasion, exhibited so much sagacity and firmness."! * Gates was for a while opposed to and even exalted above Washington by a party. The former, however, was presumptuous, irresolute, and altogether of a mean disposition. — Life of Hamilton, i. 124, 127. t Marten, Causes Celebres, i. 498. TO THE WAR BETWEEN ENGLAND AND FRANCE. 55 What we are to think of these praises, is shown in the print ed correspondence of the American envoys and the unprint- ed correspondence of the English ambassador at Paris, Lord Stormont.* It deserves to be communicated in this place some what at length, since it gives very instructive disclosures respect ing the views of the English, the Americans, and the French. On the 7th of September, 1774, Lord Stormont writes from Paris : " I will not trouble you with the particulars of the rea sonings of our philosophers, wits, and coffee-house politicians here ; who all, without exception, are zealous Americans, and affect to regard them as a brave people, fighting for their natural rights, and struggling to wrest them from the hands of haughty and passionate masters. Their favorite argument is, that since the Americans are not. represented in our Parliament, they ought not to render obedience to our laws. This argument they turn about on all sides, and amuse themselves with empty, vague, and general theories, the usual cloak under which men of parts conceal their ignorance. They speak in a way that must surprise every body who is not as well acquainted with this country as your lordship, who knows with what self-conceit the French talk of what they know least about, and how they make up in petulance what they lack in knowledge. Then too there are people here of quite a different stamp, who indeed grant, in gene ral terms, that our right is very clear ; but who think, or pretend to think, that it would be better for us to lay it aside and assent to the claims of the Americans, unfounded as they are, rather than bring on an open quarrel in which we must be the losers at last. These say, that by virtue of the natural and inevitable course of human affairs, in the extraordinary increase of the population, power, and trade of North America, a time must arrive when the struggle for independence in all our colonies must become gene ral. Impelled by this spirit and conscious of their own superior power, they would cast off all dependence on the mother-coun try, and form an immense kingdom of their own. This event, it is said, no human prudence can avert ; and by the greatest wisdom that which cannot be healed can only be hidden or postponed for a season at the most." At that time the French ministers said nothing at all respecting American affairs, and even a year later (20th September, 1775) Lord Stormont writes : " The whole tenor of the speeches of M. de Vergennes (and he spoke on this occasion often and decided ly) convinces me that the French will grant no aid to the Ameri can rebels with the consent of the government." Yet M. de Vergennes had already, on the 7th of August, 1775, written the following to Count de Guines, to be communicated to the Ameri- • Raumer's Beitrage, v. 209-264. 56 FROM THE DECLARATION OF INDEPENDENCE cans : " We admire the greatness and nobleness of the American exertions, and have no interest in injuring them. On the con trary, we would see with pleasure the time when fortunate circumstances should put it in their power to visit our ports, where the facilities afforded them with respect to their trade would evince the esteem which we cherish for them." These sentiments hardly remained a secret; nor did the out ward show of non-compliance prevent either the ardent friends of the Americans or interested merchants from entering with them into a variety of connexions, which the French govern ment — in accordance with the above — did not feel itself called upon to prevent by force. Yet the important question respecting lawful and illicit trade could even now not be wholly avoided. To English remonstrances, M. de Vergennes replied : " It is not allowed to export powder and munitions of war without per mission from the government, which will not be granted. The governors of the French islands shall be ordered anew to afford no sort of assistance to the Americans." After the actual outbreak of the American war, the state of things became of course still more involved, and apprehensions respecting the mutual positions of France and England still greater. Of this Lord Stormont, on the 13th of October, 1775, gives the following remarkable account : " M. de Vergennes said to me, ' We wish to live in perfect harmony with you, and are far from meditating any thing that could add to the embarrass ments of your present critical condition.' He used the words, ' Far from wishing to add to your embarrassments, we regard them with some uneasiness (avec guelque peine). What is now hap pening to you in America is nobody's business (n'est de la con- venance de personne). I think,' he continued, ' that I perceive the consequences that must ensue, if your colonies should ever gain the independence they seek for. They would at once set about building fleets ; and as all possible advantages for ship-building are at their command, they would soon do more than resist the united naval force of Europe. With such a superiority, con nected with all the advantages of position, they would be in a state to take both our islands and your own. Nay, I am satis fied they would not stop here, but in the course of time would advance to South America, subdue or drive out the inhabitants, and at length would leave no European power a foot-breadth of land in that quarter of the world. All these results indeed will not ensue immediately ; neither you, my lord, nor I will live to see them ; but they are none the lesls certain because they are remote. A short-sighted policy may rejoice in a rival's distress, without a thought beyond the present hour ; but he who sees further and weighs the consequences, must regard what is be- TO THE WAR BETWEEN ENGLAND AND FRANCE. 57 falling you in America as a misfortune in which every people that has possessions there bears its share ; — and in this light, I assure you, I have always viewed the matter.' " Maurepas said to me : ' We are not the people to take an undue advantage of circumstances and fish in troubled waters. Our wish and intention is to live with you in peace and friendship, and to regulate the affairs of our own country as well as we can.' " About the time of the Declaration of Independence (July, 1776) Mr. Silas Deane arrived in Paris as the secret plenipoten tiary of the United States, and received from M. Vergennes the reply : " We cannot openly support the Americans, but will lay no obstruction in the way of their plans for making purchases."* About the same time Lord Stormont wrote : " Even on the sup position most favorable to us, that the preparations of France are founded merely on prudence and are intended for self-defence, the apparatus at any rate is put in readiness ; and even should it not be used as long as Maurepas lives, it will be directed against us the instant it falls into rash hands. I can pass no de cisive judgment on the present views and intentions of the French court. When I see their preparations, I think every thing is to be feared. When, on the contrary, I observe the state of the country and of parties in the court, the discontent in the army, the vacillation in their decrees, the exigencies of their finance, the character of the king (who does not possess the spirit of enter prise and thirst for glory from which a fondness for war proceeds), I cannot bring myself to believe that such hostile plans against us really exist as these preparations indicate. Yet there are men of consequence here, who, as I know, cherish hostile sentiments towards us, and who have often declared to their friends, that if they were in the ministry, they would amuse Great Britain with all possible promises of friendship, and then, when she least expected it, would fall on her in order to retrieve the losses of the last war and to revenge the manner in which it was begun. But none of these men are in favor, and as long as Maurepas's influ ence lasts, they will not come into play." Already, before this account of Stormont's, M. de Vergennes had written, on the 10th of June, 1776, to the minister Clugny : " It seems to me that our political and commercial interests require us to treat the Americans favorably in our ports. Should they succeed in establishing the freedom of their trade, they will have already become habituated to dealing with our merchants; should they be defeated, they will at any rate have carried on for some time an exchange of commodities evidently advantageous to us. I think, therefore, we must show the greatest favor to the American ships." * Diplomatic Correspondence, edited by Sparks, Vol. i. p. 13. 58 FROM THE DECLARATION OF INDEPENDENCE Looking anxiously into the future, M. de Vergennes read, on the 31st of August, 1776, in the presence of the king and of the other ministers, a memorial in which he carefully examined and weighed the reasons for and against war. The decision he left to the king's wisdom, but laid by far the greater stress on the reasons for war. These reasons in favor of war obtained a two fold weight, when the new minister of finance, Necker (who, as Lord Stormont very justly remarked, saw every thing in the fair est, but on that very account in the most erroneous light), gave in a brilliant account of the state of the French finances ; and when Benjamin Franklin, in December, 1776, came to Paris, to assist Deane in his labors. Franklin's cheerfulness, simplicity, and sound sense, together with his great knowledge, insured him applause and influence. Yet it has been remarked that he some times showed himself cautious, cunning, and even avaricious ; or that at any rate he sank in comparison with the spotiessly pure and noble character of Washington.* To Franklin's propositi6ns the ministers gave the following verbal reply : " As the king is determined to direct his attention to the restoration of the finances and the improvement of the internal administration of his kingdom in all its different branches, he cannot think of embarking in a war. He is inclined to listen to the proposals of the colonies, and to promote their views, as soon as they have given more consistency and stability to their assumed independence ; but at the present moment, the king (unless England, contrary to all expectation, should declare war) can merely grant protection and a refuge to those persons who may resort to his country. Moreover, he is resolved not to take part in any way in the present quarrel, but to observe the strictest neutrality."! These words receive their explanation from what took place. Numberless Frenchmen applied to Deane, to be taken into the American service ;\ Lafayette sailed over, full of youthful enthu siasm and hindered only in appearance, to the land of new blooming freedom ; Beaumarchais provided warlike stores of various kinds ; and in March, Deane mentions, not without aston ishment, that while cannons, muskets, and other munitions of war had been supplied from the king's magazines to be trans ported to America, the French minister conducted himself towards the American plenipotentiaries as if he knew nolhing about it.§ He did every thing possible to keep the English min ister quiet, and publicly prohibited what he privately allowed. * Morellet, i. 290. Grahame's United States, iii. 426. t Stormont's Report of January 1, 1777. X Diplomatic Correspondence, i. 71, 93. \ Diplomatic Correspondence, p. 271. TO THE WAR BETWEEN ENGLAND AND FRANCE. 59 Thus passed the greater part of the year 1777, in mutual accu sations, excuses, half measures, diplomatic artifices, and untruths, which it would require too much space to relate in detail. It will suffice tg communicate some interesting and instructive pas sages from Lord Stormont's reports. He thus writes, on the 13th of August, 1777 : " M. de Vergennes said to me, ' The pre dilection for Americans in France is truly a very great and serious evil. Do not suppose that it arises from love to America or hatred against England ; Us root lies much deeper, and can easily escape the notice of a superficial observer, but it deserves our greatest and most serious attention! Although M. de Ver gennes did not explain himself further, it was easy to see that he alluded to the licentious spirit that reigns in France, and is doubtless a chief cause of the enthusiastic delirium in favor of the Americans. " I said to M. de Vergennes, that for my part I had long per ceived the secret cause and public direction of this partiality. ' I assure you,' answered Vergennes, ' the king also perceives it. He made the same remark to me a few days ago ; and I replied that it was of consequence by every proper means to restrain and counter act a spirit of whose nature he had formed so correct a judgment.' " ' I protest by God,' said Vergennes, ' that if you had orders to tender us Jamaica to-morrow, I would vote for rejecting the offer. What should we do with the island ? we have more land than we want; our object must be to support our colonies, and improve their cultivation ; they are large enough already. Too great colonies are a great evil, and what is now happening to you fur nishes a terrible example. Believe me, we have no plans of con quest whatever. Our object is and ought to be, to improve what we possess, to secure the blessings of peace, and to give perma nence to our happiness, which is never lessened by your welfare. It is a false, narrow, nay, impious policy, ivhich desires to build up the greatness of one people on the distress and destruction of another. Viewed in a higher light, all are links of one and the same chain ; and as the happiness and prosperity of individuals increase the happiness and prosperity of the state to which they belong, so the happiness of one people augments in a thousand ways the happiness of another. This is an evident truth which all men of plain good sense can perceive, when their sight is not obscured by national prejudices, national hate, and lamentable passions, which are so ready at hand to mingle in the affairs of mankind.' — I told him in reply how heartily I desired that the conduct of the French court would always be as much in accord ance with it, as I was convinced our own would be." Vergennes here certainly enounced in a laudable manner prin ciples which are at once the simplest and the loftiest of all politi- 60 FROM THE DECLARATION OF INDEPENDENCE cal wisdom ; but which a foolish and sinful blindness has but too often caused both conquerors and nations to mistake and to transgress. At that time, too, men could not or would not prac tise them in their purity. In France louder and more numerous voices constantly asserted, that so favorable an opportunity for weakening England must not be suffered to pass unimproved ; while Lord Stormont insisted more and more decidedly that France must keep true peace with England and leave the Ameri cans to themselves, or henceforward support them and thereby force on a war. " The behavior of the French ministers," writes the ambas sador on the 19th November, 1777, " is now so constantly the same, that it is necessary to suppose they have a fixed, decided plan, viz. : to do us secretly as much harm as possible, and to con ceal these ill designs by the strongest assurances of friendship and the greatest apparent attention to our complaints." It is true Maurepas repeated several times, " There exists no ground of dispute, no reason for a war, and France will cer tainly not make a beginning." But after the news of the capture of General Burgoyne had reached Paris, Lord Stormont wrote (28th December, 1777) : " The general inclination of the people is more strongly expressed for war than I can ever recollect ; and M. de Maurepas must certainly give way to the current, as so many timid ministers before him have done, who have failed in energetic measures out of mere weakness and indecision. In one word, I now regard the whole French cabinet as inimically disposed towards us, only with different degrees of violence and activity, according to the measure of their different dispositions, characters, and designs." Lord Stormont was not mistaken. On the 6th February, 1778, a treaty of commerce was concluded between France and Ame rica, which premised the latter's independence ; and on the same day a treaty of friendly and defensive alliance was signed, which promised to mutually maintain this independence against Eng land's opposition, and forbade the concluding of a separate peace. On the day when the Count de Noailles produced this treaty in Lon don (13th March, 1778), commands were issued to Lord Stormont to quit Paris without taking leave. War had been decided on. At that time the majority regarded the assistance of France as absolutely necessary to the liberation of America ; but now this may well be doubted. A separation from the mother-country and an acknowledgment that they had attained their majority, would certainly have been extorted by the colonies at last, with out foreign assistance. If they were ever so inclined, it was impossible for the French to sever all connection with America ; and besides it would have been to them a serious injury. This TO THE WAR BETWEEN ENGLAND AND FRANCE. 61 connection, however, in opposition to the demands of England, necessarily gave rise to numerous disputes ; and that the alliance they had entered into must certainly lead to war, the French ministry were fully convinced. Although we will not strongly denounce the equivocation, artifices, and subterfuges so often revealed in the history of diplo matic negotiations, and of which France was doubtless guilty on this occasion, as being in a manner established by custom and to be expected also from her opponent, — yet we must not leave unnoticed a censure pronounced from another quarter with great earnestness and weight. " The principle," it has been said, " of true, eternal right, according to which every disobedience to authority is prohibited by laws both human and divine, should alone have been permitted to decide. France was the first to sanction the principle, that subjects who are discontented with their government, or have reason to complain of it, may re nounce their allegiance and revolt." In this conclusion there certainly reigns the spirit of the school ; that is to say, all is exhibited in a connected, consistent, absolute manner ; but to this abstraction (as I remarked before at the end of the preceding chapter) it is necessary there should be added contemplation and critical examination of the living and the multifarious. In fact human and divine laws equally forbid the tyranny of govern ments and of popular rebellions ; and the school or schools which are always complaining and striving against the one, while they disregard, and through passion or wilfulness remain ignorant of the other, have scarcely apprehended one half of the truth. Furthermore, it is historically erroneous to say that France then first gave the example of strengthening or sanctioning a vicious principle. From the assistance with which Athens fur nished the Greek colonies in Asia Minor against the Persians, down to the recognition of the independence of Texas, examples are found in history of similar proceedings ; and France and England in particular had already acted in a like manner with respect to the United Netherlands. CHAPTER VI. FROM THE BREAKING OUT OF THE WAR BETWEEN FRANCE AND ENGLAND (1778) TO THE PEACE OF VERSAILLES (1783)- Views in England— Chatham's Death— Disasters of the Americans— Paper Money "" — Rochambeau, Arnold, Andre' — Capture of Comwallis — Treaties of Peace- Results. After the disaster at Saratoga, the attacks of the opposition against the government in England became constantly louder, although they were by no means agreed among themselves. Thus one party, with Chatham at its head, wished to treat the Americans justly and put them on a level with themselves, but not to recognise their independence ; while the second party, led by Rockingham, declared that this independence must be recognised, and that they must content themselves with an ad vantageous treaty of commerce. For, said they, North America can no more be conquered again, than Normandy or Brittany ; and in no other way is it possible to make a good stand against France, who is certainly about to begin the war. A plan of reconciliation, which ministers did not propose until France had joined America, was then of course rejected, as it did not include independence. When the Duke of Richmond, on the 7th of April, 1778, declared himself strongly in favor of this recognition, Chatham (who had long been prevented by illness from attending Parliament) determined to make an impres sive effort for retaining that quarter of the world which the force of his genius and character had won in the seven years' war. He was dressed in a suit of black velvet, and had to be support ed to his seat by his son William Pitt and his son-in-law Vis count Mahon. All the lords rose out of respect, and greeted him as the first and noblest of English statesmen. With the greatest earnestness and eloquence he laid before them his views and convictions. His strength and voice then left him ; he fell back, and expired on the 11th of May, in the 70th year of his age. The interest awakened by this event was universal ; and bitter was the recollection, on comparing the glory ^nd greatness of Great Britain in the time of his administration with its present deplorable condition.* He was buried at the public expense, and a monument was erected to him in Westminster Abbey ; * Belsham, vi. 365. FROM 1778 TO THE PEACE OF VERSAILLES. 63 moreover, the debts of this disinterested public servant were paid, and a yearly income affixed to the earldom of Chatham. In America, in the meanwhile, the. war was carried on not only against the English, but also amid greater sufferings against the Indians, who for the most part were connected with them. The English shifted the seat of war to the southern states ; ob tained possession of Georgia and Carolina ; and, under the com mand of Lord Comwallis, defeated near Camden, on the 16th of August, 1780, the weaker American army under General Gates. This again inspired the British ministry with the falla cious hope of speedily reducing all the colonies to obedience. Lord Comwallis, too, losing sight of moderation and prudence, ordered that all the inhabitants who had supported the Ameri cans should be punished in the severest manner. And in fact many were banished from the country, their property confiscated, their slaves stirred up against them, and even several of them hanged. By measures such as these the steadfastness of the better sort was confirmed ; the timid were forced to be coura geous ; and the bravery even of the women was excited to such a pitch, that they encouraged their husbands to resistance and dared the greatest dangers. At the moment when the Americans succeeded by redoubled exertions in arresting the progress of the English, they found themselves afflicted with a new misfortune. Immediately on the breaking out of the revolution, those at the head of American affairs perceived that it was not to be carried through without money. But since there was none on hand, and none was to be obtained from mines and commerce, or to be raised by taxes, it was concluded to issue paper-money, to be redeemed at certain intervals in gold and silver, and which at first (in the general enthusiasm and good understanding of the people) every one received willingly and at par. But now, when the war had been protracted beyond expectation, and when, as the promised times of redemption came round, the distress was becoming more and more pressing, and the issues of paper-money kept constantiy increasing, its full value could of course no longer be maintained. The evil was augmented by excessive credits, by ignorance and error with respect to money and exchanges, by- fraudulent counterfeits of the paper-money, and by its being made in the several states. It gradually became so depreciated in value, that 40, and even from 85 to 110 dollars of currency were given for one silver dollar.* All propositions to pay interest on the paper-money, to reduce it within certain bounds, or to do away with it altogether, failed of accomplishment ; partly from want of means, and partly because the proposed amendments were * Polit. Journal, 1781, pp. 102, 169. Gallatin on Currency, p. 26. 64 FROM THE BREAKING OUT OF THE WAR crude and unsatisfactory in themselves.* Just complaints were every where made respecting the rise of prices, the loss of pro perty, and frauds and disputes betwixt creditors and debtors. In this state of embarrassment, Congress came to the erroneous and impracticable conclusion, that the price of labor, of produce, and of merchandize, might be fixed by compulsory laws, or that every one might be prevented from demanding or receiving more paper-money than hard money. Of as little use was the sale of public lands ; since long credits usually had to be given, and the paper-money kept sinking in the meanwhile. Unhappily these mistakes and distresses led to carelessness in the fulfilment of engagements ; to an habitual disregard of justice, which became almost a law ; and to a lack of truth, honor, and good faith in trade and intercourse ; — evils which, even in the judgment of Americans, could not be rooted out in many years. No one was at that time brought into greater embarrassment by this state of things than Washington. With paper-money the troops could no longer be paid; and to purchase any thing with it was still more difficult, since bad harvests and the inter ruptions to agriculture had produced a dearth of provisions, which, in spite of all orders to the contrary, were sold in prefer ence to the cash-paying English. Washington sought by firm ness, patience, and mildness, to diminish as far as possible these great evils ; and when a committee of Congress, entrusted with full powers, on coming to the camp confirmed the complaints of the commander-in-chief, and represented in the most forcible manner the want and hardships they endured, many (and in particular the city of Philadelphia) undertook to ^advance mo ney ; and arrangements were made to provide supplies, as also to raise a stronger body of militia, and to increase the army more rapidly. The courage of the Americans rose still higher when, on the 10th of July, 1780, 6,000 French troops under Rochambeau were landed in Rhode Island, and the French government showed its willingness also to make advances of money.! But the hope of soon effecting any thing of consequence was frustrated in a great measure by the proceedings of the English ; who, by means of their naval superiority, shut up both army and fleet in that state, and compelled the Admiral Count de Guise to return to France. It was almost wholly owing to a fortunate accident that the Americans escaped another great disaster. General Arnold, who had hitherto fought on their behalf with ability and courage, determined to deliver West Point on the Hudson (an American * Life of Hamilton, i. 244. f Between 1778 and 1782, France loaned 18,000,000 of livres at 5 per cent interest and became joint surety for a loan in Holland^-iaws of the United States, i. 100 TO THE PEACE OF VERSAILLES. 65 Gibraltar of the utmost importance), with all its stores, into the hands of the English. At first he had fought under full convic tion against his country's oppressors ; but he considered that, in consequence of their defection from England, the wrong was now on the side of the Americans, and that this authorized him to go over to the royalists. Others denied the validity of these excuses, and maintained that his caprices, embezzlements, extra vagance, and debts had brought him into such a state of em barrassment, that he adopted this desperate resolution in order to save himself. Invitations to the soldiers to follow his example were without effect. An English major named Andre — an excel lent, talented, amiable man, who conducted the negotiations with Arnold — fell with his papers into the hands of the Americans. Arnold fled, and the treason was now easily frustrated. Andre, however, notwithstanding all the intercessions of the English-in his behalf, was hanged as a spy, on the 2d October, 1780. By some this act was justified, and by others condemned; all however mourned the stern decree which put an end to so valuable a life. This is not the place to recount the hardships and varying chances of the American war. On the 19th of October, Lord Comwallis, with 7,000 men (of whom, however, only 3,800 were capable of bearing arms), was forced to surrender at Yorktown to Washington and Rochambeau. This most important victory, which caused the greatest joy throughout all North America, put an end to the southern campaign, and almost to the war itself. It was only against the United States, where the English were in the wrong, that they suffered disasters of every kind. Against the French, Spaniards, and Dutch, who enviously and selfishly hoped to utterly overthrow or at least to plunder that noble king dom, they defended themselves heroically, and gained glorious victories. They were also able to maintain against the armed neutrality of the northern powers (which originated less in a love of freedom than in intrigues and underhand designs) those prin ciples without which their naval superiority would have been ren dered of no avail. The capture of Lord Comwallis, the total defeat of the French fleet near Guadaloupe (12th April, 1782, Rodney against De Grasse), and the abortive attempt of the Spaniards against Gibral tar, created in all the belligerent parties a desire for peace. As early as the 27th of February, 1782, General Conway's motion in Parliament against the American war was carried by a majority of 19 votes ; sixteen years before, he had moved the repeal of the Stamp Act. On the 19th March, 1782, the ministry resigned ; and Rockingham, Cavendish, Shelburne, Camden, Fox, and others took their seats. The preliminaries of the peace concluded with America on 66 FROM 1778 TO THE PEACE OF VERSAILLES. the 30th of November, 1782, without the participation of France, acknowledged the independence of the United States; and thus by far the most important point was settled. The treaties of peace of the 3d September, 1783, and the 20th May, 1784, between England, France, America, Spain, and the Netherlands, contained many minor provisions ; and indeed, as the belligerent powers restored to each other the conquests they had respectively made, the results of those great exertions appear insignificant enough. Among them, however, were the following : 1. France received Tobago and Senegal, in exchange for Gambia and Fort James. She obtained a greater share in the fisheries of Newfound land, and took possession of the neighboring islands of St. Pierre and Miguelon. 2. Spain retained Minorca, the Floridas, and that portion of the Mississippi valley not belonging to the Americans. 3. Holland ceded Negapatam, and permitted the English to navi gate all the Indian seas.* No one at that time doubted that England had suffered an irreparable loss in being deprived of her colonies, and that she was approaching her downfall. Only two men were found to combat these sad forebodings on the one hand, and impious hopes on the other : these were Adam Smith, who was then but little read and understood, and Dean Tucker, who was regarded as a visionary and enthusiast.! France rejoiced at her presumed increase of power in consequence of England's weakness, and forgot the admonitions of Vergennes concerning the principles of an elevated line of policy. Her finances were in a disordered condition ; and after the experience of the Americans, gradual progress and improvement no longer satisfied any one. When Tippoo Saib, in September, 1791, sought assistance from Louis XVI., the latter observed, " This recalls to mind America, on which I never think without regret. My youth was then in a manner abus ed ; we are now suffering for it, and that lesson is too severe to be forgotten. "J There is, however, no greater historical error than to compare the French and American revolutions in respect to origin, progress, events, and issue ; and no greater historical injust ice, than to set up the latter as a pattern or a warning to present and future ages, and pay no attention whatever to the greater American development. That this development, however, even after the conclusion of the happy peace, had to contend with many impediments, which nothing but the greatest wisdom and moderation could have overcome, is not in the slightest degree doubted by any well in formed person. * Flassan, vii. 353. t Genz, Histor. Jouraal,1800, ii. 8. $ Me'm. de Moleville, vi. 225. CHAPTER VII. FROM THE PEACE OF VERSAILLES (1783) TO THE ADOPTION OF THE NEW CONSTITUTION (1789). Loyalists — Consequences of the War — The Army — Washington's Departure — First Constitution of 1778 — New Constitution — Washington President. Great and universal as had been the activity and enthusiasm of the inhabitants of North America on behalf of the independ ence of their native land, there were still a considerable number who held it to be in accordance with their rights, their duty, and perhaps their interest, to oppose what seemed to them a detest able rebellion against the mother-country. These persons, de signated by the name of loyalists, suffered greatly even during the war, and at its close they found themselves still more distressed and even maltreated. The English ministers were violently reproached in parliament for not having takenmore care of these faithful subjects ; which, however, in opposition to the will and power of thirteen nearly independent states, would certainly have been attended with the greatest difficulties. Many loyalists emi grated, not without sacrifices of property, to British America (to Canada, Nova Scotia, the Bahama islands, &c), where they gradually received indemnification and assistance from the mother-country to a large amount* On the victors too the war had been productive of the most various effects. They found opportunities to develope great talents and virtues, to diminish in seasons of distress the jea lousies of the individual states, and to compose the vehement disputes between the religious sects. They acquired a more exact knowledge of their native country, pursued at least those branches of science that had reference to war (as e. g. that of medicine), and learned to think more correctly and to write bet ter on public affairs. But, on the other hand, there also remained the evil consequences of every war, and especially of a civil war ; and it cost much labor to root out the scandalous principles and practices that had sprung up during the revolution. One of the greatest and most pressing difficulties was occa sioned by the army. The government was not in a condition to do any thing of consequence for the troops, or even to disburse the arrears of their pay. This caused great discontent ; and the * Sinclair (ii. 97) says 3J million pounds.— Belsham, vii. 364. 68 FROM THE PEACE OF VERSAILLES more violent even devised a plan for compelling the Congretes in Philadelphia to accede to their wishes. The wisdom and authority of Washington averted also this threatening danger. By an impressive speech he brought the leaders back to their senses, and rejected with abhorrence the thought that he, the liberator of his country, should become its tyrant or even its ruler. His taking leave of the army, on the 4th of December, 1783, was affecting in the extreme. He drank all their healths for the last time, and wished that their latter days might be as happy as their former ones had been glorious and honorable. He then crossed the North river in a boat, waved his hat once more in the distance, and vanished from their eyes. The greatest part of the army also returned by degrees to their old employments ; but the officers, wishing to remain together in a community of their own, formed the so-called Cincinnatus Society, upon which they proposed to confer permanence and dignity by the admission both of natives and foreigners. This plan, however, met with so much opposition, as an anti- republican order and on account of its aristocratic tendency, that Washington himself had to labor for its dissolution. Jefferson also, whom Washington consulted, opposed it on just grounds.* Washington wrote to the governors of each of the states, and pointed out to them with all the force of truth and eloquence the necessity of being united, upright, and obedient, and of acting in conformity with the principles which the new state of things imperatively demanded. To Congress he rendered an exact account of his disbursement of the public money; and at a secret session, on the 23d of December, 1783, he resigned his office into their hands. The president replied to his speech with respect, dignity, and gratitude. Washington, the founder of the great American republic, now joyfully repaired to his country-seat, Mount Vernon ; devoted himself to agriculture, the improvement of his neighborhood, and his friends ; and proved in an affecting and exalted manner that the fame which had been won by the sword, without crimes and ambition, could also be maintained in private life without power or outward pomp. Happier than Timoleon and Brutus, no dark shadows of memory flitted across the cheerful serenity of his existence. The tasks imposed on Congress were many and too difficult, as e. g. the adjustment of the relations with foreign countries and the piratical states of Africa, the regulation of trade, which had been interrupted and was carried on partly at a loss, and above all, the settlement of the finances and the public debt. Not the Union only, but each individual state, had contracted large debts ; while nothing satisfactory had been done for discharging them or * Rayner's Life of Jefferson, p. 207. Tucker, i. 171. TO THE NEW CONSTITUTION. 69 even paying the interest, or for regulating the paper-money. And now, when the people saw that the peace by no means ended all their sufferings, they became turbulent ; and this, in some parts of the country, as for instance in Massachusetts and New Hampshire, resulted in lamentable commotions. All able and clear-sighted men came gradually to the conviction, that a principal cause of these evils and sufferings lay in the constitution of the Union, in the Act of Confederation of the 9th of July, 1778. With regard to this John Adams wrote : " If the union of the states be not preserved, and even their unity in many great points, instead of being the happiest people under the sun, I do not know but we may be the most miserable." And Washing ton said to Jefferson : " I would willingly assist in averting the contemptible figure which the American communities are about to make in the annals of mankind, with their separate, independ ent, jealous state sovereignties."* Each state (as we shall show more particularly in the sequel) had in general a governor and two legislative chambers, who but too often thought only of themselves and their immediate vici nity, and regarded as a loss all that an individual state sacrificed to the whole. Consequently there was every where a want of order, harmony, and union : so many states, — so many systems of finance or attempts at regulating taxes, duties, and trade, — and all opposed to one another, and rendering any judicious management of the whole impossible. The imperfect federal constitution never fulfilled us objects ; the independence which had been won by union threatened to turn into dissension, and the confederation to fall powerless to pieces. The new dan gers of peace were as great as the former ones of war; and besides bravery, there was now needed above all justice and moderation. The federal constitution of 1778 declares that all the colonies shall form a federal republic, in which each state shall retain all those rights, laws, jurisdictions, regulations, &c, which are not expressly altered or delegated to the Congress of all the states. They shall defend themselves in common against every power, and establish between themselves freedom of intercourse and of settlement. Each state shall send from two to seven delegates to Congress ; where, however, it shall have but one vote, thus giving thirteen votes to the thirteen states. As a general rule, the majority of votes shall determine ; but nine votes are requi site to decide with respect to declaring war, making peace, form ing treaties, raising land or sea forces, regulating income and expenditure, &c. All expenses for the general welfare shall be * Sparks's Diplom. Correspondence, vii. 100. Encyclop. Americana, art. Wash ington. 70 FROM THE PEACE OF VERSAILLES defrayed out of a common treasury, which shall be supplied by the several states in proportion to the value of the lands and other real estate within each state. Disputes between states shall be decided by Congress according to certain specific regulations.' When Congress is not assembled, the general affairs shall be managed by a committee of thirteen delegates, one from each state. The above are the most important provisions, omitting many other points of less consequence. This constitution, with only one chamber, absurdly conferred as many rights on the smallest as on the largest states ; placed no checks on partial tendencies and hasty counsels ; and lastly, gave no power to execute the treaties that might be formed, to collect the taxes that might be levied, to regulate trade and customs, to found public credit, to pay debts, &c. Those estimable men, Hamilton, Madison, and Jay, who wrote the series of papers called the Federalist, and who essen tially contributed to the formation and adoption of the new Con stitution, say, in speaking of the then state of affairs : " It may with propriety be asserted that the United States have reached the lowest stage of national humiliation. All that can wound the pride or degrade the character of a people, we have experi enced. Engagements, to the performance of which we are held by every tie respectable among men, are constantly violated without shame. We have contracted debts to foreigners and to our own citizens, for the preservation of our political existence ; and yet no provision has been made for their discharge. A foreign power (England) retains in its possession valuable terri tories and important posts, to the prejudice of our rights and interests, and contrary to express stipulations. We, however, are not in a condition to resent or to repel these aggressions ; for we have neither troops, treasury, nor government," &c— After depicting thus at length the lamentable state of the country, the writer concludes with these words : " In short, what indication is there of national disorder, poverty, and insignificance, that could befall a community so peculiarly blessed with natural advantages as we are, which does not form a part of the dark catalogue of our public misfortunes ?"* The condition of things is described in a perfectly similar strain by President Adams, in his inaugural address : " Negligence of the regulations of Congress, inattention to its recommendations, if not disobedi ence to its authority, not only in individuals but in states, soon appeared with their melancholy consequences : universal languor; jealousies and rivalries of states ; decline of navigation and com merce ; discouragement of necessary manufactures ; universal fall in the value of lands and their produce ; contempt of public * Federalist, No. XV., Alexander Hamilton. TO THE NEW CONSTITUTION. 71 and private faith ; loss of consideration and credit with foreign nations ; and at length discontents, animosities, combinations, partial conventions, and insurrections, threatening some great national calamity."* The extent and magnitude of this evil were such that it could neither be mistaken nor denied ; and the impossibility of longer pursuing the erroneous path hitherto trodden, created additional confidence in the noble men who wished to give to their coun try a new and more suitable constitution. Washington was placed at their head ; and the services which he rendered in this difficult task, by his mildness, prudence, moderation, firm ness, and wisdom, were by no means inferior to his former warlike exploits. Indeed the American statesmen of that period have raised to themselves in the new Constitution, adopted March, 1787, a monument of imperishable renown. This Con stitution has endured and stood its ground through circumstances the most varied, perplexing, and dangerous, and has wonderfully aided and prospered a great people in its rapid development ; while numberless other constitutions, projected in empty pride, have perished after a brief existence, hurling with them the mis taken nations and statesmen to destruction. Washington was unanimously chosen president of the new and renovated republic. His journey from Mount Vernon to Philadelphia was an unbroken triumphal procession, prepared for him not by vanity, compulsion, or fear, but by sincere grati tude, profound respect, and ardent love. This second founding of the state, this call to the head of a people recent in origin but sensible of true greatness, the modest and unsurpassed merit of Washington, and his solemn oath to support and maintain the Constitution, form one of the brightest and most truly delightful pictures in modern history. " The propitious smiles of heaven," said Washington in his inaugural address, " can never be expected on a nation that disregards the eternal rules of order and right which Heaven itself has ordained." To this, Ramsay, the worthy historian of those times, adds : " The most enlarged happiness of one people by no means requires the degradation or destruction of another. There can be no political happiness without liberty ; there can be no liberty without morality ; and there can be no morality without religion."! # Messages of the Presidents, p. 66. For similar complaints on the part of Ran dolph, see the Madison Papers, ii. 730. f Ramsay, iii. 383. CHAPTER VIII. THE NEW CONSTITUTION OF 1787. Representatives and Senators— Rights of Congress— The President— The Judicial Power — General Regulations. Although the Constitution of the United States of America, of the year 1787, is a well known document, it is requisite that I should here state the essence of what it contains, in order to render my subsequent observations concerning it more intel ligible. The legislative power is vested in two chambers or houses, the Senate and the House of Representatives. The representatives for Congress are chosen by the several states every second year. The electors must possess the quali fications established by each state for electors of the most nume rous branch of the state legislature. Every representative must be at least twenty-five years of age, seven years a citizen of the United States, and an inhabitant of the state for which he is chosen. On the other hand, no proof of a given amount of pro perty or of a particular religious creed is required. The repre sentatives are elected by districts according to the population (at first one for every 30,000, at present one for every 70,680) ; and this population is determined by adding to the whole num ber of free people, three fifths of all other persons (meaning slaves). The enumeration is repeated every ten years, and the number of representatives determined accordingly. Each state sends at least one representative to Congress. The House of Representatives chooses its speaker and other officers by a sim ple vote.* It also has the sole power of impeachment. Each state chooses through its legislature two senators for six years. Every two years one third of the senators vacate their seats. Each of them has one vote. A senator must be an inhabitant of the state for which he is chosen, nine years a citizen of the United States, and at least thirty years of age. He is not bound to prove any qualification as to property or religion. Each representative and senator has an allowance of eight dollars a day ; the speaker of the House and the president of the Senate receive double that sum. The vice-president of theUnited States is * Mason, p. 81. THE NEW CONSTITUTION OF 1787. 73 always president of the Senate ; but he has no right of voting and deciding, except when the other votes are equally divided. The Senate tries all impeachments : the concurrence of two thirds of the members present is requisite to a conviction. Judgment in such cases extends only to removal from and disqualification for office ; but it does not exclude a further prosecution according to law. The legislature of each separate state prescribes the times, places, and manner of holding elections for senators and repre sentatives ; but Congress has the right to alter these regulations, except as to the places of choosing senators. Congress assembles at least once in every year, and usually on the first Monday in December. A majority of each house constitutes a quorum for the transaction of business. No person holding a public office can be either a senator or representative. None of them are to be responsible elsewhere for speeches made in either house ; and they are exempt from arrest except for treason, felony, and breach of the peace. For the preparation of business, commit tees are to be chosen in both houses or appointed by the vice- president and speaker.* The committees of the Senate number from three to five, and those of the House of Representatives from five to nine members. All bills for raising revenue origi nate in the House of Representatives ; but the Senate may pro pose or concur in amendments, as on other bills. Every bill which has been read three times and has passed through both houses, is presented to the president for his approval. But if he does not approve it, it is sent back with his objections to the house in which it originated, where it is reconsidered. If two thirds of that house still agree to pass the bill, it is sent, together with the objections, to the other house, and if likewise approved by two thirds of that house, it becomes a law, even without the president's assent ; but the names of the persons voting for or against the bill are entered on the journals of each house. If the president does not return a bill within ten days, it becomes a law, unless its return has been prevented by the adjournment of Congress. Very weighty powers are vested in Congress, of which I shall enumerate only the most important. It can lay and collect taxes, but only for the purpose of paying the debts and providing for the common defence and general welfare of the country. All taxes of this kind must be uniform throughout the United States. It can effect loans, regulate commerce with foreign nations and among the severed states, and establish laws respecting naturalization, bankruptcies, coinage, and weights and measures. * Mason, p. 84. 74 THE NEW CONSTITUTION OF 1787. It provides post-road3 and post-offices, secures to authors and inventors the exclusive right to their productions for limited times, constitutes tribunals inferior to the supreme court, and punishes piracies and other crimes against the law of nations. It has the power to declare war, to raise armies and fleets, and to call out the militia in order to suppress insurrections and exe cute the laws of the Union. It has the exclusive control and management of all forts, arsenals, and dock-yards, belonging to the United States ; and makes all laws necessary for carrying these powers into execution. Congress can grant no title of nobility, and no person in office can hold any foreign title or dignity. No individual state can make treaties, grant letters of marque and reprisal, coin money, emit bills of credit, make any thing but gold and silver a tender in payment of debts, grant titles of nobility, lay duties on imports or exports, introduce any duty of tonnage, keep troops in time of peace, &c. The executive power is in the hands of the president of the United States. He is chosen for four years, and is always re- eligible without any legal restriction* He must be a natural- born citizen, at least thirty-five years of age, and fourteen years a resident of the United States. The day for choosing the pre sident is determined by Congress, and is the same throughout the Union. Each state appoints, according to the forms pre scribed by its legislature, a number of electors equal to the whole number of senators and representatives which the state is entitled to send to Congress. This choice is made within thirty-four days before the first Wednesday of December,! in most states by the entire body of qualified voters (by a general ticket), in some by the legislatures, and in two by districts. No person holding office under the United States, and no member of Congress can be an elector. The electors chosen in the above-mentioned man ner from all the states now vote by ballot, usually on the first Wednesday of December. With respect to property and reli gion, no qualifications are demanded or conditions prescribed. The names of the persons voted for, with the number of votes for each, are transmitted to the president of the Senate, who opens the certificates in the presence of both houses, and counts the votes. If any person has a majority of all the votes, no matter how small, he is president ; but if no one has such a majority, the House of Representatives chooses the president out of the three that have the greatest number of votes. But here the represen- * Of the first eight presidents, five were chosen a second time. None laid claim to a third election. t According to new regulations, on the same day. THE NEW CONSTITUTION OF 1787. 75 tation from each state has only one vote, and a majority of all the states is necessary to a choice. The election of vice-president is conducted in precisely the same manner; only in the last case of doubt, an absolute majority of the Senate decides between the two that have the most votes. In case the president's office becomes vacant, its duties devolve on the vice-president, and after him on the speaker of the House of Representatives. The president receives $25,000 a year, and the vice-president $5,000, by way of salary or compensation; which however is scarcely sufficient to meet their unavoidable sxpenses. The president has the following powers : he is com mander-in-chief of the army and navy, and also of the militia when called into the actual service of the United States. He assembles Congress on extraordinary occasions, requires and leceives reports from all the departments, appoints (under cer tain regulations) most of the officers of the United States,* makes treaties with the concurrence of the Senate, receives ambassa dors and other public ministers, submits to Congress surveys of the state of the Union, and recommends such measures as he judges necessary. He can grant pardons for public offences except in cases of impeachment, and sees in general that the laws are faithfully executed. He loses his office, like all other civil officers of the United States, on conviction of treason, brib ery, and other high crimes and misdemeanors. The judicial power is vested in a Supreme Court for the whole United States, and such inferior courts as Congress may from time to time establish. The president nominates the judges of this court by and with the advice and consent of the Senate. They hold their offices during good behavior, and their compen sation must not be diminished during their continuance in office. The judicial power of the Supreme Court extends to contro versies between citizens of different states, between a state and citizens of another state, and between two or more states ; this jurisdiction is partly original and partly appellate, but does not extend to criminal cases. It decides in general all controversies relating to or arising under the laws of the United States, disputes of ambassadors and consuls, and cases of admiralty and mari time jurisdiction. It has the right to interpret the Constitution so far as it has reference to legal relations, and the authority to overrule such decisions of individual states as may be contrary to the Constitution. The trial of all criminal prosecutions, and all civil suits where the value in dispute exceeds twenty dollars, is by jury. The citi zens of one state are entitled to all the privileges of citizens in the other states. New states may be admitted by Congress into * The Senate can reject nominations, but cannot appoint officers itself. 76 THE CONSTITUTIONS OF THE SEVERAL STATES. the Union. But Congress cannot join two or more states into one, or erect a new state within the limits of an old one, without the consent of the states concerned. The United States guarantees to every state a republican form of government, and protection against invasion and domestic violence. No religious test is required as a qualification to any public office. Congress must make no law establishing or prohibiting any religion, or abridging the freedom of speech or of the press ; nor must it de prive the people of the right peaceably to assemble and present petitions to the government. The people have the right to bear arms, without which no efficient militia can be established. Sol diers are never to be quartered on citizens in time of peace, nor even in time of war except according to prescribed regulations. No searches of houses or papers can take place without very weighty reasons and proofs. No person can be deprived of life, liberty, or property without due process of law, or be compelled in a criminal case to testify against himself. No private property can be taken for public use without full compensation. Exces sive bail, excessive fines, and cruel punishments are prohibited. All the powers which the Constitution has not delegated to Con gress or to others, are reserved to the states respectively. Amendments to the Constitution may be proposed by two thirds of both houses, or by a convention called for the purpose on application of two thirds of the states ; and when ratified by the legislatures of three fourths of the several states, or by con ventions in three fourths thereof, they become a part of the cor rected Constitution. CHAPTER IX. THE CONSTITUTIONS OF THE SEVERAL STATES. The Territories. The constitutions of the several states form to that of the whole United States, of 1787, a corresponding half of equal importance. It is only by uniting them together that we obtain a connected and closely interworking whole. But as it would not be proper in this place to enumerate the slight differences that prevail in each THE CONSTITUTIONS OF THE SEVERAL STATES. 77 state, I will state here only what is most general and uniform, and leave many of the particulars for a synoptical table* Even before the independence of North America, it was held an established maxim, that to the colonists, as far as circum stances permitted, belonged all the rights of Englishmen born. Yet the constitutions of the several states had no inconsiderable influence on the extent to which these rights and privileges were enjoyed. First, there were the so-called charter governments, to which belonged the right of legislation and taxation within their boun daries ; as Massachusetts, Rhode Island, and Connecticut. Secondly, proprietary governments, where the crown had granted extensive rights to the first acquirers, as Lord Baltimore and William Penn. Thirdly, provincial governments, where great powers were given to the king's commissioners or governors, such as a nega tive on the assemblies' proceedings, the appointment of public officers, &c. Yet, from the beginning there was an endeavor, which was by no means without its effects, to extend their restricted rights either amicably or by refractoriness ; whence it ensued, that on the break ing out of the revolution, the internal regulations of the several states, and their relations to each other, were in fact more simi lar than they had been in former times. With the declara tion of independence all controversies respecting the extent of the public law and the application of private law naturally had an end, and each state made such further regulations as it pleased. The following principles, however, respecting the general rights of men and citizens, are acknowledged by all the states.! The objects of establishing, supporting, and administering a go vernment, are to ensure and protect the existence of the civil partnership, and also to procure for the different shareholders the power of enjoying their natural rights and the blessings of life in security and peace. If these great objects are not attained, the people (with whom is the supreme power, and from whom it proceeds) have a right, by observing the legally prescribed forms, to change the government, and to adopt such measures as may be necessary for their safety, happiness, and prosperity. All men are born free and equal ; and have natural, essential, and inaliena ble rights, to enjoy and defend their lives and liberties ; to acquire, possess, and defend property ; and in general to seek and obtain * See Appendix I. To the twenty-six states indicated in this Appendix, two new ones, Florida and Iowa, have since been added. The addition of Texas and Wisconsin will raise the number of the states to thirty. t See the Statutes of Massachusetts, and most of the constitutions. 6 78 THE CONSTITUTIONS OF THE SEVERAL STATES. safety and happiness. There is no nobility, no hereditary or family prerogatives, no exclusive rights and monopolies, no censor ship of the press, no standing army, no quartering of soldiers, no banishing from the country, no confiscation of property, no esta blished church, no tithes, no religious compulsion of any kind. Each ecclesiastical communion has the right to choose its own ministers, and to raise and expend money for religious purposes. All public officers are responsible. Every one must contribute with his person and property to the public good, but only in such manner as has been lawfully determined on. Every one is to be tried by jury and according to the laws. No one is bound to inform or testify against himself. It is permitted to assemble peaceably, to present petitions, and to bear arms ; but every where the mili tary remains subordinate to the civil power. No taxes without a grant, no disbursements of money without consent and render ing a public account, no retro-active force or suspension of the laws, no impeachment for what is spoken in the legislative ¦ assemblies, &c. The legislative power in all the states is entrusted to two cham bers, a senate and a house of representatives ; the executive power is in the hands of a governor. This latter retains his office for from one to four years ; and his re-election is permitted, or pro hibited for a certain time. He is chosen only in four states by the legislative assembly, in all the others by the people. His powers are not every where equally great : thus he fills more or fewer offices, has an absolute or only a postponing veto, is re stricted by a special council or is not. In most of the states every male settler of twenty-one years of age has a right of voting ; or else the amount of property and of taxes paid is so small, that no one scarcely is excluded. No reli gious test is ever required ; clergymen are excluded from all political offices and employments. Senators remain in office from one to four years, representatives from one to two years. From the former are usually required a greater age, a longer residence, and in some states also a larger property, than from the latter. In most of the states, on the contrary, no questions are asked respecting the property of senators and representatives. It is only in a few states that the choice of the former is left to the legislative assemblies ; both chambers are usually filled by popular elections. In three states the elections are public and open; in the others, by ballot. Money and taxation bills mostly originate in the house of representatives : indeed, according to many of the constitutions, all bills must originate there ; while according to others, any bill can begin in either house. Impeach ments come from the representatives to the senate, and are decid ed by two-thirds of the votes. The judges are appointed by the THE CONSTITUTIONS OF THE SEVERAL STATES. 79 governors, or the two houses, or the people, for a greater or less number of years, mostly during good behavior, and there is no want of provisions for the case of their removal. The number of senators varies from 9 to 90, and that of repre sentatives from 21 to 350. Their allowance varies from one and a half to six dollars a day ; and a governor's salary from $400 (in Rhode Island) to $7,500 (in Louisiana). The legisla tures usually meet every year; in some states, however, they meet every two years, and in Rhode Island half-yearly* In addition to the twenty-six states, three other territories (Florida, Wisconsin, and Iowa) are growing up and soon to enter their ranks ; while the District of Columbia, containing Washington, the seat of the general government, is in circum stances wholly peculiar to itself. As soon as a territory numbers 60,000 inhabitants, it obtains the rights of a state and draws up its constitution. It is herein restricted, however, by certain general provisions ; as for instance, that its constitution must be republican. The president of the United States appoints the governors of the territories ; but the inhabitants possess very extensive rights, and are trained to political action. Thus there are even here two legislative bodies, and each territory sends a delegate to Congress ; though he has no vote, but only a voice in the debates. After this brief abstract of the federal and state constitutions, it would at first seem most natural to let the general observa tions and reflections immediately follow. But as these would have reference only to the forms of public law, without respect to countless other co-operating circumstances, it would be impos sible to avoid both incompleteness and indistinctness. Hence it is more advisable to pursue still further the thread of historical development, and take into view the other material and spir itual conditions ; and then, after extending and clearing up the circle of vision, to embrace the whole of the public relations, and to consider especially the value and efficacy of the republican form of government. * Mason's Elementary Treatise, pp. 27, 206. CHAPTER X, THE PRESIDENTSHIP OF WASHINGTON AND OF J. ADAMS (1789-1801). Washington's Presidentship— The French Revolution— Genet— Foreign Relations —Washington's Farewell— Washington's Death— John Adams— Dispute with France — Alien and Sedition Bills. By the new federal Constitution of 1787 many hopes were necessarily deceived, many prejudices wounded, and many selfish plans rendered abortive. The power of truth, however, had gradu ally prevailed, and induced even those states to receive it who had been the loudest in their opposition. But as the instruction and support derived from long experience were as yet wanting to the new institutions, it was hardly possible that all should be of a like mind respecting the unknown future. Many feared the too extensive, and some the too restricted power of Congress. The president, many complained, will soon change himself into an unlimited monarch, the Senate will introduce aristocratic privileges, the House of Representatives will favor an unruly democracy, and the supreme court will interfere with the opera tions of the legislative power. As long as these doubts and objections sprang up on Ameri can soil, and grew out of American circumstances, they were rather warning and profitable than exaggerated and dangerous. But on the breaking out of the French revolution, principles and views were developed which, without respect to time,- place, or national peculiarities, were held up as perfectly new and unex ceptionable models, whose universal applicability was stoutly and presumptuously asserted. The new apostles announced also to the North Americans, that their political leaders had paid greatly too much attention to the defective course of the earlier historical development, and by far too little to the eternal truths of science, and consequently had not attained their object, but had stopped when only half-way. The almost childish begin nings of the Americans, a patch- work of accidents and mutual concessions, must be rooted out with a bold hand and thrown aside ; while the new political wisdom of the greatest people on earth must be cordially and thankfully received, and defended with united powers against all opponents in every part of the world. PRESIDENTSHIP OF WASHINGTON AND JOHN ADAMS. 81 Although it was natural that nations groaning under the des potism of kings, nobles, and priests, should greet the commence ment of the French revolution as the dawn of a cloudless day ; although the sympathy of the North Americans with the fate of a friendly people seems praiseworthy ; yet there was no rea son for depreciating the advantages of their own position, and recommending a hasty imitation of this foreign, uncertain, vacil lating, untried system, while they themselves had already obtained more without extravagance and violence. When citizen Genet landed at Charleston, in April, 1793, as French plenipotentiary, he met with the most brilliant reception ; his journey through the United States resembled a triumphal procession, and not a few united themselves into clubs in the French manner to pursue political objects. This caused Genet's vanity, insolence, and presumption to rise to such a height* that he had ships fitted out against England in American har bors, made preparations for an expedition against Louisiana, treated Washington in an unseemly manner, and exhorted the American people to disobedience against his government. Washington, who wished not to injure France, and hoped that the wanderers would soon return to the right path, acted at first towards Genet with great moderation and forbearance ; but as soon as he saw that this only led to new intrigues and slanders, he proceeded with firmness and energy, compelled Genet to be recalled, and became a third time the savior of his country.! The narrow and evil-minded calumnies of those times have long since been forgotten ; and the victory of the American Constitu tion and of American liberty in the trying ordeal of a struggle with the flames of revolutionary principles, was the strongest proof of their worth and vital power. With the greatest good sense Washington opposed all parti cipation in the unhappy quarrels that devastated Europe ; and on the 27th of October, 1795, he concluded a treaty of commerce with England, — who it is true did not grant all that was rea sonably desired, but as much as was any way attainable under existing circumstances. When on this occasion the House of Representatives trans gressed the bounds of their authority, and wished to interfere with that of the president in the management of foreign affairs, Washington mildly and firmly declared, that the treaty was valid by virtue of the Constitution, without the participation of the * " Genet," says Jefferson, " was hot-headed, all imagination, no judgment, pas sionate, disrespectful, indecent towards the president," &c. Tucker's Life, i. 444. t Barb^-Marbois, Histoirede Louisiane, p. 168. Janson, The Stranger in America, p. 74. 82 PRESIDENTSHIP OF WASHINGTON House of Representatives, and that his duty forbade him to comply with their requests.* As soon as his first presidential term of four years had expired, Washington considered it his duty to resign this high dignity to another. But worthy friends and even prudent opponents, judg ing correctly of the state of affairs then existing, called upon him to sacrifice his personal inclinations to his country's good. Thus Thomas Jefferson wrote to him : " The confidence of the whole Union is centred in you. Your being at the helm will be more than an answer to every argument which can be used to charm and lead the people in any quarter into violence or secession. North and South will hang together, if they have you to hang on; and, if the first corrective of a numerous representation should fail in its effect, your presence will give time for trying others not inconsistent with the union and peace of the states. I am perfectly aware of the impression under which government affairs lays your mind, and of the ardor with which you pant for retirement to domestic life. But there is sometimes an eminence of character on which society have such peculiar claims, as to control the predilection of the individual for a particular walk of happiness, and restrain him to that alone arising from the present and future benedictions of mankind. This seems to be your condition, and the law imposed on you by Providence, in form ing your character, and fashioning the events on which it was to operate."! By 132 votes out of 135, Washington was a second time elected president, and labored till March, 1797, in a beneficial manner to promote the tranquillization and the improvement of his country. The letter in which Washington on laying down his office took leave of the American people, exhibits an admira ble impress of his noble nature and mode of thinking. He calls to mind all the happiness and all the advantages that God had conferred upon the country ; exhorts in the most dignified and impressive manner to order and unity ; and shows that morality, virtue, and true religion, are necessary both to individuals and to states, and determine their true value. May the Americans ever regard this most noble, comprehensive, and important politi cal testament of a good man as their model, their guiding star ; for then will they never fall into adversity, arrogance, or degene racy. I cannot refrain from extracting at least a few passages here. " The unity of government," says Washington, " is a main pillar in the edifice of your real independence ; the support of your tranquillity at home, your peace abroad ; of your safety ; of your prosperity ; of that very liberty which you so highly * Hinton, i, 425. t Sparks's Washington, i. 480. AND OF JOHN ADAMS. 83 prize. Towards this union, therefore, you should cherish a cor dial, habitual, and immoveable attachment; accustoming your selves to think and speak of it as of the palladium of your political safety and prosperity ; watching for its preservation with jealous anxiety ; discountenancing whatever may suggest even a sus picion that it can, in any event, be abandoned ; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts. "You must seek to avoid the necessity of forming and support ing over-grown military establishments, which under any form of government are inauspicious to liberty, and which are pecu liarly hostile to a free republic. " In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true cha racter of governments as of other human institutions ; that expe rience is the surest standard by which to test the real tendency of the existing constitution of a country ; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to per petual change from the endless variety of hypothesis and opinion ; and remember especially that, for the efficient management of your common interests, in a country so extensive as ours, a government of as much vigor as is consistent with the perfect security of liberty is indispensable. " Unfortunately the spirit of party is inseparable from our nature, having its root in the strongest passions of the human mind. It exists, under different shapes, in all governments, more or less stifled, controlled, or repressed ; but in those of the popu lar form it is seen in its greatest rankness, and is truly their worst enemy. '' Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. Promote, then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened. " As a very important source of strength and security, cherish public credit. One method of preserving it is to use it as spar ingly as possible. Observe good faith and justice towards all nations ; cultivate peace and harmony with all. It will be worthy of a free, enlightened, and at no distanl period a great nation, to give to mankind the magnanimous and too novel 84 PRESIDENTSHIP OF WASHINGTON example of a people always guided by an exalted justice and benevolence. " Against the insidious wiles of foreign influence, the jealousy of a free people ought to be constantly awake ; since history and experience prove that foreign influence is one of the most baneful foes of republicarf government. " The great rule of conduct for us in regard to foreign nations is, in extending our commercial relations, to have with them as little political connection as possible. Europe has a set of pri mary interests, which to us have none or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, there fore, it must be unwise in us, to implicate ourselves by artificial ties in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities. " Though in reviewing the incidents of my administration I am unconscious of intentional error, I am nevertheless too sen sible of my defects not to think it probable that I may have com mitted many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope, that my country will never cease to view them with indulgence ; and that, after forty- five years of my life dedicated to its service with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest. Relying on its kindness in this as in other things, I anticipate with pleasing expectation that retreat in which I promise myself to realize without alloy the sweet enjoyment of partaking, in the midst of my fellow-citizens, the benign influence of good laws under a free government, the ever favorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors, and dan gers." The last hopes of this noble man were fulfilled. He left only once more for a short time his peaceful rural abode, to defend his country against the pretensions of France. On the 14th of December, 1799, he died a peaceful, happy death, in the 67th year of his age. Congress resolved to solemnize the event of his decease by a large funeral procession and by wearing mourn ing for a month, and to erect to him a marble monument,* — resolutions both appropriate and laudable ; although the admi ration with which Washington was regarded by all civilized nations, showed him to be one of the few among mankind to whom is given an immortality more durable than brass or mar ble, and whose spotless and beneficent memory is cherished to the latest posterity. * Laws, iii, 401, AND OF JOHN ADAMS. 85 In the year 1797, John Adams was elected president in the place of Washington, receiving 71 votes ;* and Thomas Jeffer son vice-president, with 68 votes. The former was bom in 1735, in the state of Massachusetts, was member of the first congress, one of the signers of the Declaration of Independence, ambassa dor to France, and author of a new constitution for Massachusetts. Although Adams was known to be upright, well-informed, and skilful in business,! vet many feared that his administration would assume a one-sided, Anglo-aristocratic character. His inaugural address to Congress, however, tranquillized the minds of most persons. After acknowledging and enumerating the defects of the first federal constitution, he spoke in terms of praise of the new one. Far from wishing or urging any altera tion in it, he declared that, as in duty bound, he would protect it, would respect the rights of the individual states, never exhi bit local preferences, maintain every where peace and quietness, do justice, and show partiality to no foreign nation. Complaints on this latter head could hardly be wanting during the wars between France and England, and the vehement parti- zanship of almost all their contemporaries, extending even to America. Thus it was said that the commercial treaty con cluded with England was injurious, and that that country mo lested and ill-treated American shipping far more than France. But the position of the United States towards this latter power soon underwent a change. In the opening speech of his second congress, Adams complained, with great reason, that France showed herself very arrogant both in word and deed, that she had declared and sought to produce an opposition between the American people and the American government, and had sent back a new American ambassador. America wished to preserve peace every where, would readily acknowledge and repair errors, and institute fresh negotiations. There are bounds however be yond which a free people cannot suffer affronts, but must arm and defend itself. Congress agreed on all points with the president, and the French failed in producing either divisions or dastardly compliance. The French Directory feigned to be exceedingly wroth at the president's very moderate speech ; allowed the American envoy to wait for months in Paris ; and then required that America should buy of them thirty -two millions of worthless Dutch paper, pay a large sum to Talleyrand by way of a gratification,! and whatever other unseemly demands their dishonorable agents had the audacity to propose. When this became known in America, all exclaimed in right- • Wood's History of the Administration of J. Adams. t Inchiquin's Letters, p. 68. X Jefferson's Writings, iii, 385, 86 PRESIDENTSHIP OF WASHINGTON AND JOHN ADAMS. eous indignation, " Millions for defence, but not a cent for tribute !* Thus in the year 1798, a war was brought about with France, and peace was not restored till after the downfall of the Directory, in September, 1800. Among the very many stipula tions then made, this at least is worthy of mention, that free ships make free goods. During the dissensions in France and the excitement exhibited in America, two laws were promulgated, entitled the Alien and Sedition Bills. The former allowed the president to send away suspicious foreigners who could give no security for their good behavior, and granted the right of American citizenship only after a residence of fourteen years. The Sedition Law was directed against unlawful unions, malicious publications, libels on the government, &c, and raised the penalties therefor to 2,000 dollars, or two years' imprisonment. While many approv ed of these laws as adapted to present circumstances, others termed them injudicious and tyrannical ; and the great opposi tion between parties and tendencies, between federalists and republicans, assumed continually a clearer and more important position in the foreground. Adams stood at the head of the former, and Jefferson at the head of the latter party. Yet Jefferson declares : " Adams was the chief support of the Declaration of Independence in Con gress, and its most able defender against numerous attacks. Not captivating or elegant, not always fluent in his public speeches, he yet came forward with such power, both of thought and ex pression, that he moved us all. Never did a man of more per fect eloquence issue from the hands of the Creator." Such is the testimony to the second president of the American republic, as furnished by his greatest opponent ! * Hinton, i. 431. CHAPTER XI. THOMAS JEFFERSON. Birth, Descent, and Education — Declaration of Independence — Jefferson in Paris — Jefferson President — Jefferson on Freedom of the Press — Jefferson on Christian ity—Jefferson on Plato — Federalists and Republicans— Jefferson's Principles — Jefferson on Slavery — Jefferson on Political Union — Jefferson's Administration — Jefferson's Message — Louisiana— Contest with the Maritime Powers — Jefferson's Private Life — Jefferson, Adams, and Washington — Jefferson's Death — Jefferson'* Fame. Thomas Jefferson, the eldest of eight brothers and sisters, was born on the 2d of April, 1743, at Shadwell, in Albemarle county, Virginia* His father's education had been neglected in youth ; but as he was gifted by nature with a strong mind, he acquired by after industry a considerable share of knowledge. His early death prevented him from effecting much towards forming the mind of his son ; but he left the latter sufficient means wherewith to procure himself an independent position. Thomas Jefferson was as destitute as Washington and Adams of those qualities which are often over-estimated on account of their superficial bril liancy; but on the other hand, he possessed that industry, firm ness, constancy, and force of will, which he needed throughout life. An ardent fondness for philosophy, art, and classic antiquity, furnished and enlarged his mind in many ways. He spoke and wrote admirably, and obtained a reputation at the bar, although his bodily powers were hardly adequate to severe exertion as a speaker. Jefferson's conversation was fluent and instructive, and he won almost every one that came near him by the affability of his address.. This dexterity and versatility, however, never im paired his firmness and resolution ; and those opposite qualities of his mind were found equally necessary and beneficial, on the breaking out of the quarrel with England. From the beginning, Jefferson cherished the most fixed conviction, that a reconcilia tion with the mother-country was advisable only on the broadest foundations and with the most satisfactory concessions-! " I steer my bark," said he, " with hope in the head, leaving fear astern."| The stormy sea of liberty was the element on which * See Rayner's and Tucker's Lives of Jefferson ; the Encyclopaedia Americana ; but above all, his most highly instructive Memoir and Correspondence, published ia four volumes. t American Review, vi. 497. } Jefferson's Writings, iv. 271. 88 THOMAS JEFFERSON. he sailed more boldly and further than ever man did before ; without injury to himself, and — who can now deny it ? — to the advantage of his contemporaries and of posterity. " From Him," was the motto of his seal-ring, " comes liberty, from whom the spirit comes " (ab eo libertas, a quo spiritus) ; and " resistance to tyrants is obedience to God." Jefferson was a principal founder of the associations for the preservation of the rights of North America ; and of these he drew up a summary view in so convincing a manner, that Burke furnished it with additions and had it printed in England. The idea of the naturalness, justice, and necessity of the com plete independence of North America was first fully developed by him ;* and Congress properly appointed himself, Adams, Frank lin, Sherman, and Livingston, to consult respecting it in close committee. By the choice of these his friends, (or should we not rather say, by the gracious election of God ?) Jefferson was appointed to the task of drawing up the Declaration of Independ ence of North America ; with which a new period in the history of social relations and human development begins. That Jefferson was not thus brought, into the list of men of undying reputation by any undeserved piece of good fortune, is shown by the ideas and plans which he propounded and to a great extent executed, as member of the legislative assembly (as early as 1769), and afterwards (in 1779) as governor of Virginia. Among these were : the abrogation of all restrictions on the free use of property, the abrogation of the right of primogeniture, free dom in matters of religion, no taxes or tithes in support of other creeds, the abolition of the slave-trade, the gradual abolition of slavery,! abolition of capital punishment (except for treason and murder), a simpler code of laws, provision for general educa tion, &c.J After the independence of the United States had been esta blished and acknowledged, so that the principal object was attain ed, Jefferson went, in May, 1784, as minister plenipotentiary to Paris, and remained there until October, 1789. The people who had joyfully greeted the birth-day of a new quarter of the world, or rather the day in which it came of age, and who had contribut ed to bring about the event, were now zealously employed in breaking the chains of effete customs and partial rights, and in founding for themselves a new and more happy existence. The coldest and dullest natures, as has been said, could not resist the enthusiastic feelings which this new dawn of liberty inspired ; * Rayner, p. 72. t The proposal for the abolition of slavery did not succeed. X The Statute Book, consisting of 90 folio pages, was prepared (1779 — 1785) chiefly by Jefferson and Madison. THOMAS JEFFERSON. 89 how then could the American republican Jefferson, placed in the midst of that brilliant horizon, keep himself from sympathy and even predilection, and not share in the glowing anticipations- whose fulfilment was already shown in happy America ! Ac cordingly he speaks often and vehemently against the king, nobles, and priests ; looks for the best from all innovatious ; finds nothing scarcely but injustice and misery in old France ; and entertains none or but little fear of errors and excesses* By Lafayette and other friends of weighty improvements, Jef ferson was respectfully and confidently applied to for advice — ad vice, however, which they rarely or never pursued. In the begin ning of June, 1789, he sketched a Charter of Rights for France,. the main contents of which were : The States General shall have the right of levying taxes and making laws, with the con sent of the king. Every person shall be treated in conformity with the existing laws ; and the military shall be subordinate to the civil authority. The press shall be free, but answerable for publishing false facts and libels. The States General shall now separate, and meet again on the first day of November next.! These propositions of Jefferson's seem very moderate. He also wrote on the 3d of June, 1789, on the occasion of sending this sketch to St. Etienne : " If you obtain this, you will carry back to your constituents more good than ever was effected before without violence, and you will stop exactly at the point where violence would otherwise begin. Time will be gained, and the public mind will begin to ripen and to be informed." As soon as the king conceded more than the majority antici pated, Jefferson expressed himself in favor of not demanding more, but of securing what had already been obtained. In a let ter relative hereto, written on the 14th of February, 1815, to La fayette, he says ; " My dear friend, your letter of August the 14th has been received and read, again and again, with extraordinary pleasure. The newspapers told us only that the great beast was fallen ; but what part in this the patriots acted, and what the egoists, whether the former slept while the latter were awake to their own interests only, the hireling scribblers of the English press said little or knew less A full measure of liberty is not now perhaps to be expected by your nation ; nor am I confi dent they are prepared to preserve it. More than a generation will be requisite, under the administration of reasonable laws favoring the progress of knowledge in the general mass of the people, and their habituation to an independent security of per son and property, before they will be capable of estimating the value of freedom, and the necessity of a sacred adherence to the principles on which it rests for preservation. Instead of that * Jefferson's Writings, ii. 45, 63, 224. t Writings, ii. 472. 90 THOMAS JEFFERSON. liberty which takes root and growth in the progress of reason, if recovered by mere force or accident, it becomes, with an unpre pared people, a tyranny still, of the many, the few, or the one. " Possibly you may remember, at the date of the^ew de paume (June 20th, 1789), how earnestly I urged yourself and the patri ots of my acquaintance, to enter then into a compact with the king, securing freedom of religion, freedom of the press, trial by jury, habeas corpus, and a national legislature (all of which it was known he would then yield), to go home, and let these work on the amelioration of the condition of the people, until they should have rendered them capable of more, when occasions would not fail to arise for communicating to them more. This was as much as I then thought them able to bear soberly and usefully for them selves. You thought otherwise, and that the dose might still be larger. And I found you were right ; for subsequent events prov ed they were equal to the constitution of 1791. Unfortunately, some of the most honest and enlightened of our patriotic friends (but closet politicians merely, unpractised in the knowledge of man) thought more could still be obtained and borne. They did not weigh the hazards of a transition from one form of govern ment to another ; the value of what they had already rescued from those hazards, and might hold in security if they pleased ; nor the imprudence of giving up the certainty of such a degree of liberty under a limited monarch, for the uncertainty of a little more under the form of a republic. From this separation of the repub licans from the constitutionalists flowed all the subsequent suffer ings and crimes of the French nation. Let the restored dynasty read a lesson in the fatal errors of the republicans ; let them be contented with a certain portion of power, secured by formal compact with the nation, rather than, grasping at more, hazard all upon uncertainty, and risk meeting the fate of their prede cessor or a renewal of their own exile."* From what is here communicated there will be seen at once the essential difference between the American and French re publicans. " If science," says Jefferson in another place, "bears no better fruits than tyranny, murder, robbery, and destruction of the morals of the people, I would rather wish that our country should remain as ignorant and honorable as the neighboring savages." Jefferson left France shortly before the unhappy days of Octo ber, 1789, and was appointed by Washington secretary of state. Differences of views already-manifested themselves; but Wash ington knew how to hear with calmness and decide with firm ness.! When Genet attacked Washington and the government in the presumptuous, rude, and unlawful manner already related, * Jefferson's Writings, iv. 246. -f Writings, iv. 161. THOMAS JEFFERSON. 91 Jefferson conducted the correspondence and negotiations, like an American patriot, with impartiality and effect* From 1793 to 1797, Jefferson lived in modest but not inac tive retirement ; in the year 1797, however (having received the greatest number of votes next to Adams), he was chosen vice- president of the United States. In the year 1801 he received for the office of president 73 votes; while Colonel Burr also had 73, and Adams 65. The decision was thus left to the House of Representatives ; and after thirty-six ballotings, ten states declared themselves for Jefferson, and four for Burr. These votes show the great power of the two parties standing opposed to each other, as also the zeal and obstinacy of the electors and representatives. But passion rose to a much greater height beyond this constitu tional sphere ; and never was a man on earth so violently attack ed by an unbridled press, and so shamefully calumniated, as Jefferson.! He was by no means insensible to such treatment; but he never descended to refutations or wordy disputes, rightly trusting that the power of truth would prevail, and that his pub lic life would set him in his true light before the world. To his friend Norwell he afterwards thus expressed himself in relation to these experiences : " To your request of my opinion of the manner in which a newspaper should be conducted, so as to be most useful, I should answer, ' by restraining it to true facts and sound principles only.' Yet I fear such a paper would find few subscribers. It is a melancholy truth, that a suppression of the press could not more completely deprive the nation of its benefits, than is done by its abandoned prostitution to falsehood. Nothing can now be believed which is seen in a newspaper. Truth itself becomes suspicious by being put into that polluted vehicle. The real extent of this state of misinformation is known only to those who are in situations to confront facts within their knowledge with the lies of the day. I really look with commiseration over the great body of my fellow-citizens, who, reading newspapers, live and die in the belief that they have known something of what has been passing in the world in their time ; whereas the accounts they have read in newspapers are just as true a history of any other period of the world as of the present, except that the real names of the day are affixed to their fables. General facts may indeed be collected from them, such as that Europe is now at war, that Buonaparte has been a successful warrior, that he has subjected a great portion of Europe to his will, &c. &c. ; but no details can be relied on. I will add, that the man who never looks into a newspaper i3 better informed than he who reads them ; inasmuch as he who knows nothing is nearer to truth than he whose mind is filled with falsehoods and errors. He * See Writings, iii. 267, 269, 279, 280. t Tucker's Life of Jefferson, ii. 109, 120. 92 THOMAS JEFFERSON. who reads nothing will still learn the great facts, and the details are all false. " Perhaps an editor might begin a reformation in some such way as this. Divide his paper into four chapters, heading the 1st, Truths. 2d, Probabilities. 3d, Possibilities. 4th, Lies," &e. " Defamation is becoming a necessary of life ; insomuch, that a dish of tea in the morning or evening cannot be digested with out this stimulant. Even those who do not believe these abomi nations, still read them with complaisance to their auditors, and, instead of the abhorrence and indignation which should fill a virtuous mind, betray a secret pleasure in the possibility that some may believe them, though they do not themselves. It seems to escape them, that it is not he who prints, but he who pays for printing a slander, who is its real author."* Such are the just exclamations of this noble man. Yet his bitterest experiences could not bring him even to wish for a restraint upon the press. He said, " He who wishes fire and warmth also needs a chimney ; and erroneous opinions can be borne with, where reason is left alone to combat them."! ^n nis inaugural address to Congress, Jefferson said, with equal truth and impressiveness : " Let all bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable ; that the minority possess their equal rights, which equal law must protect, and to violate, would be oppression. Let us then, fellow-citizens, unite with one heart and one mind, let us restore to social intercourse that harmony and affection, without which liberty, and even life itself, are but dreary things. And let us reflect that, having ban ished from our land that religious intolerance under which man kind so long bled and suffered, we have yet gained little, if we countenance a political intolerance as despotic, as wicked, and capable of as bitter and bloody persecutions."! • Improper as it would be even to mention here the common falsehoods and low slanders which were propagated respecting Jefferson, it is still necessary to state and examine the accusa tions that have been raised against his religion, philosophy, and statesmanship. First of all, it has been said that he was no Christian, but an infidel, an atheist. Let us hear how he expresses himself in confidential letters on this topic. " I promised you," he writes to Dr. Rush,§ " a letter on Christianity, which I have not forgot ten. On the contrary, it is because I have reflected on it, that I find much more time necessary for it than I can at present dis pose of. I have a view of the subject which ought to displease # Writings, iv. 80. t Statutes of South Carolina, i. 306. X Messages, p. 92. § Jefferson's Writings, iii. 442. THOMAS JEFFERSON. 93 neither the rational Christian nor deist, and would reconcile many to a character they have too hastily rejected. I do not know that it would reconcile the genus irritabile vatum, who are all in arms against me. Their hostility is on too interesting ground to be softened. Certain delusions with respect to a clause in the Constitution gave the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity throughout the United States; and as every sect believes its own form the true one, every one perhaps hoped for his own, but especially the Episcopalians and Congregation alists. The returning good sense of our country threatens abortion to their hopes, and they believe that any portion of power confided to me will be exerted in opposition to their schemes. And they believe rightly : for I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man." " The Christian religion, when divested of the rags in which they have enveloped it,* and brought to the original purity and simplicity of its benevolent institutor, is a religion of all others most friendly to liberty, science, and the freest expansion of the human mind." "My views of the Christian religion are the result of a life of inquiry and reflection, and very different from that anti- Christian system imputed to me by those who know nothing of my opinions. To the corruptions of Christianity I am indeed opposed ; but not to the genuine precepts of Jesus himself. I am a Christian, in the only sense in which he wished any one to be ; sincerely attached to his doctrines, in preference to all others ; ascribing to himself every human excellence ; and believing he never claimed any other. It is to be regretted that Jesus himself wrote nothing, and that his doctrines have come to us mutilated, mis-stated, and often unintelligible. He cor rected the deism of the Jews, and taught the most pure and per fect system of morals that has ever been announced on earth. It embraces all mankind, gathering them into one family, under the bonds of love, charity, peace, common wants and common aids. But even from the time of the Apostle Paul, the simple doctrines of Jesus Christ have been sophisticated and perverted. Every Christian sect too gives a great handle to atheism by their general dogma, that without a revelation, there would not be sufficient proof of the being of a God. Christ teaches : that there is one only God, and he all perfect ; that there is a future state of rewards and punishments ; that to love God with all thy heart and thy neighbor as thyself, is the sum of religion. Cal vin on the contrary teaches : that there are three Gods ; that good works, or the love of our neighbor, are nothing ; that faith * Writings, iii. 463, 468, 506. iv. 321. For a more .circumstantial, rationalistic criticism of the New Testament writings, see vol. iv. 326. 7 94 THOMAS JEFFERSON. is every thing, and the more incomprehensible the proposition, the more merit in its faith; that reason in religion is of unlawful use ; that God from the beginning elected certain individuals to be saved, and certain others to be damned ; and that no crimes of the former can damn them, no virtues of the latter save. Now which of these is the true and charitable Christian? he who believes and acts on the simple doctrines of Jesus ; or the impi ous dogmatists, as Athanasius and Calvin ?"* Jefferson was no theologian by profession ; but though from these declarations some may acquit and others condemn him, he certainly took up the right position as a practical American states man, and his constant and powerful influence for a long time put an end to all ecclesiastical tyranny. Had it not been for him, perhaps a dominant church would have been smuggled in, or its introduction at least ventured on, through a civil and religious war. In fact, hardly had the attempt been made to expel from the university founded by Jefferson its alleged infidelity, when (at least so it is said), four nominally pious sects came in, con tended for the supremacy, and anathematized one another. As regards the fulfilment of the chief commandment of Jesus Christ, that peace should be and remain upon earth — certainly no states man has ever more ardently enforced it, with all the powers of his heart and soul, than Jefferson.! Although the dogmatist may judge otherwise and according to another standard, the his torian must place rulers fond of persecution and conquest below the American president, and present to him, in return for the proffered olive-branch, the laurel crown-! The philosophers must condemn Jefferson still more strongly than the theologians, when they hear what he says about the divine Plato. " I have been amusing myself," he writes to John Adams, " with reading seriously Plato's Republic. I am wrong, however, in calling it amusement ; for it was the heaviest task-work I ever went through. I had occasionally before taken up some of his other works, but scarcely ever had patience to go through a whole dialogue. While wading through the whimsies, the puerilities, and unintelligible jargon of this work, I laid it down often to ask myself, how it could have been, that the world should have so long consented to give reputation to such nonsense as this? How the soi-disant Christian world indeed should have done it, is a piece of historical curiosity. But how could the Roman good sense do it ? And particularly how could Cicero bestow " ^'t^' iv- 34?' 363-5 , ' + See Writings, ii. 13. } Mr. Jefferson, instead of being obnoxious to the charge of impiety, was proba bly one of the most sincerely religious men in the community."— Everett's America, p. 318. THOMAS ^JEFFERSON. 95 such eulogies on Plato ? Although Cicero did not wield the dense logic of Demosthenes, yet he was able, learned, laborious, practised in the business of the world, and honest. He could not be the dupe of mere style, of which he was himself the first mas ter in the world. With the modems, I think, it is rather a matter of fashion and authority. Education is chiefly in the hands of persons who, from their profession, have an interest in the reputa tion and the dreams of Plato. They give the tone while at school, and few in their after years have occasion to revise their col lege opinions. But fashion and authority apart, and bringing Plato to the test of reason, take from him his sophisms, futilities, and incomprehensibilities, and what remains ? In truth, he is one of the race of genuine sophists, who has escaped the oblivion of his brethren, first, by the elegance of his diction, but chiefly, by the adoption and incorporation of his whimsies into the body of artificial Christianity. His foggy mind is for ever presenting the semblances of objects which, half seen through a mist, can be defined neither in form nor dimension. Yet this, which should have consigned him to early oblivion, really procured him immor tality of fame and reverence. The Christian priesthood, finding the doctrines of Christ levelled to every understanding, and too plain to need explanation, saw in the mysticisms of Plato mate rials with which they might build up an artificial system, which might from its indistinctness admit everlasting controversy, give employment for their order, and introduce it to profit, power, and pre-eminence. The doctrines which flowed from Ihe lips of Jesus himself are within the comprehension of a child ; but thousands of volumes have not yet explained the Platonisms engrafted on them : and for this obvious reason, that nonsense can never be explained. Their purposes, however, are answered. Plato is canonized ; and it is now deemed as impious to question his merits as those of an apostle of Jesus. He is peculiarly appealed to as an advocate of the immortality of the soul ; and yet I will venture to say, that were there no better arguments than his in proof of it, not a man in the world would believe it* It is for tunate for us, that Platonic republicanism has not obtained the same favor as Platonic Christianity ; or we should now have been all living, men, women, and children, pell-mell together, like the beasts of the field or forest."! Jefferson, many will say after these extracts, is still less of a philosopher than of a theologian; and yet the practical statesman, who was to call into new life half a world, was quite right, and it was very natural for him to declare Plato's doctrines of privileged # Perfectly similar sentiments are found in a sermon by Mason. — National Preacher, i. 6. t Writings, iv. 241, 325. 96 THOMAS JEFFERSON. guardians, community of goods and women, great barracks for rearing children, petty republics, &c, to be both silly and utterly useless and impracticable. Aristotle entertained the same opinion ; and the beau ideal which Jefferson wished to realize (and which in spite of all opposition was carried into effect) had not the slightest resemblance to Platonic dreams. The oft repeated assertion that, by mere force of thinking a priori, the best laws might be found out and every where uniformly applied, was contrary to all Jefferson's convictions. On the contrary he says, " In so complicated a science as political economy, no one axiom can be laid down as wise and expedient for all times and circumstances."* To this proposition all Jeffer son's practical opponents would doubtless have assented ; but the chief point in dispute was : What laws and regulations were pos sible and best in the existing state of American affairs ? Two parties were gradually formed in reference thereto ; and Jefferson was the decidedly efficient leader of that which called itself the republican party. No one complained more than he that the increasing violence of party-spirit disturbed so many relations and broke off so many friendships.! " Men," says he, " who have been intimate all their lives, cross the streets to avoid meeting, and turn their heads another way, lest they should be obliged to touch their hats." Jefferson himself, it is retorted by his oppo nents, was the chief originator of this sad state of things ; — a groundless, unjust accusation ! The strife was unavoidable ; for it related to the most important objects, the entire futurity of a whole continent. Both parties, or at least their noble leaders, acted conscientiously and according to the best of their know ledge ; and for that very reason, after the removal and suppres sion of disturbing elements, their mutual exertions were product ive of the most excellent fruits. Jefferson's position, however, was the most arduous of all ; for all the great men of the war of independence, including Wash ington, Hamilton, Adams, Marshall, and many others, stood on the side of the federalists ; and declared themselves in favor of order, moderation, strict law, and a strong federal government. They regarded with veneration, or at least with great interest, the institutions of Europe, or rather of England, which had been brought to a praiseworthy state of perfection by centuries of severe labor and profound meditation. The English constitution was held to be the non plus ultra of human attainment ; and laments were uttered over the impossibility of transplanting the whole of it to America, which made it necessary to put up with something imperfect and inferior. Hamilton proposed that the president and Senate should be elected to serve during good * Writings, iv. 282. f Writings, iii. 362. THOMAS JEFFERSON. 97 behavior, that is to say for life ; and that the former should have the appointment of all the governors in the individual states.* He spoke contemptuously of all popular governments, remarking that they were " but pork still, with a little change of sauce ;" and wished to bring the American constitution continually nearer to the English. Mr. Sherman, in the debate on the new constitution, declared that the people should have as little to do as may be about the government. They want information, and are constantly liable to be misled-! Washington said to Jefferson : " I foresee that sooner or later we shall be obliged to adopt a constitution nearly related to the English, and I wish to prepare the minds of the people for it." And even the American people of that day, going beyond their leaders, fell into the way of thinking which, in spite of fifty years' contradictory experience, has characterized nearly all the English writers of travels. The United States in their eyes are of no account at all, or else are something quite preposterous ; inasmuch as they have no king, no nobility, no house of lords, no rights of primogeniture, no established church, and — to crown all — their judges have no wigs. It seemed as if Jefferson, who was opposed to all this, longed only for what was unreasonable and impossible, and went far beyond Plato with his whims and dreams. What the whole history of the world had never yet exhibited, nay, what after so many unhappy attempts had been branded as madness, was now the aim of all his exertions, of his whole life. Thirteen (now become twenty- six) sovereign democracies were to govern themselves, keep themselves in order, and form together a great republic of im measurable extent ; while the means for exercising a stricter sway, for setting up a stronger power(which the federalists recommended and regarded as salutary while in the distance), were to be for ever banished, proscribed, destroyed. The following extracts from Jefferson's writings and corre spondence will explain his views and intentions more clearly : " The parties of whig and tory are those of nature. They exist in all countries, whether called by these names, or by those of aristocrats and democrats, cote drOite and cote gauche, ultras and radicals, serviles and liberals. The sickly, weakly, timid man, fears the people, and is a tory by nature. The healthy, strong, and bold, cherishes them, and is formed a whig by nature. The tories are for strengthening the executive and general government; the whigs cherish the representative branch, and the rights reserv ed by the states, as the bulwark against consolidation, which must immediately generate monarchy.! An omnipotent assembly be comes too easily dangerous to liberty ; and an elective despotism * Register, ii. 1, 375. Madison Papers, ii. 88S, 892, 893. ; t M'Gregor's America, i. 36. Madison Papers, ii. 753. } Writings, iv. 384, 385. 98 THOMAS JEFFERSON. was not the government we fought for.* What is not expressly granted to the federal government is reserved to the individual states. The former is not, as a general rule, to have immediate control over whatever exceeds the- bounds of a state ; it must not employ at will for this purpose the powers of the whole. The federal government is not superior to the states' governments, neither are the latter superior to the former. Each has its proper position, and decides what belongs to it. In case of a-dispute, no one alone, but only a peaceable and constitutional assembly of delegates called for the purpose, can decide."! " Before the establishment of the American states, nothing was known to history but the man of the old world, crowded within limits either small or overcharged, and steeped in the vices which that situation generates. A government adapted to such men would be one thing ; but a very different one, that for the man of these states. Here every one may have land to labor for him self, if he chooses ; or, preferring the exercise of any other indus try, may exact for it such compensation as not only to afford a comfortable subsistence, but wherewith to provide for a cessation from labor in old age. Every one, by his property, or by his satis factory situation, is interested in the support of law and order. And such men may safely and advantageously reserve to them selves a wholesome control over their public affairs, and a degree of freedom which, in the hands of the canaille of the cities of Eu rope, would be instantly perverted to the demolition and destruc tion of everything public and private. The history of the last twenty-five years of France, and of the last forty years in America, nay, of its last two hundred years, proves the truth of both parts of this observation."! " A just and solid republican government maintained here will be a standing monument and example for the aim and imitation of the people of other countries. I hope and believe that they will see, from our example, that a free government is of all others the most energetic. We shall satisfactorily refute those who dis countenance all advances in science as dangerous innovations, and endeavor to render philosophy and republicanism terms of reproach.§ It is untrue that no improvements of our present insti tutions are henceforth possible. The elective franchise should be extended and made more general, representation more uniform, the country more suitably divided, &c. So too the administra tion of justice must be independent; but the judges should not have too much control over the mutable electoral bodies, or decide on constitutional questions." || * Notes on Virginia, p. 195. f Statutes of South Carolina, i. 267. t Writings, iv. 230. § Writings, iii. 454, 461 || Writings, iv. 289. THOMAS JEFFERSON. 99 Against slavery — which Plato approved of — Jefferson declared himself in the most decided manner ; yet his wishes, his en deavors, his eloquent exhortations, were thwarted not only by selfish opposition, but also by the very formidable difficulties of which we shall have occasion to speak hereafter. In the year 1769, Jefferson, as member of the Virginia house of represen tatives, made an effort for the emancipation of the slaves ; but it was defeated. Seven years later, he inserted in his draft of the Declaration of Independence a passage from which the libe ration of the slaves must have ensued ; but it was struck out, to prevent a separation of the southern from the northern states* In the year 1778, Jefferson succeeded in effecting the abolition of the slave-trade in Virginia.! As early as 1781 he writes in a paper drawn up respecting this state : " There must doubtless be an unhappy influence on the manners of our people, produced by the existence of slavery among us. The whole commerce between master and slave is a perpetual exercise of the most boisterous passions, the most unremitting despotism on the one part, and degrading submission on the other. Our children see this, and learn to imitate it ; for man is an imitative animal. From his cradle to his grave, he is learning to do what others do. He must be a prodigy who can retain his manners and morals undepraved by such circum stances ; and with the morals of a people, their industry is also destroyed. And can the liberties of a nation be thought secure, when we have removed their only firm basis, a conviction in the minds of the people that these liberties are the gift of God ? that they are not to be violated but with his wrath ? Indeed, I tremble for my country, when I reflect that God is just; that his justice cannot sleep for ever ; that, considering numbers, nature, and natural means only, a revolution in the wheel of fortune, an exchange of situation is among possible events; that it may become probable by supernatural interference! The Almighty has no attribute which can take side with us in such a contest."! In another place Jefferson exclaims : " What a stupendous, what an incomprehensible machine is man ! who can endure toil, famine, stripes, imprisonment, and death itself, in vindica tion of his own liberty, and the next moment be deaf to all those motives whose power supported him through his trial, and inflict on his fellow-men a bondage, one hour of which is fraught with more misery, than ages of that which he rose in rebellion to oppose ! But we must await with patience the workings of an * Writings, i. 14. t Jefferson, it is true, owned slaves himself; but, as is related by a well informed person, they seemed to belong to his family, were warmly clothed and well fed. —Warden, ii. 206. X Janson's Stranger in America, p. 381. 100 THOMAS JEFFERSON. overruling Providence, and hope that that is preparing the deli verance of these our suffering brethren. When the measure of their tears shall be full, when their groans shall have involved heaven itself in darkness, doubtless a God of justice will awaken to their distress, and by diffusing light and liberality among their oppressors, or at length by his exterminating thunder, mani fest his attention to the things of this world, and that they are not left to the guidance of a blind fatality."* In another letter to Mr. Cole, Jefferson says : " Come out for the abolition of slavery in the public councils, become the missionary of this truly Christian doctrine, advocate it with moderation but with firmness, associate others to your endeavors ; and when the phalanx is formed, bring forward your proposition, and advo cate it firmly until accomplished. — The idea, however, of a sud den general liberation of all, comes from such as possess neither knowledge nor experience in the matter." ' With regard to the Indians, Jefferson cherished no less the principles of true justice and wisdom. Thus he wrote in the year 1803 to the governor of Indiana : " Our system is to live in constant peace with the Indians, and to gain their sincere good-will ; while we, as far as reason permits, do every thing for them that is right, just, and liberal, and actively protect them from outrage on the part of our own people."! Nobly and enthusiastically as Jefferson expresses himself in his general observations on these topics, he was too much of a statesman ever to lose sight of the possible and practicable. He always retained the conviction that white men and Indians could not live at liberty together in one and the same country ; since nature, custom, and public opinion, had essentially separated them. Jefferson held the peaceful continuance of the great North Ame rican union to be the highest and most sacred of objects, and by no means thought it allowable to go beyond the forms of the Constitution, and, with a false democratic, or universally philan thropic enthusiasm, attempt to carry pretended laudable undertak ings into effect. On this subject he speaks his mind repeatedly, and especially in a letter to Jedediah Morse, of the 6th of March, 1822, which is so characteristic, that a communication of its contents seems almost indispensable for this and some ensuing chapters. " I have duly received," he writes, " your letter of February the 16th, and have now to express my sense of the honorable station proposed to my ex-brethren and myself, in the constitu tion of the society for the civilization and improvement of the Indian tribes. The object, too, expressed as that of the asso ciation, is one which I have ever had much at heart, and never *Raynor's Life of Jefferson, p. 142. t Hall's Notes on the Western States, p. 153. THOMAS JEFFERSON. 101 omitted an occasion of promoting, while I have been in situations to do it with effect ; and nothing, even now, in the calm of age and retirement, would excite in me a more lively interest than an approveable plan of raising that respectable and unfortunate people from the state of physical and moral abjection to which they have been reduced by circumstances foreign to them. That the plan now proposed is entitled to unmixed approbation, I am not prepared to say, after mature consideration, and with all the partialities which its professed object would rightfully claim from me. " I shall not undertake to draw the line of demarcation between private associations of laudable views and unimposing numbers, and those whose magnitude may rivalize and jeopardize the march of regular government. Yet such a line does exist. I have seen the days, they were those which preceded the Revo lution, when even this last and perilous engine became neces sary ; but they were days which no man could wish to see a second time. That was the case where the regular authorities of the government had combined against the rights of the peo ple, and no means of correction remained to them, but to orga nize a collateral power, which, with their support, might rescue and secure their violated rights. But such is not the case with our government. We need hazard no collateral power, which, by a change of its original views, and assumption of others we know not how virtuous or how mischievous, would be ready organized and in force sufficient to shake the established foun dations of society, and endanger its peace and the principles on which it is based. Is not the machine now proposed of this gigantic nature ? It is to consist of the ex-presidents of the United States, the vice-president, the heads of all the executive departments, the members of the supreme judiciary, the governors of the several states and territories, all the members of both houses of Congress, all the general officers of the army, the com missioners of the navy, all presidents and professors of colleges and theological seminaries, all the clergy of the United States, the presidents and secretaries of all associations having relation to Indians, all commanding officers within or near Indian terri tories, all Indian superintendents and agents ; all these ex-officio ; and as many private individuals as will pay a certain price for membership. " Observe, too, that the clergy will constitute nineteen-twen- tieths of this association, and, by the law of the majority, may command the twentieth part, which, composed of all the high au thorities of the United States, civil and military, may be out-voted and wielded by the nineteen parts with uncontrollable power, both as to purpose and process. Can this formidable array be 102 THOMAS JEFFERSON. reviewed without dismay ? And even the chosen functionaries of the government, in whom I otherwise cherish the most implicit confidence, here leave their official duties, act not by the laws of their station, but by those of a voluntary society, having no limit to their purposes but the same will which constitutes their existence. It will be the authorities of the people and all influ ential characters from among them arrayed on one side, and on the other the people themselves deserted by their leaders. " It will be said that these are imaginary fears. I know they are so at present. I know it is as impossible for these agents of our choice and unbounded confidence to harbor machinations against the adored principles of our Constitution, as for gravity to change its direction, and gravid bodies to mount upwards. The fears are indeed imaginary ; but the example is real. Under its authority, as a precedent, future associations will arise with objects at which we should shudder at this time. The society of Jacobins, in another country, was instituted on principles and views as virtuous as ever kindled the hearts of patriots. It was the pure patriotism of their purposes which extended their asso ciation to the limits of the nation, and rendered their power within it boundless ; and it was this power which degenerated their principles and practices to such enormities, as never before could have been imagined. Yet these were men ; and we and our descendants will be no more. " Is there no danger that a new authority, marching independ ently alongside of the government, may not produce collision, or wrest the object entirely from their hands ? And might we not as well volunteer to assist in the management of their for eign, their fiscal, and their military, as for their Indian affairs ?! Aud how many societies, auxiliary to the government, may we not expect to see spring up in imitation of this ? In a word, why not take the government out of its constitutional hands, associate them indeed with us, but insure them to be our own by allowing them a minor vote only ? Sincerely as I am con vinced of the integrity of its views, and highly as I respect many of its intended members, I am bound to say, that, as a dutiful citizen, I cannot in conscience become a member of this society."* All these statements and extracts were necessary in order to convey a more exact knowledge of Jefferson's character, and to show how exaggerated were the fears and how intemperate the attacks of his opponents when he first obtained the office of presi dent. Undisturbed by all this clamor, he adhered with firmness and moderation to the path he had prescribed for himself. His exertions were every where directed to the practice of economy, * It was on similar grounds that so many declared their opposition to the anti democratic tendencies of free masonry. t Writings, iv. 345. THOMAS JEFFERSON. 103 the diminution of the public debt, the suppression of unne cessary offices, the reduction of the standing army, and the formation of a militia, — all in the true republican spirit. When, after the savings that had been introduced and a stricter super vision of the administration of the finances, the revenue from the customs sufficed to pay all the expenses of the federal govern ment, all the inland taxes were abolished. It caused no regret to Jefferson, that by the- suppression of many offices his own patronage was diminished ; and in the same spirit he lived with simplicity, avoided external show, held no so-called levees, and even made no speech in Congress, but contented himself with written messages. During the four years of his continuance in office, Jefferson had shown so little assumption, his firmness and mildness had so thoroughly won the confidence of his fellow citizens, and more over his views respecting the further true course of development of the United States had met with such general acceptance, that in the year 1805, on his being chosen president a second time, 162 votes were cast in his favor, and only 14 against him.* As before, in his excellent inaugural address, he recommends mode ration and unity and the calming of the passions. " During this course of administration," he says, " and in order to disturb it, the artillery of the press has been levelled against us, charged with whatever its licentiousness could devise or dare. These abuses of an institution so important to freedom and science are deeply to be regretted, inasmuch as they tend to lessen its use fulness, and to sap its safety. They might, perhaps, have been corrected by the wholesome punishments reserved to and pro vided by the laws of the several stales against falsehood and defamation ; but public duties more urgent press on the time of the servants of the public, and the offenders have therefore been left to find their punishment in the public indignation. Nor was it uninteresting to the world, that an experiment should be fairly and fully made, whether freedom of discussion, unaided by power, is not sufficient for the propagation and protection of truth ; whether a government, conducting itself in the true spirit of its constitution, with zeal and purity, and doing no act which it would be unwilling the whole world should witness, can be written down by falsehood and defamation. The experiment has been made : you have witnessed the result. Our fellow- citizens have looked on cool and collected. They saw the latent source from which these outrages proceeded. They gathered around their public functionaries ; and when the constitution called them to the decision by suffrage, they pronounced their verdict, honorable to those who had served them, and consolatory * Writings, iv. 33. Kufahl, iii. 117. 104 THOMAS JEFFERSON. to the friends of man, who believe that he may and ought to be trusted with the control of his own affairs. No inference is here intended, that the laws provided by the states against false and defamatory publications should not be enforced. He who has leisure renders service to the public morals and public tranquil lity, in reforming these abuses by the salutary coercions of the law. But the experiment is noted to prove that, since truth and reason have maintained their ground against false opinions in league with false facts, the press calls for few legal restraints. The public judgment will correct false reasoning and opinion, upon a full hearing of all parties; and no other definite line can be drawn between the inestimable liberty of the press and its demoralizing licentiousness."* These internal conflicts would certainly have exhausted many another man to such a degree as to make him lose sight of the future amid the pressure of daily cares. But not so Jefferson ; he saw with prophetic eye the inevitable advancement, the lofty destiny of his country, and he determined to establish and secure it by all the means at his command. All the state taxes levied in the interior of the country were abolished as early as 1302, the expenses of the war department greatly diminished, the detested Alien and Sedition Laws repealed, thirty-three and a half millions of debt liquidated, the entire expenditure reduced a million and a half, and fourteen millions collected into the trea sury.! Let this be compared with what was done in Europe at the same time. — Jefferson knew how to make a prudent use of the ill state of affairs there. In the year 1783, the United States had been wholly excluded from the Mississippi and the Gulf of Mexico; and there were Americans who rejoiced at these natu ral, insurmountable barriers. Not so Jefferson and the inhabitants of the south-western states, which were continually becoming more active and powerful. If Spain or France were to close the Mississippi, and England the St. Lawrence, what means of communication would be left between the states of the interior, and what outlet would there be for their daily increasing surplus produce ? What Peter I. did for Russia, must also be done for North America ; the great water communications must be secur ed, and to attain this object it would be necessary not even to shun a war, for which the American dwellers on the Mississippi were already making preparations on their own account. Louisiana, or the region extending from New Orleans to St. Louis, and from the Mississippi to the Pacific Ocean, equal in size to all the states of the Union taken together, must, Jefferson asserted with equal courage and firmness, be gained for the North American republic ; its boundaries being thus established * Frances Wright's View of Society and Manners in America, p. 373. f Warden, iii. 489. THOMAS JEFFERSON. 105 unalterably and for perpetual peace, it will present the greatest and most magnificent theatre for the industry of centuries. Many federalists, opponents of Jefferson, inveighed against the idea as foolish and chimerical, declared its execution impossible, and lauded moderation, contentment, a praiseworthy self- restraint, and a holding fast to former simplicity and to what had already been obtained ; they prophesied the wasting of powers already insufficient for the great country they inhabited, unjust and unhappy wars, &c. &c. Jefferson did not allow himself to be disturbed in the least by this short-sighted and malevolent opposition ; but sagaciously watched the course of events, and boldly seized on the opportu nities that presented themselves. Louisiana, originally a French settlement, became in 1763 English, in 1783 Spanish, and in 1800 was given up to the conquering Bonaparte. Hereupon Jefferson declared, that the United States could in no wise suffer this, but must be masters of the Mississippi. If France should adhere to the plan of founding a great dominion in these regions, it would lead sooner or later to a war with that country and to the closest connexion with Great Britain. Jefferson wrote to Monroe, the American envoy in Paris : " On the results of your negotiations depend the future destinies of this republic. If we cannot make this acquisition in a peaceful way, we must prepare ourselves for war; it cannot be far distant."* Bonaparte perceiv ed that he could not protect Louisiana at a distance ; he wanted money, and he thought, too, that by a sale he would involve the Americans in a bitter war with the English. For sixty millions of francs the former obtained, in the year 1803, the second half of North America. Never were great wars averted in a more peaceful manner ; never for so comparatively small a sum had such wholly inestimable advantages been secured-! The objection of Spain, that, as Bonaparte had not fulfilled all the conditions, he had no right to make a further disposal of the country, was at first not attended to, and afterwards removed. Exploring expeditions were judiciously despatched by Jefferson into the newly obtained and in part wholly unknown western territory, and these confirmed his views and prophecies for the future-! Meanwhile the naval war between England and France, or rather the principles on which both of them acted with regard to neutrals, inflicted incalculable injuries on the Americans. " We consider," said Jefferson, " the overwhelming power of England * Barbe-Marbois, Louisiana, 261. Laws of the United States, i. 140. Writings, iv. 7. t In the Senate 24 were for, and 7 against the acquisition. Of the Representa tives, 89 were for, and 23 against it. I Lewis's Travels. North American Review, li. 96. Murray, i. 487. 106 THOMAS JEFFERSON. on the ocean, and of France on the land, as destructive of the prosperity and happiness of the world, and wish both to be reduced only to the necessity of observing moral duties. We believe no more in Buonaparte's fighting merely for the liberty of the seas, than in Great Britain's fighting for the liberties of man kind. The object of both is the same, to draw to themselves the power, the wealth, and the resources of other nations."* An incredible number of American vessels had been seized by both the belligerent powers ;! and by the English every sea man found in those ships and not born in America, had been pressed into their naval service. Remonstrances against the unrestrained exercise of despotic power of every kind, had no effect either in London or in Paris ;! to throw the American power into the scale of one or the other party, by making war, seemed unreasonable ; and to quarrel with both of them toge ther, would certainly have been still more senseless. The decrees of Berlin and Milan, as also the English orders in council, ren dered the trade of neutrals henceforth impossible ; and in this extremity of grievance, Congress resolved by a large majority, on the 22d of December, 1807, to lay an embargo on all ships, and thus put a temporary stop to trade. This measure, it is true, inflicted great injury on the belligerent powers; but they were not restrained by it from carrying out their vindictive plans. The stoppage of trade during the revolutionary war was indeed a similar measure ; but the extent of the intercourse, as well as the wants and circumstances of the country, had since become changed, and what was then regarded and performed as a noble sacrifice, was now looked upon by many as an abortive expedi ent, and created an opposition that compelled Jefferson's suc cessor, Madison, to adopt other measures. With the same cheerfulness and gladness as Washington, Jefferson, after the expiration of his second presidential term, retired into private life, and confuted all who had complained of and dreaded his unbounded, indomitable ambition. With respect to this he writes : " Never did a prisoner released from his chains feel such a relief as I shall on shaking off the shackles of power. Nature intended me for the tranquil pursuits of science, by rendering them my supreme delight. But the enor mities of the times in which I have lived, have forced me to take a part in resisting them, and to commit myself on the bois terous ocean of political passions. I thank God for the oppor- * Writings, iv. 173. t Barbe'-Marbois says (p. 397) that 2500 vessels were lost by the Americans in eight years ! X " France declared that we suffered the robberies of England with more patience than her own, and England that she alone had a right to plunder us." Bracken- ridge's History of the Late War, p. xix. THOMAS JEFFERSON. 107 tunity of retiring from them without censure, and carrying with me the most consoling proofs of public approbation. I leave every thing in the hands of men so able to take care of them, that if we are destined to meet misfortunes, it will be because no human wisdom could avert them."* " I have given up my newspapers," writes Jefferson another time to his predecessor Adams, "in exchange for Tacitus and Thucydides, for Newton and Euclid; and I find myself much the happier." But he by no means so withdrew himself from public affairs as no longer to take an interest in them. The foundation in particular of the University of Virginia, in Char lottesville, was the object of his most zealous exertions. The difference in political opinions which had separated him for a time from Adams lost its keenness ; their ancient friendship returned, and the correspondence between these two noble and venerable men is equally instructive and affecting. Jefferson had also dismissed his former misgivings respect ing Washington's leaning towards England and English aristo cracy since he himself had gained the day on contrary principles, and had proved his superior confidence in the people.! Par fr°m cherishing an overweening self-esteem, Jefferson says of Wash ington : " His integrity was most pure, his justice the most inflexible I have ever seen ; no motives of interest or consan guinity, of friendship or hatred, being able to bias his decision. He was indeed, in every sense of the word, a wise, a good, and a great man."! With these men was associated Jefferson's faithful friend of fifty years' standing, the wise Madison, the fourth president of the young and blooming republic. They cordially reciprocated each other's sentiments; and the difference in their political views, which in less generous natures would have led to a destructive, selfish enmity, had here a salutary influence in promoting the prosperity of their country and countrymen in manifold ways. With his friends and relations Jefferson lived in cheerful social intercourse on his estate of Mqnticello. To one of ihe latter he communicated, between jest and earnest, the following ten rules of practical life : 1. Never put off till to-morrow what you can do to-day. 2. Never trouble another for what you can do yourself. 3. Never spend your money before you have it. 4. Never buy what you do not want because it is cheap ; it will be dear to you. * Writings, iv. 126, 169. t Writings, iii. 328, 358. iv. 185, 493. X Sparks's Washington, i. 545. 108 THOMAS JEFFERSON. 5. Pride costs us more than hunger, thirst, and cold. 6. We never repent of having eaten too little. 7. Nothing is troublesome that we do willingly. 8. How much pain have cost us the evils that have never hap pened! 9. Take things always by their smooth handle. 10. When angry, count ten before you speak ; if very angry, a hundred. Until the eighty-third year of his age, Jefferson enjoyed uncommon health and strength of mind and body. But now they evidently declined, and the physicians foretold his speedy dissolution. When he expressed the wish that he might survive till the 4th of July, 1826, they declared that it would be impossi ble. But his ardent desire and his force of will wonderfully sustained him ; so that he lived till one o'clock on the 4th of July, .1826, — the same day and the same hour in which, fifty years before, he had signed in Congress the Declaration of Inde pendence of the United States, drawn up by himself. On the same day, a few hours later, died, in his ninetieth year, John Adams, his companion in labors, dignity, and age. On the same day, in the year 1830, died James Monroe, a third presi dent of the United States, and fifth in the order of succession. Jefferson died poor. Some unmerited misfortunes and a hos pitality moderate in its character, but frequently claimed by admirers and friends, had consumed his property.* Greater than the consuls of Rome, who despised riches only while the republic was poor, Jefferson (like many a noble American of the same stamps showed himself at the head of the greatest of all republics, according to Thucydides' expression used by Pericles, stronger than all possessions, and superior to wealth. When the government of Louisiana, a state to whose prosperity he had given a powerful impulse, heard of the circumstances just relat ed, they passed the following act: " Thomas Jefferson, after a life devoted to the service of his country and of human nature, has died, leaving to his children, as their only inheritance, the example of his virtues and the gratitude of the people whose independence he has proclaimed to the universe. The legisla ture of Louisiana, a state acquired for the Union by his wisdom and foresight, owes to him her political and civil liberty ; and, to perpetuate the remembrance of her profound respect for the talents and virtues of this illustrious benefactor, it is enacted by the Senate and House of Representatives of Louisiana, in gene ral assembly convened, that ten thousand dollars be transmitted to Thomas Jefferson Randolph, for the benefit of the family of * Register, 1827, p. 166. Tucker, ii. 488. RACES OF MANKIND AND SLAVERY. 109 Thomas Jefferson."* A like resolution was passed by the legis lature of South Carolina. The entire progress of mankind is never committed to the hands of an individual; but hardly ever has one man ventured and performed as much in this way as Thomas Jefferson. The veneration felt for the experience and institutions of Europe, the natural inclination towards what is customary and known, and the dread of what is unknown and unheard of, would perhaps have caused America (notwithstanding the essential difference in her circumstances) to permit herself to be forced or talked into adopting the worn out institutions of old Europe. The opposition raised by Jefferson and his friends excluded this pos sibility for ever, and put an end to the strife. Then, and not till then, was a new world for the historian and statesman really created ; and Jefferson remains the greatest, most active, and most peaceful republican of all that history has recorded. CHAPTER XII. THE RACES OF MANKIND AND SLAVERY. Slaverv in general — Justification of Slavery — Aristotle — Hobbes — Races of Men — Negroes, Mulattoes, Quadroons — Mind and Morals of Negroes — History of Slavery — Arguments for and against Slavery — Condition of the Slaves — Madi son's and Jefferson's Slaves — Ills of Slavery — Backward condition of the Slave States — Liberia — St. Domingo — Abolitionists — Channing — Laws of the States — Abolitionists — Emancipation, Indemnification — Jefferson's views — Partial Eman cipation — Defence of the Colored Men — Antilles— Arguments in favor of the Slave States — Congress — Missouri and Columbia — Internal Slave Trade — Manu missions — Labor of Whites and Blacks — Ascription to the Soil — Subjection to Tribute — Dangers and Prospects. Were it my intention to write a history of the United States, I should be obliged still to confine myself to the order of time. Their development however has not been, like that of so many other states, chiefly in an external direction and for the most part impeding and destructive, but has been, on the contrary, an inter nal, promotive, and truly progressive one — in a word, one which, with slight interruptions, has proved essentially peaceful. Hence, * Barbe-Marbois, Louisiana, n. 474. It is so much the more to be lamented that Jefferson's simple monument at Monticello should be in such a neglected and even ruinous condition. 8 110 RACES OF MANKIND AND SLAVERY. after having described the liberation and founding of the United States, the further account of them may be more suitably arranged according to subjects than by years or the changes of presidents. It is only after our survey has been more widely extended, and when the state of things both material and spiritual has become better known, that the dramatis personse will also appear to us in their true light and be more easily understood. No question is taken up by the friends of the United States with more anxious concern, or by their enemies with more reproving wrath, than that of slavery ; and now, after so much has presented itself to us in a brilliant light, it is necessary to examine into this dark or rather black side of American affairs, to explain its origin, ascertain its present condition, and contemplate its future pros pects, before we can prudently and safely proceed further onward. It will not answer either to condemn slavery unqualifiedly before hand and demand its unconditional abolition, or to look upon the fact as one which is natural and unalterable. On the contrary, the fact that slavery extends throughout the history of the world, compels us not to confine our observation to North America alone, but to set out from general principles, and to ask ourselves whether and in what manner that which is local and temporal can be regulated and judged thereby. Differences in mental vigor, moral dignity, and outward pos sessions, found and justify dominion and dependence among men. But since these differences never destroy personality, and convert a man into a mere thing, — and since every one is entitled and bound to social relations, and is not excluded therefrom like the brutes, — it follows that no man should have unlimited dis posal over another, or, in other words, that slavery is unnatural and rests on force alone. It is a relation in which all reciprocity is wanting; where the rights are all on one side, and the compul sory obligations on the other ; and where no means of dissolving this obligation is afforded or indicated by the law. This view is said to be contradicted by : 1st, history; 2dly, the teachers of law ; and 3dly, many of the most esteemed philoso phers. We reply : To objection 1st. From the mere historical existence of slav ery, it by no means follows that it is either natural or just ; other wise all the follies, crimes, and sinful practices that have crept into society, might be justified in a like manner. History shows us rather, that cruelty and wrong ever meet sooner or later with their just punishment. The revolts of slaves are more natural than slavery itself. To objection 2d. The Roman law seeks to establish and jus tify slavery in three ways : a. By the jus gentium. According to the law of nations, pri- RACES OF MANKIND AND SLAVERY. Ill soners of war become slaves. But this so-called national right is now allowed on all hands to have been a national wrong; and from the right of putting to death, which is founded only on imminent peril, no right of reducing to servitude can be deduced after the danger is past. b. By the jus civile. According to the civil law, he becomes a slave who sells himself to me as a slave. But for freedom and life there is, in the first place, no suitable price ; and every trans action of this sort involves an enormous wrong (lasio enormis). Secondly, the purchase-money, according to the notions of slav ery, usually goes at once to the master; so that in fact no com pensation whatever is made. Thirdly, a man has even still less right to grant to another a despotic power over his life than he has to kill himself. Fourthly, none but a person can make a contract ; but slavery destroys personality, and consequently it cannot proceed from a contract. c. By the jus naturale. It is said, Some are born slaves. If the two preceding props of slavery are unsound, this falls away of itself, and there is left no mode of origin but through force and injustice. To objection 3d. Aristotle says : " Wholesome as it is that the soul should rule the body, so wholesome is it that the master should rule the slave ; for the difference between the two is almost like that between the soul and the body. The master stands by nature pre-eminent in excellence, mental powers, and virtue ; while the slave uses only his body, and has merely sufficient intellect to comprehend that it is good for him to be governed."* I reply : The soul's dominion over the body is by no means an unli mited one ; on the contrary, there exists a reciprocity, a mutual influence exerted by the one upon the other. Neither is there an immeasurable difference as regards excellence between man and man. But even granting this to be the case, it would then be necessary to keep up a constant valuation of these differences, the results of which would to-day transport the slave into a mas ter, and to-morrow the master into a slave. Aristotle goes on to say, that he is by no means a defender of despotism and tyranny ; that where dissension exists between master and servant, the natural slavery maintained by him (which can manifest only friendship) does not exist ; and moreover, that a man of worth taken prisoner of war is not in his opinion a true slave at all. Now as this presupposed friendship scarcely ever exists, Aris totle's theory of slavery falls wholly to the ground. Nay, he in fact admits as much himself, when he says in another place : " If * Politica, i.4, 112 RACES OF MANKIND AND SLAVERY. there be virtue among slaves, wherein consists the fundamental distinction between them and the free ? And how can there be no virtue among slaves, seeing that they are still men and reason able creatures ?" This dilemma should have revealed to Aristotle in the first place the unnaturalness of slavery ; moreover, he was by no means blind to the actual evils that arise from it. Plato also makes mention of these evils and of the unnaturalness and dan ger of this relation ; but he calls for no abolition of it, but merely for a mild treatment of slaves* It has been maintained that the Bible and the Christian reli gion nowhere prescribe the abolition of slavery. But the exist ence of slavery among the Jews furnishes no model whatever for imitation in our times ; and if the New Testament contains none of the doctrines of the violent abolitionists, still less does it advocate the cause of the slave-dealers. How the command, " Whatsoever ye would that men should do to you, do ye even so lo them," is to be reconciled with slaveholding, it is not easy to conceive. It was the common opinion of the ancient world, that the greater the freedom possessed by some, the less must be that enjoyed by others. But with Christianity, the right and the recognition of personal freedom in the state, and of equality in the sight of God, were brought forward in so decisive a manner, that slavery can only continue to exist in opposition to the new doctrine that claims a release from it. Hence, too, the pretended arguments in favor of slavery brought forward by modern philosophers, are less consistent and appro priate than those of ihe ancients.! Thus Hobbes makes slavery originate in a contract, but allows to the master only, and never to the slave, a right to dissolve it. He contends that an injury can never be done to the slave by the master, since he has volun tarily subjected himself to the latter, and volenti non fit injuria. And along with this sophistry he has a large chapter on born slaves. Again, he maintains that if men should imprison and fetter their slaves, so as to show that they were not slaves wil lingly and by agreement, the latter would have a natural right not only to escape, but even to slay their masters ! Many other doctrines of modem law-teachers go no deeper into the subject : as for instance that virtue in slaves is indeed more difficult, but then it is so much the more meritorious ; — consequently in order to produce such virtue, all the other insti tutions of the state should be so adapted as to render virtue difficult. So, too, the maxim, that it is good to have slaves and so keep them out of war, because war is thus made less sangui nary, would lead us rather to turn all the citizens into slaves, * De Legibus, vi. 177. t De Cive, viii. 4-8. RACES OF MANKIND AND SLAVERY. 113 and thus after a novel fashion introduce perpetual peace into the world. Lastly, they say that the slave is better off than the freeman, inasmuch as he is released from many of the duties of citizens ; — but then cattle are better off still, and why not tie men up to the ox-crib at once ? It is not a subject of the slightest doubt for the philosopher, statesman, historian, and Christian of our day, that slavery and serfdom (the tyranny of the minority over the majority) are lo be condemned, and that a quiet and suitable dissolution of these relations is possible. This assertion, however, holds good in the first place only for men of the same stock, of the same race. But now arises the very important and very difficult question, whether it is also applicable to men of a different stock, of different races, or whether in this case other principles and another mode of proceeding can be justified. The view of some theologians, who connect the diversity of human races with the doctrine of original sin and a greater or less declension from God, can be of no practical use to us, inas much as the speculative questions respecting the how and the wherefore of this condition always remain unanswered. There is somewhat more precision in the question, whether or not all mankind descend from a single pair. The affirmative, which accords with the biblical narration, is usuallv held to be the most pious and religious. Naturalists, however, have very properly not allowed themselves to be deterred by this supposition from independent investigations. But while Rudolplii opposes the idea of a single Adam, and denies the degeneration of one race into others* Prichard and Johannes Mailer assert that all men are only varieties of one and the same stock, and that differences of color, size, &c. are never of so much weight and influence as to form separate species either among men or animals. Much depends, in the first place, on what is meant by species. If the power of inter-reproduction is sufficient to determine this idea, then doubtless all men belong to one species ; but this again does not establish a priori that God might not have created several pairs, whose posterity would be capable of reproduction with one another. The doctrine of mankind's descent from several original pairs does not by any means deny the unity of the human race ; any more than the descent from a single pair can disprove the exist ing diversity between men, or demonstrate their perfect corporeal, mental, moral, civil, and political equality. Many, especially theological writers, have sought to find a blasphemy, an impeach ment of the goodness and justice of God, in the assumption of a great and essential diversity in the races of men. But when they * Physiologie, i. 50-53. 114 RACES OF MANKIND AND SLAVERY. assume, on less satisfactory testimony, that God has created I know not how many classes of angels, why should there not be several classes of men ? Swans are different from geese ; cats cannot be trained like dogs ; by the noblest charger stands a wretched hack ; — and all without detriment to the wisdom and justice of God. Let us then leave the mazes of intangible and unfounded hypo thesis, to seek for aid and instruction in historical facts. In so doing we find that only the white race of men, and not the black and red, who here come under consideration, possess a history in the higher sense of the term ; and that, although among indi vidual white men and white nations great differences prevail, yet far greater ones are discovered between whites, negroes, and Indians. These latter have never formed a leading, dominant state, that filled and enlarged the history of the world ; only in a few solitary cases have negroes reached that height to which, as a general rule, every white man is capable of being raised. The physical difference, moreover, by no means consists in the color merely (when a white man paints himself black, it does not make him a negro) ; but also in the essentially different conformation of the head and of several other parts of the body ; so that a nobility graduated according to the color and form of the body has a far more natural foundation than the separating and op posing of men of the same stock on the mere ground of ancestry. Again, this diversity of race is shown no less in the mind than in the body. The negro, along with an uncontrollable sensuality, has less memory, foresight, and understanding than the white man, and single exceptions do not destroy the rule. If now we consider the physical and moral nature of the color ed people, i. e. the mulattoes, &c.,* this mixture of two races cannot in the first place be termed wholly unnatural ; the horror naturalis, or natural aversion, cannot be said to be wholly uncon querable. On the contrary the question suggests itself, whether a sort of men inferior in body and mind is actually produced by this mixture of races, and whether the new variety thus arisen may not also have its own peculiar value. By combining to gether the various characteristics of each race, might not a truly perfect whole be produced, and thus their several defects be obyiated ?! Did perhaps Adam occupy a middle place between * The several gradations of color are : 1. Whites ; 2. Negroes ; 3. Indians ; 4. Mu lattoes, from whites and negroes ; 5. Mestizoes, from whites and Indians ; 6. Samboes, from negroes and Indians ; 7. Terzeroons, from a white man and mulatto woman ; 8. Quarteroons, from a white man and a terzeroon ; 9. Quinteroons, from a white man and a quarteroon. — In Mexico the law places all classes on an equal footing; but in fact almost all the power is in the hands of the Creoles, or American descend ants of Southern Europeans. Miihlenpfordt's Mexico, i. 200-204. Encyclopaedia Americana, art. Mexico. t Almost all travellers praise the corporeal beauty and mental amiability of the RACES OF MANKIND AND SLAVERY. 115 white and black, and did that which was united in him after wards become separated among his posterity into harsh contra rieties ? It is certain that the mulattoes, although by reason of their white fathers they possess a mental superiority over the blacks (being squeezed in as it were between the two races), hold an unnatural and far from satisfactory position, which impels them to discontentedness and vice. Above all, experience shows that it is a delusion to think of ennobling the races by mixing and crossing them ; for the white race loses at least as much as the black gains. The mixture of races, too, which is common in Central America, where it is considered a mere matter of taste, has not produced the slightest improvement* The aversion between negroes and mulattoes is in general not less than that between blacks and whites! Mulattoes also seldom have children. That there are fewer lunatics and deaf and dumb among the slaves than among the free negroes is far from well attested, inasmuch as slaves who suffer from these in firmities are seldom placed in public institutions. Neither is it satisfactorily proved that slaves live longer than white men ; for the year of their birth is often uncertain, and they purposely make themselves out to be older than they are, in order to escape hard labor and excite compassion. Still, moderate labor, want of care, and simple food, contribute to keep them in good health ; while so many whites perish from dyspepsia, which prevails in America to a greater extent than in any other country. With respect to this asserted difference of races, it is objected : " If it be possible for the negro to be as moral as the white man, he can also make equal advances in knowledge. Somewhat more or less cannot decide on this possibility and on the general position which should be granted according to reason and equity." To this it is replied : " Negroes can certainly attain to the mo rality (or at least it should be required of ihem) which the laws prescribe for private life ; but of the grand morality of public political life they have no conception, and in this respect they stand even much more in need of guardianship than women and children. The greatest gain for them, on the contrary, is their quarteroons, especially in Louisiana. Other writers testify, on the contrary, that they are neither as handsome nor as well bred as the whites. But as custom and prejudice exclude them from honorable marriage, many of them (at least those of the poorer sort) are driven to a course of life which seeks to throw the appear ance of mental culture over their levity in other respects, and usually charms the ennuyeed traveller. The social connection into which many quarteroons enter with the whites is very defective and blameable from the very fact that it can be dissolved at pleasure on the part of the man, and the children are always regarded as illegitimate, * Stephens, i. 12. t Poussin, Richesses Americaines, ii. 412. 116 RACES OF MANKIND AND SLAVERY. subjection to a race of men of greater mental development and whose vocation it is to rule over the earth. Wherever different races of men have come in contact, this aristocracy has existed ; it is more natural, wholesome, and necessary, than the domina tion of priests, nobles, and soldiers." Even from these brief intimations it will be seen, that where masters and slaves (or serfs) were of the same race, as in ancient times and in Europe, the too long delayed amelioration or even abolition of this evil state of things, was a perfectly easy matter in comparison with the United States of North America, where different races have become involved in these difficulties. Let us begin with the history. Negro slavery in North Ame rica by no means proceeded from republican forms, neither does it stand in any connection therewith, as is seen from the fact that one half of the twenty-six states are free ; on the contrary, it was brought thither by Europeans, and England thought she had achieved something allowable and even great and praise worthy, when she obtained from the king of Spain, by the Assiento treaty of 1713, the exclusive right of supplying his colo nies with slaves, and obliged him to be content with taking some shares in this detestable trade* Even while the number of negro slaves in the North American settlements was still small, many perceived the lasting wrong and increasing danger of this traffic in human flesh ; but no proposition, no bill of the individual colonies for taxing, impeding, diminishing, or abolish ing it, received the sanction of the mother-country. On the 6th of April, 1776, Congress prohibited the importa tion of slaves ; an example not imitated elsewhere till a long time after. This decree, it is true, was not put into immediate execution in such a manner as to stop the introduction of slaves from Africa altogether ; although it has now for years had that effect. So much the greater was the increase of the negroes in the slave-states themselves. An opposition arose between those states which condemned slavery on moral grounds, and regarded it as unnecessary in a politico-economical point of view, and those states which laid greater stress on the natural differences between the races of mankind, and which declared slavery to be indispensable, because otherwise large tracts of land would re main untilled, and the most profitable kinds of cultivation must cease. It was declared, too, that it was above all impossible to carry on the cultivation of cotton, rice, and the sugar-cane, in the southern states of the Union by the labor of whites ; that here the connection between the two races was necessary beyond a doubt; and that the white man must guide and govern the black. —In reply it was alleged (although it had not yet been proved * Bancroft, iii. 232,411,415. Grahame, iv. 326, RACES OF MANKIND AND SLAVERY. 117 by long continued experiments) that white men might also be successfully employed on cotton and sugar plantations* It is certain that every while man dies who in summer passes only a night in the rice-swamps of Georgia and Carolina, while the ne groes never get sick there ; and my own experience has convinced me that the heat, even in the more healthy regions of the South, is so great, that white laborers must very soon perish. So, too, the white girls in a factory at Columbia, South Carolina, looked very sickly and miserable ; while the negresses on the contrary were healthy, strong, and sprightly. While the opponents of slavery, in order to strengthen their cause, detail a long series of instances of wanton tyranny and cruelty, the defenders of the system do not deny that such hor rors have really occurred in individual cases, especially in former times ; but they assert that a great deal is owing to pure inven tion, that some are raked together from times long past, and that self-interest and fear (even if not very noble inducements) cause the owners of slaves to treat them in the main so well and mildly, that, as their increase of itself demonstrates, they are in a healthy, comfortable, and contented condition.! A slave in Columbia, South Carolina, said to me in private: " There are good and bad masters, easy and hard labor; on the whole the treatment is milder than formerly, and the slave of a good master is far better off than the free negro who is left to himself. Religious principles and humanity are of more conse quence than general precepts, while there are so many obstacles to prevent their being carried out." If we compare the condition of the negroes in Africa and in North America, it cannot be doubted that on the latter continent they are both physically and mentally improved, and are in a far better condition than in their primitive home. Even where no mixture with the whites has taken place, the form and character of the head,! as also the whole carriage and movement of the body, are improved ; while their manner of life, employment, intercourse with the whites, the learning of a far more perfect language, &c. are not without an elevating and salutary influ ence : and thus Dr. Skinner says truly, in writing from Liberia, " Slavery exists in Africa in a far more dreadful form than in the United States."^ — There are certainly found here, especially * Hinton, Topography, ii. 205. Wappius, Die Republiken von Siidamerika, p. 147. t Southern American Review, October, 1843. Latrobe, ii. 15. Flint, Missis sippi, i. 528. Vigne, ii. 33. It is said that the French, the Irish, and planters newly arrived from the North, are severer masters than the native, habituated Southerners, or the moderate Germans, X Perhaps because a stop has been put to the deforming compression of the head. § Wilkeson's History of Liberia, p. 59. 118 RACES OF MANKIND AND SLAVERY. among the house-slaves, instances of the greatest fidelity and the fondest attachment, such as scarcely ever exist between masters and free servants. Many have refused the offer of freedom, or, after being set at liberty, have voluntarily returned to their old quiet and secure condition. When Madison, an excellent mas ter by the by, formed the noble design of giving liberty to all his slaves, they begged him to remain their protector, and not to change their ancient relations. — Respecting the reception of the much calumniated Jefferson on his return to Monticello from Paris, an eye-witness relates : " The negroes discovered the approach of the carriage as soon as it reached Shadwell, and such a scene I never witnessed in my life. They collected in crowds around it, and almost drew it up the mountain by hand. The shouting, &c. had been sufficiently obstreperous before ; but the moment the carriage arrived on the top, it reached the climax. When the door of the carriage was opened, they received him in their arms, arid bore him into Ihe house, crowding around, and kissing his hands and feet — some blubbering and crying — others laughing. It appeared impossible to satisfy their eyes, or their anxiety to touch and even kiss the very earth that bore him. They believed him to be one of the greatest, and they knew him to be one of the best of men, and kindest of masters. They spoke to him freely, and applied confidingly to him in all their difficulties and distresses ; and he watched over them in sickness and in health ; interested himself in all their concerns ; advising them and showing esteem and confidence in the good, and indulgence to all."* Although these justifications or excuses have their weight, — and that there is even much that is praiseworthy is not to be denied, — still the question returns, Should the slave be contented with a condition founded on unlimited obedience ; and ought he not rather to be educated for a higher existence? The whole tendency of the age, the greater publicity, and many other causes, doubtless conduce to a constantly milder treatment of the slaves. The wounds and scars too, spoken of in descriptions, are not always produced by the masters, but are owing, as several physicians testified to me, to fights, scrofula, and contagious diseases. But the alleged harshness and cruelty cannot be wholly denied, for the very reason that where despotism is per mitted, it will also be practised more or less. Besides, the grand question is not respecting the good or bad dispositions of indi vidual masters ; but has reference to the general laws of several slave states, which are prejudicial to the negroes, while they give the masters a literal right to the exercise of despotism in various ways. Thus, for instance, the power of the masters to inflict * Tucker's Life of Jefferson, i. 302. RACES OF MANKIND AND SLAVERY. 119 chastisement is usually very great, and the right of trying, judg ing, and punishing, is often confined to themselves ; while but few means are granted to the slaves of legally prosecuting their rights. In many places they are not allowed to testify against a white man, and are often still more severely punished for such an offence, together with every other kind of inequality and injus tice. Still there are some few states whose constitutions make it a duty to treat the slaves mildly, and where the white man is punished as well as the black.* The practice of despotism and injustice certainly blunts the feelings and natural sense of right of the masters; while reliance on the industry of others easily leads to indolence, love of pleasure, and extravagance. So that the question very naturally suggests itself, whether the whole system does not tend to debase and corrupt the masters even more than the slaves themselves. If we compare the condition of ihe free with that of the slave states,! we see at once that in a material point of view the latter remain far behind. The negroes multiply, it is true (though in this there is more of the dangerous than the agreeable) ; but nei ther rich nor poor whites emigrate to a slave state, for the latter do not wish to be mixed with slaves, and the former are unwil ling to be entangled in a false position in other respects. In 1790, the population of the Iree states amounted to 1,930,000 slave states " 1 ,394,000 In 1840, " free states " 9,782,000 " slave states " 4,793,000. From 1830 to 1840, the population increased : in the slave states 23 per cent. in the free states 38 " in Virginia 2 " in New York 39 Arkansas (slave state) had in 1S30, Michigan (free state) " " Alabama (slave state) " " Illinois (free state) " '¦" Kentucky (slave state) " 1790, Ohio (free state) in 1790 a wilderness, had in 1810, 230,000 ; in 1840, 1,549,000. Kentucky sent in 1802, 6 representatives; and in 1842, 10 representatives. Ohio " " 1 " " 21 These results, it is true, are produced by a variety of causes, as for instance, climate, fertility of soil, &c. ; but the most import ant, without doubt, are the contrary influences of slavery and freedom. Many complain that the African is every where * See, for instance, the Constitution of Georgia, iv. 12 ; of Alabama, vi. Slaves, 3; of Kentucky, Art. 7; and of Mississippi. t Thirteen states are now free from slavery : Maine, Massachusetts, New Hamp shire, Vermont, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, and Michigan. 30,000 in 1840, 97,000 31,000 " 212,000 191,000 " 337,000 147,000 " 476,000 61,000 1810, 325,000 1840, 597,000 120 RACES OF MANKIND AND SLAVERY. America's evil genius, and causes a state of things to spring up which is less suited to the times and more to be condemned than that which existed in the states of antiquity before the birth of Christ. The rapid increase of the slaves, in which short-sighted persons discern perhaps only an addition to their capital, en hances the danger. The opposition between the attackers and defenders of slavery daily augments, and with it the impatience of the slaves, the suspicions of the masters, the danger of dread ful revolts, of foreign interference, and of a dissolution and breaking up of the Union. We shall be better able to consider and comprehend what the slaveholders bring forward by way of correcting and mitigating these reproaches, when we have enumerated and closely exa mined the schemes that have been proposed for abolishing the evils denounced. At first we will mention a plan formed by some benevolent men for founding a colony in Liberia in Africa, as a place of settlement for free and liberated blacks from America. To this it was objected, that negroes would be as little capable of self-government in Africa as in America. There, too, it was said, they must remain essentially dependent on the whites, or else destroy one another. It is certainly no benefit, but a hardship, to transport well kept American negroes to Africa, where they will suffer from want of every kind, and find themselves worse off than before. The entire plan is deceptive, ensnaring, impracti cable, and dangerous ; for even were it possible in the shortest space of time to transfer any where a population of two millions of people, one half the United States would become a waste, while the white inhabitants would be completely stripped of their pro perty and reduced to beggary. After all their exertions for twelve years past, they have been able to transport only about 2500 negroes to Liberia, while during the same time 700,000 have been born in America ; which single circumstance is sufficient to cha racterize this well meaning plan as one entirely inefficient, and, as before said, incapable of being carried out.* Although these objections are for the most part well founded, the attempt cannot be called altogether a failure. On the contrary, a beginning has been made towards introducing into Africa a higher civilization, order and laws, and the Christian reli gion; and also to supplant the slave-trade, by a commerce lauda ble in itself and at the same time more profitable for all parties. All attempts to root out this shameful traffic by guarding the sea, have failed of success. It is on the land therefore that the struggle must be brought to a victorious close ; and if the loca lity of Liberia is too unhealthy for whites, the free negroes and men of color will take the firmer root. Since these have no * Statutes of South Carolina, i. 276. Abdy, i. 49. ii. 360, 390. RACES OF MANKIND AND SLAVERY. 121 prospect of ever obtaining consideration and fair treatment in the United States, they will perhaps become desirous of going to Li beria, as soon as the already favorable reports have become more widely spread, and so well authenticated that no doubt of their per fect accuracy can any longer be entertained.* But all the Ameri can negroes can never be transplanted in this manner lo Africa; indeed the majority of them will not consent to quit their new home. The attempt at sending negroes to St. Domingo has met with no approval or success in either country. Another idea, that of sending away all the young negresses, and thus leading to the extinction of the blacks, no one (to say nothing of its impracti cability) can recommend as either natural, mild, or human. So too the placing of difficulties in the way of marriage, would only increase the number of illegitimate children-! In view of these experiments and the difficulties atlending them, the slaveholders have declared with redoubled warmth, that the whole system of slavery has been historically, rightfully, and law fully established for thousands of years ; and that above all it is so interwoven with the entire condition of the slave stales, that it must remain unaltered as it is. Hence, they say, it has been unanimously agreed to by all parties since the founding of the Union, that Congress should not interfere at all in the slave ques tion, but must leave its solution entirely to the slave states. Men can never be suddenly converted by general laws; it is only through persons, through the masters, that the slaves can be beneficially operated upon. These circumstances and assertions of ihemselves necessarily incited and irritated the opponents of slavery more and more ; but their anger burnt still fiercer when slavery was introduced into the new state of Missouri, and retained in Washington and the Dis trict of Columbia, while the right of petition for abolishing it was denied as illegal and conducive to strife. All these reasons led to the union of the abolitionists, who demanded an immediate, unconditional abrogation of slavery and a complete equalization of blacks and whites, and who determined to carry out their views by every possible means. They adopted, as they said, the eternal prin ciples of right and the holy doctrines of Christianity as the guid ing star of Iheir endeavors ; but many in fact paid not the slight est regard to existing circumstances, opinions, and difficulties, and were wholly destitute of prudence, mildness, and tact. While they meddled with the internal affairs of the several^glave states, * Report on African Colonization, 1843. t To the marriage of negroes the legal consent of the master is not in all cases absolutely necessary; although it is usually obtained, and (so it is said) is only re fused in cases where afather could also refuse his consent. The children go uith the mother, and the husbard is allowed to pass his evenings and nights with his wife. The negroes are often more faithful to their masters than to their women. 122 RACES OF MANKIND AND SLAVERY. they printed and distributed an astonishing number of papers and tracts, and setup the doctrine, that in the prosecution of so sacred an object no regard whatever should be paid to consequences ; by this means they naturally excited the anger and apprehensions of the slaveholders, whom they represented as robbers and crimi nals, and thus made the condition of the slaves — now looked upon with double suspicion — worse instead of better. With regard to the excesses of many abolitionists, Channing, himself an ardent opponent of slavery, says : " They have fallen into the common error of enthusiasts, that of exaggerating their object, of feeling as if no evil existed but that which they opposed, and as if no guilt could be compared with that of countenancing or upholding it. The tone of their newspapers has often been fierce, bitter, and abusive. Their imaginations have fed on pic tures of the cruelty to which the slave is exposed, till they have seemed to think that his abode was perpetually resounding with the lash, and ringing with the shrieks of agony. They have sent forth their orators, some of them transported with fiery zeal, to sound the alarm against slavery through the land, to gather together young and old, pupils from schools, the ignorant, the excitable, the impetuous, and to organize them into associations for the battle against oppression. Very unhappily they preached their doctrine to the colored people, and collected these into their societies. To this mixed and excitable multitude, minute, heart rending descriptions of slavery were given in the piercing tones of passion ; and slaveholders were held up as monsters of cruelty and crime." In this state of things the planters, threatened with the loss of life and property, regarded every means as allowable that could help to ward off the threatened danger ; and the fanaticism in favor of slavery became as wild and unrestrained as that for free dom. This is shown by many, mostly recent, laws of the slave states ; on which account I will here furnish from them a few extracts. In Georgia, the legislature can pass no law relative to the manu mission of slaves without the consent of their owners. In Maryland, the abolition or modification of slavery can be proposed only by a unanimous resolution of both houses of the legislature,* and can never be carried into execution without full compensation to the masters. Free negroes are not allowed to settle there, and liberated slaves must leave the state ; though this last decree has not been put in force. In Kentucky, the legislature has no right to command the ma numission of slaves, without obtaining the owners' consent, and making them compensation. The latter may liberate their slaves, * American Almanac for 1839, p. 167. RACES OF MANKIND AND SLAVERY. ' 123 under reservation of the rights of their creditors, and on giving security that the freedmen shall never become a burden to the state. As other states command the emigration of free negroes, here their immigration is forbidden. Neither is it permitted to bring slaves as merchandize to Kentucky. No free colored per son can sell spirits to slaves : no negro or mulatto can testify against a white man. Slaves are to be treated with humanity ; they have a right to an impartial trial by jury. Slaves cruelly treated may be sold to another master, on information by a person well advised of the fact.* In South Carolina, a knowledge of its evils caused them to prohibit the importation of slaves from Africa as early as the year 1787, and afterwards also lhat from other states. Neither can free negroes or colored people immigrate into the state ; or if this for special reasons is permitted, they must each pay fifty dol lars a year. Free negroes that leave the state must not return. Manumission from slavery is allowed ; but it must be effected through a magistrate, and proof must be given that it is not done to get rid of the care of those who stand in need of assistance, and also that the liberated slaves are in a condition to support themselves. A person emigrating to South Carolina may take with him the slaves belonging to him for his own use ; but he must not bring slaves for sale, otherwise he will have to pay a fine of one hundred dollars for each slave, and the slave will be declared free. Whoever purchases negroes contrary to the legal regulations, must pay for each a fine of $500. Every free negro must furnish a surety for his good conduct ;! otherwise he will not be tolerated, but will be considered as a lawless vagabond and sold. No one can buy cotton, rice, maize, or wheat from a negro, under penalty of 1000 dollars and one year's imprisonment. No negro can possess fire-arms. Assem blies of negroes and colored persons must never be held with closed doors or between sunset and sunrise. Any one that distributes writings inciting the slaves to rebel, shall pay a fine of 1000 dollars and be imprisoned for one year. Negroes must not be taught to read or write. A white teacher will be fined 100 dollars, and be imprisoned for six months ; a colored teacher must pay 50 dollars, and receive 50 lashes. Congress has no right to extend its legislation to the means that may be used for bettering the condition of the slaves. I was repeatedly assured in South Carolina, that the laws respecting reading and writing, which had been passed in times of terror and excitement, had for the most part become a dead * Laws of Kentucky. Milder laws were passed by Louisiana in the year 1806, respecting the food, clothing, hours of labor, and punishments of slaves. t Statutes of South Carolina, vii. 331-468. vi. 239, 516. 124 RACES OF MANKIND AND SLAVERY. letter, and that even children and the members of families gave instruction to the negroes. When too the president of the United States wished to prohibit the transmission of violent publications through the post, Calhoun himself opposed it, because it would involve an unconstitutional restriction of the liberty of the press. He maintained that it must be left to each state to adopt the mea sures necessary to its safety; among which indeed the imposing of restrictions on an unbridled press might come to be included.* In many free states slavery is not only prohibited, but must never be introduced by any alteration in the constitution. Se curity, however, must be given for every freedman, that he shall not fall a burden on the community. It was certainly a gross piece of injustice that, according to the old laws of some stales, a white man who had had inter course with a black woman was let to go unpunished; while every black man who committed the offence with a white woman, with her own consent, was condemned to death-! In a hke spirit (and perhaps with reference to dogmatic and Old Testament views) there is elsewhere a talk of abominable intermixture and an impure posterity. — In Massachusetts marriages of this sort are indeed allowed, but none are contracted ; and it is said that the black women have applied to the courts to have this to them injurious permission revoked. In this non-amalgamation of the races there is presented an insurmountable obstacle to political equalization. Time and experience have cooled down the immoderate zeal of both parties : only a few planters hold to the doctrine that their laws and institutions, which they assume to be altogether faultless, must be preserved without any alteration whatever; and only a few abolitionists venture to prefer violence and civil war to a gradual, mild, and voluntary amelioration. One of the, most moderate and worthy of the abolitionists writes to me on this head : " A few years ago a split took place among the oppo nents of slavery, and the society no longer possess unity of feel ing or of organization. Of ihe 1350 auxiliary societies which were scattered throughout the United States, probably nine tenths are formally dissolved or have gradually come to an end; — yet their influence lasts even to the present day. During their exist ence, they effected a great alteration of public opinion in the country; and they ceased chiefly because their wish was accom plished, and because among so large a number differences of opinion naturally arose which prevented consistent and harmoni ous action. But the principal question which separates them is one of use and expediency ; namely, whether or no it is advisa ble to form a third political party, and give support to no candi date for office who is not an abolitionist." * Calhoun's Speeches, p. 189. f Laws of Kentucky, ii. 53. RACES OF MANKIND AND SLAVERY. 125 After these necessary statements, let us return again to a con sideration of the propositions which have been made with respect to the abolition of slavery. One of the first and most important questions here was, How are the masters of slaves to be indemnified ? Some zealots indeed were of opinion that, as no man can be the property of another, they had no claim whatever to indemnification at all, but must be glad if they were not pun ished as godless robbers. But as the planters, according to the existing and recognized laws of their country, were in possession, and it seemed senseless to attempt to carry out this view by force, they found it necessary to enter more accurately and mode rately into the matter. If we estimate the value of a slave at only 500 thalers on an average,* that of two millions (and their number has now risen to two millions and a half) will amount to the sum of 1,000 millions of thalers. To take these thousand millions at once from the owners, would be the greatest robbery ever recorded in history, and would inflict an indelible stain on the whole transaction. The next proposal, viz. that the slave owners should raise that sum and indemnify themselves, seems either a silliness or a mockery. If, on the other hand, it were desired to lay this enormous burden on the free states, it would not only be a horrible injustice, but would surpass all their present and future powers. The only expedient then that remains is, for the slaves (that part of them who gain their liberty) to pay off the capital of this indemnification money, or discharge the interest of it at stated periods, or give labor in return. But as this often times proved very difficult for the serfs of Europe under more favorable circumstances, the American negroes, for many pecu liar reasons, would thereby be brought into a still worse condition than before ; in fact it is wholly impossible to suddenly impose upon them this load of a thousand millions of thalers! m any way whatever. Since then the liberation of the slaves without indemnification to the masters would unjustly inflict utter ruin upon the latter, while an indemnity of a thousand (or as some say, two thousand) millions is not in any way to be procured, it seems to follow incontestably that the present state of things must continue. This clear conviction, as many assert, has at least this advan- * In the extreme south indeed, in consequence of the increasing demand, a slave is worth from $1000 to $1200 ; and the traffic thither from the more northern states is very profitable. Buckingham's Slave States, i. 235, 249. In the property-tax, on the contrary, the slaves are estimated at a much lower value; e. g. in Baltimore, a man between 14 and 45, at $125 a woman " 14 and 36, at 80 a child " 8 and 14, at 40. t A dollar is equal to 1J thalers. — Te. 126 RACES OF MANKIND AND SLAVERY. tage, that it casts aside all the nostrums commended and thrust forward by political and theological quacks. Before examining whether this wholly negative conclusion is actually the final and inevitable one, let us consider how emancipa tion (supposing that by some miracle the pecuniary difficulties had been surmounted) would operate in a political respect, and what consequences must ensue. To grant freedom, say the abolitionists, without full rights of citizenship, would in America be doing things by halves, and would by no means satisfy the negro freed from the fetter and the lash. In this manner, too, there would be created nothing but a countless rabble. We reply, that to bestow suddenly on the negro, who for the most part is incapable of self-control, not merely the civil rights of a European, but all the political and legislative rights of an American, — involves such an immeasurable leap, such a saltum mortale, as to render it as impossible as it would be for the indemnification money to rain down from heaven* Such a political experiment could be better attempted with all the white women than with the negroes. Nay, if all the rights and duties of American citi zens were suddenly conferred on the citizens of the most civilized European countries, they, from a greater or less want of habitua tion to the exercise of political rights, would fall into many errors and mistakes ; but the presentation of this gift to negro slaves, would prove to them the box of Pandora, which destroys both giver and receiver. It would be then far more difficult than now, to main tain peace and order ; and there would arise imminent danger that the most perfect condition of the whites would be made a sacrifice to the idolized blacks. Nothing can be more untrue, nothing more unjust, than to ascribe the non-liberation of the slaves solely to ill will, prejudice, and selfishness : and to pay no regard whatever to the objections made by the most free-minded men on the score of the difficulties which present themselves to their view. Thomas Jefferson (a greater republican than most of the oppo nents of slavery, and long an advocate for improving their con dition) writes with respect to other crude and hasty attempts : " The real question, as seen in the states afflicted with this unfor tunate population, is, Are our slaves to be presented with freedom and a dagger ? For, if Congress has the power to regulate the conditions of the inhabitants of the states within the states, it will be but another exercise of that power, to declare that all shall be free. Are we then to see again Athenian and Lacede- * Great praise is bestowed on Mexico for abolishing slavery ; but the number of negroes there is small, and there are far more Indians than Creoles. The labor of the Indians is cheap with respect to the wages ; but dear in reference to the work done. Stephens, ii. 306. RACES OF MANKIND AND SLAVERY. 127 monian confederacies ? — to wage another Peloponnesian war, to settle the ascendency between them? Or is this the tocsin of merely a servile war ?"* These declarations of Jefferson, it is true, seem to recommend the retention of the former state of things ; he was, however, by far too philanthropic and practical a man, not to have taken a look beyond the past and the present! He says with reference to the above : " The coincidence of a marked principle, moral and political, with a geographical line once conceived, I feared would never more be obliterated from the mind ; that it would be recurring on every occasion, and renewing irritations, until it would kindle such mutual and moral hatred, as to render sepa ration preferable to eternal discord." Since then a sudden and general emancipation presents such great difficulties with respect to property and political rights, many have proposed a partial, gradual manumission, or have advised that the new-born children of the negroes be considered freeborn. — But to this it has been objected, that where the labor of negroes appears neither necessary nor profitable, or where people wish to rid themselves of the old, the useless, and the infirm, eman cipation may meet with little difficulty, or rather with approba tion ; but that elsewhere it will always involve a considerable loss, which should not be imposed or forced upon any one. The same holds true of the emancipation of new-born infants ; besides which it would have the evil effect of creating a contrast and division between the parents and children, and many emancipa tions would doubtless excite the discontent of those not set at liberty, and increase the dangers of the white population. Lastly the free negroes, in consequence of the prevalent opinions and of the aversion entertained towards them, would be much worse off than those who were not liberated ; they would be mere slaves without masters, for whom no one would care. To this must be added, that after liberation they discard all foresight, and have neither the will nor the ability to take care of themselves. Hence Henry Clay exclaims : " Of all classes of our population, the free people of color are the most vicious."! To this it may be replied, that, when even in most of the free states a free negro or colored man obtains the rights of citi zenship only under very hard conditions ; when he is almost every where refused admittance into society, and is excluded from theatres, stage-coaches, and steamboats — nay, even in churches (excepting the catholics, who are more tolerant in this respect) is thrust aside as unclean ; when hatred, scorn, and tyranny pursue him, and all this is considered as natural and necessary as the position and treatment of the Pariahs in India ; * Hinton, i. 471, t See above, pp. 99, 100. 1 Speeches, i . 282. 128 RACES OF MANKIND AND SLAVERY. — what right have we to charge cunning, deception, laziness, malice, and crime solely on the black or mixed blood ? On the contrary, both reason and experience go to prove that these faults are for the most part the consequences of the civil institutions, laws, and manners of the country. Between the granting of all political rights, and the refusal of every legal and social favor, there could be discovered many intermediate degrees. And if this be not done, it is certainly just as natural for the free negroes and people of color to die off, as for the slaves to increase ; or for the former to emigrate to Canada, where laws and prejudices are less opposed to them.* The Americans have very often set before them (especially by Englishmen), as a model and example, what has been done for the slaves in Jamaica and some of the Antilles. It should not however be forgotten, that the circumstances of America and England are essentially different. In the former country over two millions of slaves are living in the midst of the whites, whereas England is thousands of miles distant from Jamaica ; there too not only civil equality but also the grant of political rights is demanded for the negro, which rights the dominant class of Eng lishmen in their own country deny to the greater part of their white fellow-citizens. Notwithstanding this discrepancy, and although experience as to the utility and recent effects of these measures is still par tial and unsatisfactory, it would certainly be a great error, nay, it is impossible, to thrust it all aside and close one's eyes against it.! Thus it is attested that the free negroes are willing to labor for moderate wages, that their moral condition is improved, that they are admitted into the society of the whites, and even appear with advantage among the civic and provincial authorities. In an official report on the negroes of Jamaica, Sir Charles Metcalfe says : " I think that no peasantry in the world have as much inde pendence, comfort, and enjoyment. Their conduct is peaceable, and in many respects admirable. They willingly attend divine service, contribute to the erection of churches, send their children to the schools, and provide adequate support for their ministers. Their morals have improved, and their temperance is remarka ble."! On the other side it is asserted, that emancipation has proved a complete failure, in so far that incomparably less is now produced by the free and often indolent negroes than before.§ Although this bright picture may also have its dark side, although a humane sympathy may have represented much in too * Poussin, Puissance Americaine, ii. 211. t Gurney, A Winter in the West Indies, pp. 48, 55, 62, &c. J Report on African Colonization, 1843, p. 1043. § " The labor of the negroes has proved far less productive, without offering the consolation of having improved their condition."— President's Message, 1844, p. 42. RACES OF MANKIND AND SLAVERY. 129 favorable a light, it still leaves a more agreeable impression on the mind, than when we hear it asserted, that slavery is absolutely necessary to the attainment of a high degree of civilization and freedom. The advantage obtained by the masters is less than the injury done to the slaves ; and the sum of civilization and of poli tical activity amounts to less than where all are free and at liberty to exert themselves. The following toast therefore, which is said to have been actually given, is opposed both to correct theory and to historical experience : " Southern liberty and southern slavery! — like the Siamese twins, inseparably united, and mutually depend ent on, and necessary to the existence of each other."* The allusion to the unhappy and unhealthy existence of the. Siamese twins, speaks but little in favor of slavery and its boasted union with liberty ; but instead of going into an examination of this and similar coarse and trivial sayings, it is just that we should show how even the opponents of slavery have elevated their views to a higher sphere and have corrected or at least made them intelligible.! Thus says the zealous preacher of abolition, Channing, in a letter to the defender of slavery, Henry Clay : " Nothing decides the character of a people more than ihe form and determination of labor. Hence we find a unity at the South unknown at the North. At the South too the proprietors, released from the neces sity of labor, and having little of the machinery of associations to engage their attention, devote themselves to politics with a concentration of zeal which a northern man can only compre hend by residing on the spot. Hence the South has professional politicians, a character hardly known in the free states. The result is plain. The South has generally ruled the country. It must always have an undue power. United, as the North can not be, it can always link with itself some discontented portion of the North, which it can liberally reward by the patronage which the possession of the government confers. The free states have no great common interest, like slavery, to hold them together. They differ in character, feelings, and pursuits. They agree but on one point, and that a negative one, the absence of slavery. In some districts it is hard to find representatives for Congress, so backward are superior men to forego the emoluments of their voca tion, the prospects of independence, for the uncertainties of pub lic life." Some of the Coryphaei of the South speak with still greater boldness. Thus Calhoun says : It is only in the non-slavehold- ing states that there exist parties (of about equal strength) that * Abdy's United States, i. 381. t Vierteljahrsschrift, 1838, iii. 113; and Murhard in Politz Jahrbiicher : —excel lent articles. 130 RACES OF MANKIND AND SLAVERY. advocate the cause of labor or capital against each other ; where as the slaveholding states are of one and the same mind. To dissolve the relation hitherto existing between blacks and whites, would be to destroy both. It conduces by no means to their unhappiness, but to their happiness ; and in thousands of years the black race has not made such physical, moral, and mental advances, as it has within a short period through its American position with respect to the whites, and that too without the lat ter's having sunk or degenerated. In view of the undeniable corporeal and mental differences between the two races, the pre sent position of the negroes is for themselves and their masters no evil, but a good. Ever since the dawn of history, one part of mankind has been obliged to labor for the other ; and among us the relation is more patriarchal and mild than in a thousand other places. Our so-called slaves are certainly better off than most of the nominally free factory operatives or the poor who are shut up in workhouses.* With respect to the negroes, say others, we do indeed form an aristocracy; but amongst ourselves there is only one class — that of planter. We form the purest democracy that has ever exist ed ; and we alone (since we are both consumers, and by means of our slaves producers, at the same time) are in a position to make laws in favor of the working classes of the North, who can never come into competition with us. A manufacturer or merchant of the North, who advocates the cause of wages or defends the poor, speaks against his own interest. The democrat of the South is not afraid of confounding himself by too great a free dom of speech with the laboring classes, or of even being out voted by them.! The producers of the South are dumb, and their reward is increased only in proportion to their obedience. Until now, only southerners have operated in favor of freedom; and with the exception of Van Buren and the two Adamses (which latter, without the opposition of the South, would have destroyed the Union in a few years), all the presidents of the United States have been southerners ; nay, what is still more, the peculiar heroes of the revolution, Washington, Jefferson, Madi son, Jackson, and others, were slaveholders. The liberty of the descendants of Africa in the United States is incompatible with the safety and liberty of the offspring of Europeans. And beneath the ruins of the Union would be buried, sooner or later, the liberty of both races.! You laboring classes of the North, who pay your wages but * Speeches, pp. 220, 230. t " A more humane, generous, and high-minded class of men does not exist than the southern planters." Kennedy's Texas, i. p. xxv. X Clay's Speeches, ii. 418. RACES OF MANKIND AND SLAVERY. 131 the slave states ? Who protect you against taxes and monopo lies, but we? And if you doubt our sincerity, come to us, and convince yourselves, that there are no paupers and no populace amongst us ; and that our slaves lead a happier and more con tented life 1han (to say nothing of wretched Europe) your own day-laborers and factory operatives, who toil for two-thirds of their existence that they may not starve the remaining third! On our estates we are patriarchs, in Congress the champions of unbounded freedom. Without us, you had long ago become slaves to your banks and speculating companies. The factory system of the North is a greater enemy to liberty than the slavery of the negroes. Among us there is no hatred like that of the poor laboring classes against the rich ; but sympathy and union. Our slaves are, so to say, members of our families, and we care for them as a part of ourselves. You, who labor fourteen or fifteen hours a day, and then sink exhausted to bed, do not know the value of liberty. You feel merely when you are oppressed, when you are in want of the commonest necessaries of life. We, on the contrary, know its entire value, are as free from degrading compulsion as from depressing cares, and have higher views for a nobler sphere of action. We never enter into jealous competition with you, or lender you (like the brokers of New York and Boston) a niggardly recompense for severe toil. We willingly grant you equal rights with ourselves ; we are the best members of a republican commonwealth. We need not to enrich ourselves with the sweat of your labor ; we slaveholders are the only unselfish democrats in the Union ! Such are the representations of the lordly masters, in the bold, grand style and feeling of the ancient classical world. But while they make an impression, and cast light into a region not before known or observed, the shadows which were spread over other portions of the picture are not diminished. We feel that a coun ter statement is possible on the side of the slaves ; that the noblest of all republics can no longer be founded on slavery par excel lence; and that even those who are averse to all dogmatic influences and disputes, cannot here deny that Christianity has a power and might of wholesome efficacy which tends to universal emancipation. When I now look back on what I have here stated as impar tially as I could, I feel as though I had been wandering about in a labyrinth, and had attempted to draw others uselessly into it. And have not the Americans indeed been for fifty years winding and unwinding this Ariadne's clue, without making any progress in advance ? and has all the talking and disputing been any thing else than a for the most part inefficient accompaniment to what the tremendous force of circumstances has produced and is daily still 132 RACES OF MANKIND AND SLAVERY. producing ? But does mere letting alone ever lead to satisfactory results? Is not every one who takes a hearty interest in these matters almost irresistibly impelled, in view of the past, the pre sent, and the future, to ponder them again and again, and to cast about — with or without success — for correctives ? Let me too then be permitted to make such an attempt. If we begin by taking a look at the forms of the Constitution, we see that the entire legislation respecting slavery is vested in the individual states ; and subsequently a resolution was adopted by a majority of votes (although lately again repealed) to the effect that Congress had no right to discuss or determine any question relative to slavery. With respect to this, Calhoun ob served: " No one disputes the general right of presenting petitions to Congress ; but Congress has both the right and the duty to reject them beforehand, when they contain matters on which it cannot decide at all." * But since slavery is a state of things not confined to any single state or shut up within its limits ; since even the free states are affected by it, while the laws passed in consequence (e. g. respecting emigration, immigration, settling, &c.) contradict one another and lead to hostile divisions, — is not the formal and real nullity of Congress as great an injury and an evil, as if, on the contrary, it had been intrusted with the sole de cision of all questions thereto belonging, with a complete disregard of the rights of the single states ? Would not the interpretation of the laws of the Union or an explanatory addition for extend ing the powers of Congress have turned out differently, had the slaveholders supposed that it would join in and support their views ? That a new-born state like Missouri should blindly embrace the curse of slavery, that a few slaveholders should be able to extend it over all posterity, that Congress itself on the birth-day of the new state should proffer the gift and not dare to with hold it, although aware of its deadly nature, — all this shows an unsound and evil state of things, which all counter arguments and reasons may explain, but cannot restore to a healthful con dition. So too it is not a mere incidental contradiction (contradictio in adjecto); it remains a substantial stumbling-block, — a grating, un resolved discord,' — that slaves in Washington, as they are dragged away by the dealers in human flesh, should chant in piteous mockery, " Hail Columbia, happy land !" that the District of Co lumbia, the seat of the noblest and greatest of republican go vernments, should be condemned by a resolution of Congress to remain a grand slave-mart to all future time. ! Here the indi- • Speeches, p. 200. t The city of Washington grants licenses (according to Mason, p. 174) for the slave-trade, tor 400 dollars. RACES OF MANKIND AND SLAVERY. 133 vidual parts have obtained a false preponderance over the central, vivifying power of the Union, and, instead of promoting gradual ameliorations, have rendered them impossible. Just as little consistency is there in the fact lhat Congress regulates the traffic in general, and stigmatizes the African slave- trade as a capital crime; while it suffers the American slave- trade under its very eyes, and holds this outrage to be right and just, because definitions are placed above eternal laws. Not only are the free states shocked at this circumstance, but even several of the slaveholding states have passed restriclive laws with respect to it ;* union and unanimity, however, are nowhere to be found. Even admitting that the holding of slaves is not to be interfered with, it does not follow that the sale of them should be permitted ; and in general the practice is not found to exist where, as in South Carolina, all the young slaves can still be employed and made use of. Where on the contrary, as in Vir ginia, their natural and irrepressible increase far exceeds the demand, and is extremely burdensome to their owners, the latter rejoice at the newly opened market in the southwestern states, which enables them to make money by selling human beings, and at the same time to get rid of a superfluous and dangerous population. That this is the best way of wholly freeing Kentucky, Virginia, and Maryland from slavery, is true only in case the breeding of slaves for sale is not regarded as a profitable business, and purposely carried on ; neither can the sale of individual criminals — a sort of transportation — be confounded with the trade in innocent slaves, or serve to justify it. Every where slave-dealers are hated and despised, and exclud ed from virtuous, respectable society ; for amid all the horrors and sufferings of slavery, the worst and bitterest is this heartless separation of families, whereby parents and children, brothers and sisters, are sold off into the remotest parts of the world, so that at the close of the auction they must all look upon each other as dead-! By doing away with this iniquity, the most heart-rend ing and inhuman of slavery's practices would be put a stop to, without ever materially affecting property, or giving rise to po litical dangers. With this correct feeling, the constitutions of some of the states (as e. g. Mississippi) distinctly intimate that, and prescribe the time when, this internal trade shall have an end. Far more difficult is it (and that we saw) to interfere with the holding than it is with the selling of slaves ; and above all it would seem utterly impossible to procure indemnification to the * In Kentucky, for instance, the importation of slaves as merchandize is pro hibited. t It is preposterous to liken these sales to the voluntary separation of members of a family. 134 - RACES OF MANKIND AND SLAVERY. amount of 1000 or perhaps 2000 millions of thalers. And yet it is very probable that the slaveholders themselves will be driven by degrees to a point, where this bugbear will lose the greater part of its terrors, and where their interests will coincide for the most part with the wishes of their opponents. When in several of the European states, and especially in Prussia, an alteration was discussed in many of the relations and burdens of serfs, tenants, vassals, and the like, a party advocated the retention of the existing state of things without alteration, on the ground of the immensity of the loss and the impossibility of raising the emancipation or indemnification money. And still the thing was accomplished, to the satisfaction of all parties. Might not the same or at least something similar be possible in America ? An important question which here arises, is that respecting the relative cost and value of the labor of blacks and whites. Sta tistical writers have calculated the time when the latter, in conse quence of the increasing population and competition, must become cheaper than the former ; and have joyfully predicted that then will slavery be wholly and easily abolished. To me, on the contrary, it seems that the difficult problem would by no means be fully solved with the occurrence of that event. For though I willingly allow that the free white man labors, produces, and accumulates more than the slave ; and though for the present I lay aside the important question, as to whether white men are able to perform every kind of work in all climates ; their successful introduction into the slave states would leave nothing decided respecting the future fate of the two millions of blacks. If these do not work more than before, the slaveholders will be ruined ; if the masters di minish their reward and maintenance, the slaves will find them selves worse off than before. If they let them go free as soon as they change from a valuable property into an expensive bur den, the so-called freedmen will stand in a deplorable position towards the shrewder and more dexterous whites. As soon as the slaveholder, in consequence of an increasing white population, reckons and must reckon among his outlays the capital and interest of the purchase money, the cost of food, lodging, and clothing, the care of the infirm and aged, the absconding of the refractory, the value of slave as compared with that of free labor, &c, the holding of slaves will no longer appear so cheap and advantageous as it is usually assumed to be. — Very gradual was the enlightenment of European masters in similar circumstances ; those, however, who first became aware of the truth managed by far the best, and served to the rest as an example. The experiments made in the Antilles, where, it is said, real RACES OF MANKIND AND SLAVERY. 135 estate rose greatly in value on the abolition of slavery, and the in demnification seemed almost a gift ;* the vast progress made by the free states of the West ; the far slower development noticed for some years in many of the slaveholding states ; these and the like facts, will have the effect of directing a constantly increasing attention to the subject, and of suggesting ameliorations, which should be at the same time reasonable and beneficial. As in the abolition of the internal slave-trade I behold the first great means towards an essential improvement of the existing state of things; so too I regard as the second, not by any means a sudden, forcible, and in fact impossible equalization of blacks and whites, — but, what is already in many places begun,! a gradual and voluntary grant of property in the soil. Offensive as it may sound, the introduction of a sort of serfdom, or glebes adscriptio, appears to me a measure which, while it avoids sud den social and political leaps, includes in itself a better condi tion, and prepares for one better yet. The former slave is then no longer a mere chattel, without any recognition of or regard for his personal rights, but stands on solid ground; he is no longer a piece of moveable properly to be sold at pleasure like a brute, but there is opened to him the possibility of acquiring something for himself: in fact, a man bound to the soil is in many respects better off than he who is bound to a machine. The objection, that by this means a feudal system, a feudal nobility, a new sort of property, would be established, seems to me of no great weight. For there is here no question of the oppressive prerogatives of great feudal barons, but only of the salutary and useful relations of patron and client; and if our feelings are opposed to institutions of this sort, still more are they to that of slavery properly so called. In conformity with these views are both the means and the objects proposed in a law of Kentucky, which says : Every proprietor is at liberty to determine, that his slaves and their pos terity shall descend to his heirs and their posterity, as a part of his freehold estate.! Another improvement connected herewith, and of the highest importance, has already been adopted in several cities, amongst others in Charleston. The masters namely allow many of their negroes to seek free employment for themselves, and to pay them out of their earnings a certain monthly sum. This forms the transition to emancipation connected with the obligation to pay tribute, and forms a counterpart to rural settlement. It is certainly not necessary that the boasted patriarchal relation should be put * Gurney, p. 54. Madison Papers, iii. 1263. t M'Gregor's America, i. 423. Martel's Briefe, p. 64. X Statutes, p. 1478. 136 THE INDIANS. an end to by the establishment of a better social condition for the slaves. Perhaps along with the grounds of discontent, the diffi culty of supervision and the danger of a revolt will also be diminished. With mild and humane treatment, the present and future condition of the slaves can never be as dangerous to the United States as many imagine. From exorbitant demands and selfish refusals, men will fall back to a middle, practicable course. The dissolution of this great Union on the score of the slave question would certainly be the grossest folly and the bitterest of misfortunes ; for both parties mutually need assistance from, and protect each other. It is certainly true, as I have already remarked, that the Euro pean abolition of the dependent relations between men of one and the same race was an easy matter, in comparison with the task which the Americans have to perform. But if, on the one hand, this task carries with it many cares, pains and sufferings ; on the other hand the necessary instruction and guardianship of the blacks, and their final reconciliation with the whites, offer an employment so noble, influential, and sublime, that the Ameri cans should testify with awe and humility their gratitude to Pro vidence for intrusting them with this duty also, in addition to the many others of the greatest importance to the progress of the human race. Were its performance really impossible, it would never have been imposed by an all-wise and all-gracious Creator upon his too feeble creatures. CHAPTER XIII. THE INDIANS. Nature and Origin — Property of the Indians — Indian Characteristics — Whites and Indians — Indolence of the Indians — Cherokees — Future Prospects. Several questions which we have already touched upon with regard to the negroes, recur on directing our attention to the North American Indians. * Whether we assume that all mankind are descended from one or from several pairs, it is certain that the * We do not speak here of the civilized Indians in Mexico and Peru, who mostly practise agriculture. Kennedy's Texas, i. 249. The monuments of Copan and other cities of Central America testify to the existence and industry of a race who far surpassed the savages of North America. These monuments, however, should not be over-rated : they are mostly without variety, tasteless, hideous, and supersti tious. THE INDIANS. 137 Indians are corporeally and mentally so very different from the whites and blacks, that naturalists and historians have properly designated them as a peculiar race. For although the different tribes bear their own national appellations, and make war upon and persecute each other in the cruellest manner ; and although they can be distinguished apart by those accurately acquainted with them ; still on the whole the same physical and moral cha racter runs through them all, and there are found amongst them no such complete and characteristic distinctions as are exhibited among the nations of the Caucasian stock. Every where we observe among the Indians the copper color, the coarse, straight, black hair, the brown eyes, and the prominent cheek-bones. The white nations, it is true, have also adopted for the purpose of embellishment a great many tasteless and ugly fashions ; these, however, relate mostly to dress, and there is now nothing but the use of corsets that stands on a level with the practices of savages. The means of embellishment adopted by the latter apply, almost without exception, immediately to the body. For this purpose they press their children's heads into a pointed or flat shape ; paint their faces green, yellow, red, or black ; tattoo the other parts of their bodies ; bore holes through their noses, lips, and ears ; and draw the latter by means of weights down to their shoulders.* There is every where revealed among them such an entire want of feeling for true beauty and art, that they even transform the admirable gifts they have received from nature into the vilest caricatures. Whether the Indians are autochthones sprung from the soil, or are immigrants from Asia ; whether a more civilized people pre ceded them, and whether the latter retired voluntarily or through compulsion towards the south, — on these topics much may be conjectured, but. very little proved. At any rate their degree of culture is so low, that it may well be indigenous ; and even in the grave-mounds raised by them or by older tribes, there are found only bones, shells, and stone weapons ; but nothing of iron or other metal. ! The numerous and often apparently independent languages of the Indians have been reduced by modern investigations to three essentially distinct mother-tongues. | They all exhibit a lively perception of the sensual, but are destitute of the finer develop ment for the spiritual. Some letters are wanting in one, and some in another, as for instance v,f, m. • Lewis's Travels, ii. 33: The portraits in the Travels of Prince Von Neuwied recall to mind the Jews ; yet no connection whatever can be proved. t Long's Expedition, i. 64. [In some of them articles of copper and even of silver have been found. See Trans, of Amer. Antiq. Soc, i. 161, 169. -Trans, of Amer. Ethnol. Soc, i. 400.— Tr.] X The Iroquois, Lenape, and Floridian— Collections of the New York Histor. Society, iii. 187. 138 THE INDIANS. As the Indians occupy themselves almost exclusively with the chase, and are attached to it alone, their domestic life is on that account necessarily disturbed and interrupted. Moreover polyga my is allowed and practised among them, and their treatment of their one or many wives exhibits in general nothing of the fancied mild and happy relations of mere children of nature. On the contrary, the women are forced to do the hardest work, and are treated like slaves. They see to bridling and feeding the horses, putting up and taking down the tents, packing and unpacking the effects, and cutting up the game that has been taken. They must dress the skins, make the clothes, and attend to the cooking; while the men, except hunting and fighting, do nothing at all ! Most of the tribes know nothing of bread, salt, or spices ; drink no milk ; and have, excepting a few most necessary articles, no property. And yet teachers of law and philanthropists are accustomed to assert that all North America is the property of the Indians, from which they have been driven by force and fraud. It is true that the titles to possession often set up by the whites — to wit, the first seeing and discovering of a country, the erecting of a flag, publishing in newspapers, and the like — are of very slight import ance, and have always lost their efficacy when opposed by a better right or a stronger power. But in fact it is difficult to perceive why the Indian title should be regarded as better founded ; why an entire continent should be and become the property of a few ravages, because they have perchance hunted, and perchance not, over immeasurable tracts ! In such wise, by such a distant and momentary taking of possession, a single man might have con verted the whole earth into his pretended property, and thus have rendered all settling and all progress impossible. Wild men and beasts must of right retreat before civilized man ; and the former have stil Heft for their scanty numbers a limitless space, on which hundreds of millions of industrious men could dwell and sup port themselves. God, say some semi-theologians, has given the whole land to the Indians ; to which it may be replied in like manner, God has taken it away from them. The land in truth was no man's land, a res nullius, inasmuch as it was by no means made a suitable use of ; industry and labor are found in the long run to be the only true means of founding and retaining property. As disgust at the defects and excesses of European civilization, or rather perversion, called forth animated eulogies on the South Sea islanders, so the interest taken in the outward fate of the North American Indians has produced a like effect. Praises have been lavished on their self-command, their hospitality, their simple energetic language ; in bodily endowments they have been represented as superior to the whites, and as almost equal to them THE INDIANS. 139 in mental capacity.* Others say more truly, that the germs of human capabilities are found equally amongst the whites and the Indians ;! but their smaller quantity among the latter is shown not only in individuals, it springs from their entire organization, and is characteristic of the whole race. More general and louder are the accusations of others, that the self-control of the Indian arises chiefly from insensibility ; and that a deep and durable feeling is exhibited only in the forms of hatred, revenge, and sav age ferocity.! And not only are these feelings entertained towards the whites who may have injured and defrauded them ; but their devouring and destroying fury is directed still more strongly if possible against their fellow-tribes. To scalp men and steal horses, is considered among them the greatest glory of a man, or Indian brave.§ It is an unjust reproach, to affirm that the whites are chiefly answerable for the degeneration of the Indians. The latter have learnt a great deal from the former ; and if they have not profited more, it is owing to their constant aversion to the use of foresight and regular industry, to settling down on the land, to cultivating the earth, and to social connections. No where else is there so clearly exhibited the truth of the proverb, that Idleness is the mother of want, vice, and misery. || One may, and with justice, censure the whites for defrauding the ignorant Indians, IT and sell ing them (in spite of severe prohibitions) ardent spirits, which moreover are often mingled with unwholesome ingredients ; but their unbridled passion for drink is their own fault, and if the whites on the contrary were to suffer themselves to be seduced into vicious practices by Indian productions, they could by no means be held guiltless on that account. Unhappily the laws against the traffic in ardent spirits are often but a dead letter: since there are no means for putting them into execution and seizing the spirits ; while to have recourse to the law is usually without effect, on account of the distance at which the courts of justice are situated, and the difficulty of procuring witnesses and proofs. A shirt received from the government and which costs three dollars, is often bartered away by the Indians for a bottle of brandy ! One may extol the Indians' love of independence and the cir- * Reise des Prinzen von Neuwied, ii. 134. t Bancroft, iii. 302. X Buckingham's Slave States, i. 253, 525. Murray's Account, i. 408: Schoolcraft, p. 98. Cox's Columbia River, ii. 382. Townsend's Sporting Excursions, ii. 14. § Long's Rocky Mountains. || The Indians of Mexico, who are altogether of a higher grade, are far more indus trious than those of North America. Miihlenpfordt, i. 238. IT In many states there are strict and excellent laws for protecting the Indians against frauds of every kind; yet they have not proved sufficient. 140 THE INDIANS. cumstance that they can never be enslaved.* But to them every regular government seems like slavery,! and their untame- able disposition is but a very partial advantage ; whereas the domesticated and laboring negro occupies a higher ground, and readily adapts himself to a change of circumstances. The condi tions of both these races of men involuntarily remind us, if the comparison be admissible, of untameable and tameable animals; at least here also the natural consequence ensues, that the number of the Indians diminishes, and their complete annihilation is fore- 1 old, while the negroes are daily increasing, and many white men are laboring for their emancipation and regard them as capable of a higher social existence. Even if many other causes might not be assigned for these phenomena, the obstinate adherence of the Indians to the hunter-life would explain the impossibility of a numerous, thick-settled population-! ^ again we doubt, as some do, that the number of Indians is very much diminished in comparison with former times, they have at any rate not profited by their contact with civilized nations sufficiently to improve their own condition and adopt new ways of life. Thus, for instance, while fire-arms, which were formerly unknown to them, were found useful in hunting, they also gave additional effect to savage feuds ; and scarcely ever was the beneficent plough placed by the side of the destructive rifle. As time advances, however, the implement of peace becomes constantly more powerful than the partially used weapon of war ; and to the exaggerated com plaints on the subject of driving back the Indians, we may oppose the question, What would have been gained for mankind, had they prevailed in America ? The answer is certainly simpler and clearer, than if one had to decide between the Romans and Car thaginians, the English and the French. If any people belonging to the white race had ever come into contact with one more highly civilized, how quickly would they have appropriated whatever was new and useful, what advan tages would they not have derived from the mutual intercourse ! With the Indians, however, trade has been a means of improve ment only by way of exception, while as a general rule it has prov ed the pathway to degeneracy. They became acquainted with new wants, without becoming willing to satisfy them by increased exertion ; and while corporeal enjoyments and sensual passions acquired a greater prominence, the mind remained stationary at its former low stage of development, or even sank deeper still. # Many Indians even hold slaves themselves. — Brackenridge's History of the War, p. 91. t Schoolcraft's Onedta, i. 14. X Bancroft, iii. 253. According to another summary, the Creeks number 24,000, the Choctaws 15,000, the Cherokees 25,000, &c. About 168,000 lived beyond the Mississippi, and 89,000 have been transplanted thither. THE INDIANS. 141 Wild hunters surrounded by husbandmen must either turn hus bandmen themselves or perish. While the former are striving to be independent and regard themselves as such, they are the most dependent beings in existence, and without protection even against hunger and cold. Labor alone makes independent. But this the Indians regard as vile and slavish ; and one of their commonest curses or denunciations is, May you be forced by hunger to till the ground ! Spaniards, Frenchmen, Englishmen and Americans, Catho lics and Protestants, Jesuits* and Methodists, have labored in the most praiseworthy and devoted manner to introduce Christianity among the Indians ;! but for the most part without any real and lasting effect. They usually accepted all that the missionaries related to them, but required equal credence for their own tra ditions and precepts. It certainly was injudicious to wish to initiate the Indians into the niceties of conflicting dogmas, and even to place before their eyes the unchristian brawls of the differ ent sects. The Indians needed an entirely different preparation for introducing them to genuine Christianity ; and we will will ingly hope that new and more judicious attempts may meet with greater success than heretofore.! This applies also to the instruc tion in reading, writing, and arithmetic ; which is of but little use to the Indians, and along with which quite other employ ments should be introduced and required. The endeavor to educate young Indians in schools and gymnasia has failed; even those who made good progress at first, either could not or would not change their untameable dispositions, and fled back to their native forests. When the very considerable sums which the Indian tribes receive from the United States according to former treaties shall have been exhausted, their wretchedness must redouble, unless they relinquish their present indolence. § The whole number now living beyond the Mississippi is reckoned at from 300,000 to 332,000 ; these can no longer disturb the internal quiet of the states, but may threaten them with a border war.|| Respecting the above mentioned facts and observations the Americans are mostly of accord ; but a difference of views and convictions was produced (as in the dispute on negro slavery) when the Cherokees quarrelled with the state of Georgia, within whose boundaries they resided. The Cherokees distinguished * Miihlenpfordt says (i. 226) of the Indians of Mexico : " Until now the introduc tion of the boasted civilization of Europe, with the Catholic form of the Christian religion, has been to them of but little use ; and even now there is hardly here and there to be discerned a trace of progress towards bettering their condition." t M'Gregor's America, ii. 331, 97. X Long's Second Expedition, ii. 246. $ State of the Finances, 1842, p. 12. || Finance Report for 1838, p. 18. 10 142 THE INDIANS. themselves essentially from the rest of the Indian tribes, and had unexpectedly made great and surprising advances in civilization. They cultivated the ground, made cotton stuff's, had stone houses, laws, magistrates, printing-presses, newspapers, schools, and churches* They demanded to be recognized for the future, as they had been long before, as an independent people living on the soil which had descended to them from their forefathers; and to be protected by the government of the United States. Geor gia, on the other hand, maintained, that to her alone belonged the right to regulate her internal affairs ; she could not endure the formation within her boundaries of an independent, every where obstructing, inimical state ; the Cherokees must adopt the insti tutions of Georgia and submit themselves to her laws, or emi grate. The Cherokees now sought assistance from the Supreme Court of the United States.! Georgia, they said, has arbitrarily and of her own power abolished all our laws, institutions, cus toms, &c. ; she declares our possessions, which were guarantied to us by the treaty of Holston, in the year 1791, to be her pro perty ; she neither displays to us the justice due to a foreign state nor to fellow-citizens ; she rejects all former provisions, accord ing to which any changes that might be requisite were to be introduced in a kind and peaceable manner; she does not allow an Indian to testify against a white man ; she prohibits our hold ing lawful assemblies, under penalty of four years hard labor ; and the same threat is held out to prevent us from working on our gold mines. Georgia, according to some statements, repealed a few of her harshest decrees, or postponed their strict execution ;! she ad hered, however, on the whole to the above demands, and denied the right of the Supreme Court to decide the dispute in question. The court annulled some of Georgia's decisions, but could not agree on the main question. § Investigations and discussions were gone into, to determine whether the Cherokees formed a separate, foreign state, or whether they should be regarded as a state of the Union ; whether similar circumstances had ever occurred in history before ; how they ought to be treated, &c. At length it was declared, by a majority of the members of the court, that, according ioform, they were not entitled to pronounce a decision, and must dismiss the appeal of the Cherokees ; although they did not intend hereby to express any opinion on the merits of the case. The minority (among whom were Chancellor * It is asserted, however, that all power was in the hands of a few educated chiefs, and that the masses were worse off than before. Register, 1830, p. 1120. t North Amer. Review, xxx. 62 ; xxxi. 139, 423. The Case of the Cherokee Nation, p. 282. X North American Review, xxxvii. 284. § Kent's Commentaries, iii. 383. THE INDIANS. 143 Kent and Judges Thomson and Story) maintained on the contrary, that it was necessary to go beyond the doubtful letter, to explain it in the right spirit, and not to sacrifice material right to unim portant forms. Georgia by her decrees broke all the treaties between the Cherokees and the United States ; and the consti tution and legislation of the Union must be miserably defective, if they afforded no relief against open despotism. When Gene ral Jackson asserted that the federal government could not assist the injured party, he was in error^ and the Supreme Court was by no means under the necessity of referring to his opinion, but was itself the proper place of first and last resort. Suppose the Cherokees are not a foreign state, suppose they are a corpora tion, or whatever else you will ; in no case are they destitute of rights, or subject to mere arbitrary power. To the remark of Judge Johnson, that he had nothing to do with the morality of the matter, as the discussion was only con cerning a question of law, it may be replied, that the question of law cannot be separated from considerations of morality, and that the immoral acts which had been committed (the violation of treaties and invasion of the rights of property) were likewise unlawful. Or if the formal reply of the court be approved of as such, the task of ascertaining what was right and just fell to the legislative power, to Congress ; for in the courts of Georgia, and against the will and superior power of that state, the Che rokees could obtain no redress whatever. President Jackson, in his message of 1831, expressed a noble sympathy on behalf of the condition and fate of the Indians : but their condition was not to be changed with words ; a legal decision or an open feud would perhaps have interrupted many an arbitrary proceeding, but could never have transformed the general state of things. All parties, from Jefferson to Van Buren, have been unanimously of opinion, that a complete amalgama tion of the Indians and whites, owing to the countless differences between them, is wholly impossible ;* and a mere outward com mingling, or living together, would only prolong and aggravate the evil, to which a decided separation or transplanting of them would put an end. " They have," said President Jackson, " nei ther the intelligence, the industry, the moral habits, nor the desire of improvement, which are essential to any favorable change in their condition. Established in the midst of another and a superior race, without appreciating the causes of their inferiority, or seeking to control them, they must necessarily yield to the force of circumstances, and ere long disappear."! As the European settlers had relinquished their original seats, * Amer. Quarterly Review, viii. 109. t Message of 1833. Annual Register, p. 424. 144 THE INDIANS. so could the Indians do likewise, and all the more easily, inasmuch as they left no monuments, works of art, historical recollections, &c. behind. Beyond the Mississippi were immeasurable tracts of land ; there the requisite possessions should be secured to them, the expenses attending their removal provided, advances granted to them, their support for the first year attended to, schoolmasters and ministers procured, &c. — The Cherokees, for 9,492,000 acres of land, received 13,554,000 beyond the Mississippi; and in addition thereto a compensation of $5,600,000 and $1,160,000 for provisions and other necessaries. From 1829 to 1838 the United States have fairly acquired from the Indians 116,349,000 acres of land,* and have paid or laid out therefor in many differ ent ways $72,560,000 — a sum that fully equals, nay, exceeds the value of the land, but which has often benefited only the Indian chiefs and their white associates.! Whether the Cherokees, like many other Indian tribes now settled beyond the Mississippi, will fall back into utter barbarism or become extinct, or will gain for themselves a separate inde pendent existence by virtue of the advantages above described, it is difficult to determine beforehand-! However the latest official accounts speak more favorably than before. According to them, the Creeks, Choctaws, and Cherokees may now be regard ed as husbandmen ; and in consequence of this important change in their way of life, there are gradually introduced among them laws, courts, juries, schools, and even political forms imitated from the American. The temperance societies already count many members; and since the time when doctrinal subtleties have not been exclusively pressed upon their attention, but have been brought into connection with other means of culture, they exhibit a regular progress in various directions. Bigoted clergy men, however, are still here and there to be found, who complain that the bulwarks of religion are utterly overthrown, because the Indians — play at ball of a Sunday ! But there are other and weightier defects, which cannot remain concealed from the impartial observer. Many tribes adhere to their repulsive rudeness and beastly intemperance. The high annuities which the American government pays for surrendered lands (as for instance $92,000 per annum to 2183 Foxes) seduce them into laziness and extravagance, and lead to frauds on the part of the chiefs against their tribes. Many improvident or dis solute whites marry Indian girls in order to share their income, the amount of which to their joy increases, as intemperance diminishes the number of the Indians. * The conduct of the Americans has certainly been milder and more peaceable than that of the French in Africa. t Calhoun's Speeches, p. 441. t Van Buren's Message of 1838. Casswall, p. 360. American Review, xi. 4. Buckingham's Slave States, ii. 101. IMMIGRANTS. 145 While some, in view of the constant savageness and unsocia bility of the Indians, prophesy their gradual extinction ; others conclude, from advances they have already begun to make, that they will yet attain to perfect civilization. The most unbiassed observers distinguish between the different tribes; they regard the destruction of the more savage tribes as inevitable, and deny that — praiseworthy as the progress of the better tribes may be— • they will ever be able to raise themselves to an equality with the whites. CHAPTER XIV. IMMIGRANTS. Nationality of the Americans — Immigrants, their Origin and Character — Germans and Irish — Native American Party — European Governments — Whither Emi grate ? — Advantages of the United States — Number of Immigrants. It is an established fact for the present and perhaps for all future times, that the negroes and men of color can never amalgamate or coalesce with the Americans into one people. Sometimes however the nationality even of the white Americans is disputed ; because they have no long magnificent past, no antiquity to look back to ; and because a conflux of many nations, a colluvies gen tium, excludes the possibility of a finished, independent, peculiar character. To this it may be replied : The European past belongs also to those who have transferred themselves to America; it is the foundation, the pervading thread of their civilization, and they take with them to the new world whatever is worth the taking. But in truth that weak and idle predilection in favor of a dead antiquity, which is so widely spread only because it is indifferent to the present and no longer trusts to the future, is wholly foreign to their ways of thinking. Again, it may be asked, Does not the mixture of several nations enlighten partial patriotism, prepare the way to higher forms of human development, and smoothe down rugged contra dictions, by its salutary and instructive influence? Servility, arrogance, and hatred (e. g. among the Christian sects) are doubt less then repressed ; and the highest wisdom is no longer sought in greatly prizing these feelings, but instead thereof union and 146 IMMIGRANTS. mutual support in state and church spring up into a new and higher existence, and with a power and a moderation hitherto unknown. To those who believe that in this way no progress is possible, we reply that the inhabitants of the North American republic are of one stock, the Germanic. For to the vast majority of English are to be added the nearly related Germans ; and the French and Spaniards are so few, that they cannot impart a different direc tion or form to the mass. The same holds true of the immi grants ; for great and increasing as is their number, the popula tion receives much larger accessions by domestic births, and the new-comers are soon blended with the majority. The number of emigrants from England to the United States was : in the year 1825, 5,500 persons, " 1835, 26,700 " 1836, 37,700 " " 1837, 36,700 " Next to the emigration from England and Ireland, that from Germany is by far the greatest.* The whole number of new comers amounted in the year 1833, to 59,513, " 1844, to 84,764; and, according to Tucker's estimates,! within the ten years from 1830 to 1840, to about 631,000 ; of whom, however, many emi grated again to Texas and Canada. Within fifty years, the popu lation has increased by immigrants and their descendants about a million. The whole number of Germans in North America is stated. at 4,886,632. Complaints have been made against the morals and character of many of the immigrants ; and a fear has arisen that they will convert North America into a sort of Botany Bay-! ^l *s lrue that many criminals, idlers, malcontents, and the like, seek here a place of refuge ; but their number is proportion ably very small, and bitter experience or punishment forces them to begin a new life in the new world. § The United States proffer to immigrants the noblest moral and political education ; and he who rejects it, who proudly considers himself above it, who trusts more to luck than to prudence and sagacity, who thinks to become rich without exertion, or perhaps to renovate and revolutionize mature America with superficial * There left Bremen in 1837, 14,700; in 1838,8,934; in 1839, 12,421 ; in 1840, 12,650; in 1841, 9,505.— Soetbeer, Hamburgs Handel, i. 174; ii. 121. t Report for 1S33, p. 33. X " America is a great vortex; it drags all the straws and chips, and floating sticks, driftwood and trash into it." — The Clockmaker, p. 39. § American Almanac for 1841, p. 82. IMMIGRANTS. 147 theories — will soon and rightly find himself deceived in his fool ish anticipations. On the whole the German settlers are highly commended as industrious, moral, persevering, and averse to novelty and change. Hence they are useful as a restraining, tranquillizing counterpoise to the unquietness of other inhabitants. But unhappily there are exceptions to this rule also. One German traveller relates how he was deserted and cheated by some of his countrymen to whom he had shown kindness ; and another mentions that a German clergyman in America said to him : " The German teachers here, like many of their countrymen, have acted like complete rogues. One ran away with a foster-daughter of mine; and another, a music teacher whom I had recommended, made off, after cheating a number of people and leaving many debts behind him : so that one is almost ashamed to speak German or to bear a German name."* While for my own part I heard no complaints against the Germans and nothing but praises of them, the reproaches cast upon the Irish were loud and frequent. The blending of this foreign stock with the Germanic, in America as in England, is certainly very difficult ; still even those who dislike them can not deny that on the whole they are industrious and contented, and in the second generation are scarcely to be distinguished from those of a different origin. Where, too, one considers what an immense leap it is from Irish bondage to American citizenship, one ought to hold them excusable, if in excess of joy at their newly acquired freedom they fall into a few errors and extrava gances. It is complained that they suffer themselves to be led and dictated to by their priests ; but it may be questioned whether this influence is more hurtful than that of many other dema gogues. Still more numerous than the rogueries of immigrants are the follies which they enact to their own hurt ; as for instance when one goes to America to teach Sanscrit, and another to get for him self the situation of butler to a prince, and for his wife the care of the plate. The laws respecting the naturalization of immigrants are not quite the same in all the American states : as a general rule, the renunciation of titles of nobility and a blameless residence of five years, are sufficient to make one a citizen of the Union. In several states however a shorter period of settlement (e. g. in Vermont a year, in Connecticut six months) suffices to acquire the citizenship of the place and state.! Every new-comer is at once permitted to purchase real estate. * Martel's Briefe, pp. 40, 186. Streckfuss, der Auswanderer nach Amerika, i. 58. M'Gregor's America, ii. 449. t American Almanac for 1838, p. 85. Jefferson (Messages, p. 100) was opposed to all excessive and tedious restrictions in this respect. 148 IMMIGRANTS. In recent times a party has been formed, chiefly in some of the sea-port towns, which takes to itself the name of Native Americans. Their object is to throw difficulties in the way of immigration, and they wish to prevent naturalization until after a residence of twenty-five years ; because, as they say, no immi grant can acquire the necessary knowledge in a shorter time, and a too early qualification of foreigners abridges and undermines the rights of native citizens* Even granting the truth of the loudly proclaimed and probably too well founded censure, that these views and doctrines proceed mostly from business jealousy, and religious intolerance (towards the Irish catholics), they still require a satisfactory investigation, and the movement might more properly be termed a European than a truly American one. When even in the dangerous times of the French revolution, the Alien Law was rejected as impru dent, unjust, and un-American, how can it now be sought, in quieter times and on weaker grounds, not merely to revive it, but to render it more severe ? In comparison with the immense number of native votes, those of the foreigners annually admitted to the rank of citizens are wholly insignificant and indecisive ; besides which most of them are divided amongst the different political parties. Again, if some few venture to vote, as it is complained they do, before the expiration of the time prescribed, the fault lies, not in the perfectly clear and satisfactory laws, but in the fact that the natives and magistrates are afraid to apply the laws, or wink at abuses in order to bring the majority of votes on their side.! Eet the natives bind and engage themselves to support these admirable laws ; but let them not for that pur pose surrender all the principles of American liberty, and in pre tended patriotic songs (as in Philadelphia) proclaim fire and sword against foreigners, and then put their own exhortations into effect. Time is not the only measure or the only source of a citizen's understanding and knowledge ; many a new-comer stands at once on a par with the natives as regards these qualifications, and what he will not learn in five years he will probably never learn at all. Moreover it is not intended, or at least is not possible, that every American citizen should fully comprehend the most diffi cult questions of political science ; confidence in the leading men of the country is always necessary, and it seems more commen- * In some places, as in Boston, there are stringent laws respecting the landing of paupers, sick persons, and lunatics ; although great difficulties must attend their execution. Societies for aiding immigrants have a beneficial effect and deserve great praise. t Judge Elliot in Louisiana sold 1700 false certificates of citizenship for $17,000; for which he was properly punished. It is asserted, however, that even in New York, out of 40,000 voters, only about a couple of hundred vote without having the right to do so. IMMIGRANTS. 149 dable to exhibit this in elections, than for each individual to thrust himself forward with his imperfect knowledge and try to decide all for himself. If all the immigrants entertained quite other views on impor tant topics (e. g. nobility, ecclesiastical matters, freedom of the press, and the like), if they rudely opposed themselves as a body to the Americans, there would then be some reason for complaints and counter measures ; but since they every where join the Ame ricans, and vote in the same manner as millions of native citizens, how can these latter lay claim to a sort of hereditary wisdom, and denounce foreigners of the same opinions with themselves as fools and knaves ? An enthusiastic desire is felt for the ac quisition of the Oregon territory, and complaints are made that such vast tracts of land should still lie uncultivated ; and yet this Native American party is recommending measures that secure to the bears and wolves a longer possession of them. Now what inducements would there be to immigration, what advantages would it present, if political rights were refused, the feelings of honor wounded, and every new-comer told that he must content himself for a quarter of a century with the worship of mammon ? It is true that Washington, Jefferson, and Madison, warned their countrymen against foreign influence ; but it is clear as day that by this they did not mean the influence of new American citizens. If possible it is still more preposterous, to hold up the monopolizing measures of the Venetian aristocracy as a model worthy of the imitation of American democrats. Some indeed, impelled by ignorance or passion, assert that one of the great American parties can suddenly convert and has converted whole masses of foreigners (contrary to the provisions of the law, and unnoticed or uncensured by their opponents) into citizens having the power to vote, and has thus gained the victory in the presidential contest ; but such an absurdity is not deserving of a serious refutation. I will merely remind the reader, that 40,000 new-comers per annum certainly bring with them a million of property, and their yearly labor is to be estimated at more than five times as much. And yet it is sought to turn away this importation, and send it to other countries. Most of the governments of Europe, notwithstanding their tendency to govern too much, have made but very few regula tions, and those for the most part absurd, with respect to emigra tion. Their only thought was to throw obstacles in its way, — nay it was regarded as a sort of crime, or else as an infectious disease ; while it was rarely that any thing was done or could be done to remove the causes that made the emigrants averse to a longer abode in their native land. Where the threefold pressure 150 IMMIGRANTS. of standing armies, enormous taxes, and ecclesiastical domination continues, many, even where there is no excess of population, will seek to better their condition by emigration. The spreading of the human race over the whole earth and the reducing of all the land to cultivation, is moreover a com mendable object, designed by Providence itself, and to which governments should lend a suitable degree of assistance, by causing accurate inquiries to be pursued in all directions, by disseminating information, and appointing honest men to pro tect the emigrants against error and fraud, &c. Emigrants are now exposed to countless deceptions, and that which, under judicious management, would have proved advan tageous to all parties, is ruined by follies that might have been avoided ; these are then made a pretext for general complaints against a useful and often necessary proceeding, and for Jere miads of the most singular and contradictory kind. Every emigrant should possess a courageous character, he must also be prepared for great exertions and bitter privations ; but if he gets through these with a sound body and strong mind, and knows how to adapt himself to his new situation, a rich return will seldom be wanting, and as a general rule he will find him self better off than before in his old home. It is singular and surprising that Europeans so often reproach the inhabitants of the United States with disregarding every thing lofty and intellectual, and thinking only of what is earthly and material ; and yet we find that in all the plans of emigra tion — whether proposed by high or low, by governments or so- called liberals, by philanthropists or speculators — these earthly and material features are always made prominent and highly extolled. Thus a fruitful soil, easy tillage, high wages, a pleasant climate, a good market, &c, are among the grand induce ments held out* But whether this mammon is to be sought among the serfs of Russia, the Bedwins of Africa, the convicts of Australia, or the anarchists of Central and South America, among Turks and heathens, or in the United States, — is regarded as a matter of perfect indifference, and is never taken into account. Blessings of inestimable value — such as the liberty of a North American citizen, his rights, his security, the estimation in which this great republic is held, the most unbounded reli gious freedom, perpetual peace, freedom from military service, and all that I have yet to spread before the reader's eyes — are as naught to those whose only desire is to raise corn, to eat bread, and to make money! But at least they ought to reflect that * The climate however is frequently not attended to, and many hot regions are recommended to which the German constitution is not so well adapted as to Penn sylvania, Ohio, and states similarly situated. IMMIGRANTS. 151 money-making in general is closely connected with these bless ings. Laws, rights, personal, civil, religious, and political free dom, which are hardly mentioned even as supplementary inducements, are in fact the main requisites, and are of greater importance than all else in augmenting population and wealth. Instead of this unhappy scattering of German emigrants over all the regions of the earth, let all unite in proceeding in one direction to found a new Germany; and let governments at length comprehend, that hereby they would lose nothing at home, but would really be gainers in numberless respects. As matters stand, up to the present time, German emigrants find already in the United States about five millions of their countrymen, and a thousand times more rights, more assistance, and more enjoyment, than they can have in uncivilized or wholly unsettled countries* Their predecessors have shown themselves capable and worthy of joining the great democracy, live in friendly unity with their fellow-citizens of the same great stock, and move restlessly forward hand in hand in the same honora ble career. * Out of 18,980,000 inhabitants, there are (in the year 1844) 4,886,000 Germans. Of these there are : In the state of Pennsylvania 889,000, out of 1,968,000 inhabitants. u Ohio 764,000 u 1,784,000 " New York 527,000 (( 2,641,000 « Indiana 309,000 " 783,000 ' (C Tennessee 281,000 U 921,000 ' a Illinois 267,000 " 633,000 ' In the city of Philadelphia 81,000 tl 301,000 ' u New York 63,000 (C 364,000 ' (c Baltimore 52,000 (C 164,000 ' (I Boston 23,000 (C 118,000 ' (C St. Louis 19,000 ct 37,000 ' a Cincinnati 17,000 [( 56,000 ' u Brooklyn 14,000 « 67,000 ' u Pittsburg 11,000 u 31,000 ' CHAPTER XV. POPULATION. Population — Materialism. There . was a time when the prosperity, riches, worth, and pro gress of a state were estimated simply according to its popula tion. But views have undergone such a change in several of the states of Europe, that complaints respecting over-population are now the order of the day ; individuals regard a numerous family as a misfortune, and governments would be glad to free themselves by mild and even by forcible means from the weight of this pressing evil and increasing danger. The former view was, it is true, a partial one ; but the latter, besides par ticipating in this defect, proves the existence of great social dis eases, the true and efficient remedy for which is by no means to be found in a diminution of the population. The decrease in the number of the people and the formation of great estates or latifundia in the Roman empire, were certainly no signs of im proving or returning health. Every addition to the numbers of mankind is an increase, a blossoming of the intellectual ; and to the intellectual is committed the task of finding out and indicating the ways and means for sustaining the corporeal. If this for many reasons is more easily accomplished in America than in other older countries, it may be disputed whether there is any merit in this condition of superiority ; but it certainly is a hap piness, and a proof of vigorous and pleasing youth. The history of the world knows no country of equal size where within a brief period the population has increased so regularly and to such an extent as in the United States. The simple figures are here so eloquent and instructive, that we must present at least a few from the countless mass. The entire population amounted, in the year 1780, to 2,051,000 « " 1844, " 18,980,000* The vast progress made of late years is exhibited most conspicu- * And furthermore in the year 1790, to 3,929,000 1800, 5,309,000 " 1810, 7,239,00.0 " 1820, 9,638,000 1830, 12,858,000 " • 1840, 17,062,000 Of this last sum there were 7,249,000 white men, 6,939,000 " women, 386,000 free negroes and people of color, 2,487,000 slaves. POPULATION. 153 ously in the immense valley of the Ohio and Mississippi. Thus in fifteen years the population has increased in New England about 221 per cent. the middle states 382 " the southern " 226 " northwestern " 5,654 " southwestern " 6,174 " This difference of increase is owing to very various causes ; such as freedom or slavery, fruitfulness or barrenness of the soil, im migrations and emigrations, &c. It is only in two states, South Carolina and Mississippi, that the number of slaves exceeds that of the free persons. During the last twenty years, however, the latter have increased faster than the former, which gives rise to pleasing anticipations for the future. The increase between the years 1830 and 1840 was : of the entire population 32.67 per cent. white " 34.66 " free people of color 20.88 " slaves 23.81 " entire colored population 23.04 " The state of New York numbered, in the year 1702, 20,000 inhabitants " 1840,2,428,000 " * The state of Kentucky, not discovered till between 1766 and '70, had before 1775 no white inhabitants ; in 1840 it had 779,000. The state of Alabama^ had in the year 1800, 2,000 inhabitants " 1840, 590,000 " The state of Ohio had in the year 1790, 3,000 inhabitants " 1840, 1,519,000 The population of the several cities has augmented with the Of the entire adult population there are employed, in agriculture one in i\ manufactures " 21 J commerce " 145 learned professions " 261 ocean navigation " 304 internal do. " 516 mining " 1122 Of these there live in the six New England states 675,000 six middle states (including the District of Columbia) 1,251,000 five southern states (including Florida) 1,073,000 five southwestern states 713,000 eight northwestern states (including Wisconsin and Iowa) 1,085,000 * Furthermore, in the year 1731, it had 50,000 inhabitants 1771, " 158,000 1800, " 586,000 " 1830, " 1,919,000 t Flint's Mississippi, i. 482 ; ii. 315. Amer. Almanac for 1844, p. 206, Hinton, ii. 563. 154 POPULATION. like rapidity.* " How many inhabitants," asked a traveller, " does this city contain ?" " Five hundred." " How old is it ?" " Twenty-three months."! The population of London increased in 30 years, 70 per cent. ; that of New York, 235 per cent. Sixty years ago there lived on the other side of the Alleghanies fifteen thousand souls ; their number is now five millions. The size of the different states increases from Rhode Island, containing 1340 English square miles, to Virginia, which con tains 64,000 ; and their population from that of Delaware, amounting to 78,000, to that of New York, which numbers 2,428,000. In Michigan and Missouri, there are from five to seven persons to a square mile ; and in Massachusetts, about one hundred. Even when the United States shall number two hun dred millions of inhabitants, they will not be as thickly settled as Massachusetts is at present ; consequently the prospects are well founded of a rapid increase for many years to come. In Mexico, amidst great natural advantages, the population increases but very slowly-! '^e reasons, says M'iihlenpfordt (i. 198), are to be found in the operations of the restrictive policy with which Spain oppressed her colonies in the civil wars, pro- * The inhabitants of the following cities numbered, 1790. 1800. 1810. 1820. 1830. 1840. 1844. Baltimore 15,000 26,000 46,000 62,000 80,000 102,000 164,C00 Boston 18,000 24,000 33,000 43,000 61,000 93,000 118,000 Cincinnati 750 2,300 10,000 25,000 46,000 56,000 Louisville 800 1,357 4,000 10,000 21,000 St. Louis 5^00 16,000 19,000 Mobile 1,500 3,000 12,000 New York 33,000 60,000 96,000 123,000 203,000 312,000 364,000 Brooklyn (suburb) g7 qqq Philadelphia 45,000 70,000 96,000 119,000 167,000 228,000 SOljooO Buffalo ..... in the year 1825, 2,300 18,000 In the year 1840 the population of the following cities was : Albany 33,000 Charleston 29,000 Washington 23,000 Providence 23,000 Pittsburgh 21,000 Lowell 20,000 Rochester 20,000 Richmond 20,000, &c About one eighth of the population live in cities of over 2000 inhabitants t Reed, i. 114. Chevalier, Voyes de Communication, i. 13, 83. X In Mexico, whose population is estimated at between nine and ten millions the several classes of inhabitants bear an entirely different proportion to one another from what they do in the United States. There are reckoned (Kennedv's Texas l. 7) to be : * ' Pure Europeans from 10 to 20,000 Cre°les 1,000,000 Mestizoes 2,000,000 Mulattoes 400,000 Negroes , 100,000 Indians 3 to 4,000,000 Samboes 2,000,000 AGRICULTURE. 155 scriptions, celibacy of the priesthood, the numerous convents, the neglect of children, epidemic diseases, &c. Notwithstanding the prevalence of the yellow fever in many of the sea-port towns, and the unhealthiness of swampy or too thickly wooded regions, the average duration of life in the United States seems to be not lower than that of Europe. Rapidly as the number of inhabitants increases, it can still be maintained with certainty, that the growth of capital far outstrips that of the population ; and nowhere has such ocular demonstration been afforded as in America of the proverb, Mens agitat molem. That which in this tendency is termed materialism and mecha nism, has not shown itself as obstinate, presumptuous, intolerant, dangerous, and cruel, as fanatical spiritualism and mysticism ; hence on both sides it is necessary to separate the gold from the dross. The spiritual developes itself in the mass in proportion as it becomes master of the material, and satisfies the indispensable outward wants and aims in a shorter time and with better and easier means. Thus mechanism liberates the mind, procures leisure, and releases from mere corporeal exertion ; not however to resign itself to luxurious indolence, but to begin labor in higher and nobler paths. The more the North Americans acquire the mastery over nature, the more powerful become their minds. Nature has been far more prodigal of her gifts to the South Americans ; but they, often despising so-called material industry, have made no pro gress in the path either of outward or inward improvement. Men must not only be counted ; we must also examine into what they accomplish, and how much the result of their exertions is worth. To such an investigation let the foregoing remarks serve as a clue. CHAPTER XVI. AGRICULTURE. Grain, Horticulture, Culture of the Vine— Sugar, Rice, Silk, Tobacco, Cotton- Produce and Improvements. In a country of such great extent and diversified climate as the United States, the working of the soil must be very various, and of such a kind that a judgment and estimation of the process without the closest observation of local and personal peculiarities, 156 AGRICULTURE. would be wholly incorrect. At least we must not lose sight of some few essentially important points. These are : 1. That a principal object is, to obtain the greatest returns with the least labor ; for the laborers are so scarce and wages so high, that it is necessary to employ quite other means and follow other modes than in countries where wages are low and laborers plen tiful. 2. The land is mostly very cheap ; it consequently yields of itself no rent, and is tilled almost exclusively by the proprietors. The class of farmers, intermediate between that of proprietor and laborer, has developed itself but. rarely ; iHs also of no advantage, especially in the free states, to acquire and cultivate great tracts of land, except for the purpose of soon selling them again. 3. The North Americans too are certainly, next to the English, the greatest trading people in the world ; but this has often been erroneously so understood and explained, as to mean that the inhabitants of the United States consist almost exclusively of trad ers and shopkeepers smitten with the love of gain ; whereas by far the greater part cultivate the ground, and six sevenths or per haps nine tenths of all exported articles are the produce of the soil. By the cultivation of all known sorts of grain, not only are the daily increasing inhabitants provided with a sufficiency of food, but there remains also a considerable surplus for exportation. Nay in Boston, between 1795 and 1834, and in contradiction to the theory of Malthus, almost all the articles of food, as wheat, rye, barley, rice, fish, meat, coffee, tea, and sugar, became cheaper. Horticulture is injuriously affected by the rapid changes of the climate, heat, drought, and cold ; yet the great advances which have been made are quite evident. Thus from the rich produce of the orchards of Massachusetts, New Hampshire, &c, a great deal of cider is made ; and perhaps nowhere in the world are there so many peaches as in New York and New Jersey. In New Hampshire, he who injures or destroys trees is fined ten times their value.* And also in regions which are richer in trees and forests, experience has shown that the practice of burning down the trees and leaving the stumps, is neither the cheapest nor the most convenient mode of preparing land for tillage.! The culture of the vine has been attempted at Vevay in Indi ana and in Kentucky (from grapes of the Cape of Good Hope) ; a pleasant wine is also made by the Jesuits, at Georgetown, near Washington.! * Laws of New Hampshire, 1834, p. 167. t M'Gregor's America,ii. 57. j Ernst, Bemerkungen auf einer Reise in Nordamerika, p. 42. Hinton, ii. 214. AGRICULTURE. 157 Maple sugar* is obtained in great quantities in Vermont, Vir ginia, Pennsylvania, Maine, Ohio, and Kentucky. Sugar has also been procured from corn-stalks ; but it has hitherto been found difficult to crystallize. The sugar-cane may be planted to advantage as far as the 31st degree of north latitude, in Georgia, Florida, and Louisi ana-! 1'he last-mentioned state produced in 1810 about 10 millions, and in 1838 over 100 millions of pounds. Orange-trees and date-palms north of the 30th degree of lati tude are liable to suffer from the frost. The rice culture is extended throughout the Atlantic slave states. In the year 1840, South Carolina produced 26,964,000 kilogrammes; Georgia, 6,099,000 ; Louisiana, 1,802,000, &c! The silk culture is making considerable progress, and in many states is encouraged by bounties ; but there is a want of persons sufficiently acquainted with its management, and the wages for the necessary hand-labor are very high. Experiments made with different sorts of mulberry-trees and silk-worms have led to useful discoveries.^ — The cultivation of the tea-plant and olive- tree has been commenced in many places ; with respect to the latter at least, the prospects are good. The principal seat of the tobacco culture, performed by slaves and exhausting to the soil, is Virginia. There were exported on an average, || from 1772 to 1775 annually 99,000,000 pounds. " 1776 « 1782 " 86,000,000 " « 1815 " 1835 " 99,000,000 " Thus the exportation of raw tobacco has not risen on the whole ; but that of manufactured tobacco and snuff has. The domestic consumption in America has increased still more ; so that there is reckoned three times as much per head as in England, and eight times as much as in France. Nay, it is asserted lhat the value of the tobacco consumed in New York exceeds that of all the bread used there. No branch of agriculture has made such great progress as that of cotton-planting. In the year 1784, a very trifling quantity was sent out by way of experiment to Liverpool ; in 1793, the export amounted to 487,000 pounds ; in 1803, to 41 million pounds ; in 1823, to 174 millions ; in 1833, to 325 millions ; in 1841, to 530 millions.TI From a single pound of cotton a thread can be # A large tree furnishes in the spring from 10 to 15 pounds of sugar. Warden, i. 449. Buckingham's Eastern States, i. 157. t Ferry, p. 74. Encycl. Amer., art. Louisiana. Buckingham's Slave States, i. 307. J: Poussin, Richesses Americanes, ii. 290. § Hinton,ii. 210. Hamilton's Eastern States, ii. 89. Southern States, i. 205. || Amer. Almanac for 1838, p. 123. IT Gerstner, p. 304. Seabroock's Memoir on the Cultivation of Cotton. 11 158 AGRICULTURE. spun 180 miles in length; and the threads spun in England during a year would reach 51 times from the earth to the sun* By means of a machine invented by Whitney of Massachu setts for cleaning cotton, so much tedious manual labor is saved, as to lower the price without too much diminishing the profits. Yet fears are entertained respecting the competition of cotton from the East Indies, where free labor is cheaper than slave labor in the United States. The prospects for Carolina and the eastern coast in particular are by no means flattering ; since the soil of the southern part of the Mississippi valley is much more fertile, and the returns are greater with less outlay. Although statistical tables of the extent and productions of trades and agriculture are necessarily subject to great imper fections, especially as the produce of the several years is so very different, I still submit a few figures from the last census, that of 1840, in the note below.! From these it appears that almost every branch of agriculture thrives ; Indian corn plays a far more important part than wheat ; rye, barley, and hops are com paratively little cultivated ; flax and hemp bear no proportion to the cotton ; the culture of the vine, of silk, &c. is just beginning. Of course the northern states cultivate neither sugar-cane nor cotton, the Carolinas neither flax nor hemp, and Louisiana no wheat. The distillation of ardent spirits has very much decreased * For some particulars respecting cotton, see my Briefe aus Columbia. t There were in the United States, 1840. 1842. Horses and mules 4,335,000 Neat cattle 14,971,000 Sheep 19,311,000 Swine 26,301,000 Poultry, value in dollars, 9,334,000 Wheat, bushels 84,823,000 102,317,000 Barley, Oats RyeBuckwheatIndian Corn 4,161,000 3,871,000 123,071,000 150,883,000 18,645,000 22,762,000 7,291,000 9,483,000 377,531,000 441,829,000 Wool, pounds 35,802,000 Hops " 1,238,000 Wax " 628,000 Potatoes, bushels 108,29SJ000 135,883,000 Hemp and Flax, tons 95,000 158,000 Tobacco, pounds 219,163,000 194,694,000 Rice " 80,841,000 94,007,000 Silk 61,000 244,000 Sugar " 155,100,000 142,445,000 Wine, gallons 124,000 130,000 For 1842, see 27th Congress, third session, Senate, p. 129. Agricultural Statistics. Great complaints have been made of late years respecting a dangerous disease among the potatoes, and for which the most various and even opposite causes have been assigned, At first there often appears a black speck, which quickly spreads and produces rottenness, or the whole turns into a slimy substance. It is commu nicated by contact. Hogs have died after eating of these black potatoes. THE PUBLIC LANDS. 159 in consequence of the temperance societies. The breeding of swine confers new advantages, since a mode has been discover ed of making a very useful oil out of the lard and fat. In the theory and practice of agriculture, as for instance the rotation of crops, manuring, machines of all kinds, physical and chemical appliances, &c, great progress has been made in later times.* Many societies and periodicals have been established for these' purposes, tending to the promotion of agriculture and horticulture ; and their operations have been uncommonly bene ficial in increasing and disseminating useful knowledge. Thus there emanated from the New York Society of Agriculture the plan of imparting the principles of husbandry, physics, and chemistry to children in public schools, and to cause proper books on these sciences to be written for the district libraries. This last part of the plan will doubdess be attended with good effects; but with respect to the first part, there are still some scruples to be tested and removed, as for instance with respect to the ability of the teachers, the extension of the hours of study, the various destinations of the scholars, particularly in cities, the danger of a too directly practical tendency, &c. This society, like many others, holds fairs, and offers premiums, e. g. for the best managed farm or dairy, the best yield of grain, specimens of silk culture, foddering, irrigation, &c. The assertion which has sometimes been made, that the coun try people who began with log-cabins and wooden houses would retain them without caring for any thing better, is wholly errone ous. The gradual but rapid improvements which are effected cannot fail to strike every observer. CHAPTER XVII. THE PUBLIC LANDS. Claims of the single States — Mode of Sale. The strongest evidence of a happy youth, the best means of pre serving it, and the surest guaranty for a prosperous future, are furnished by the yet unoccupied public lands. The general go vernment obtained possession of them in the fairest manner : by purchase from foreign powers and from the Indians, and by a * Natural History of New York, i. 128. Excellent reports have also appeared respecting agriculture in Massachusetts. 160 THE PUBLIC LANDS. praiseworthy cession on the part of the several older states* It is true those tracts might in a certain sense be called ownerless ; but it was in conformity with and conducive to good order, not to let every one seize upon and appropriate the lands at his own discretion, but to allow the government to proceed with system and method, and promulge judicious laws respecting them. Those individuals who had settled here and there at pleasure were treated with proper fairness and allowed the right of pre emption.! When greater assumptions on the part of individuals had pro perly been repulsed, some states preferred the claim that all the land'lying within their boundaries belonged to them, and that the general government had nothing to do with it. To this it was replied : Although a territory, when its inhabitants amount to the requisite number, is raised to the rank of a state of the great con federacy,1 it does not follow that the Union has bestowed or must bestow on it all the public land lying within its borders. The new settlers possess not the slightest right in this respect ; whereas the right of the Union rests on purchase and cession, has never been disputed, but has been confirmed times without number. Such a paitial and inconsiderate bestowal of the public lands would rob the government of one of its principal sources of revenue, cast all the burthens of the state upon the customs, and deprive the older states of what they obtained for their money or by their exertions. They have purchased, defended, sur veyed, valued, and brought it into market, and have employed the proceeds for the public good ; the government shows itself rea sonable enough, in claiming no rights of sovereignty within the bounds of an individual state, but only the rights of a private proprietor, while it also assumes the obligations that rest on one. The moderate defenders of the claims of those states responded : Our purpose is not to make an immense donation to them, but to simplify the inappropriate and complicated duties of the central administration, to do away with injurious influences, and to put an end to perpetual disputes between Congress and the single states ; in order however to supply the wants of the general government, we will take from the proceeds of the sales conducted by the states so much per centum as remains after deducting the expenses of managing the lands.! Should the management and sale of the lands lying in the several states be transferred to them, the sums to be paid to the general government would be augmented rather than diminished ; and consequently the Union would not be a loser, but a gainer, by the more active exertions of the states. # Namely, Virginia, Massachusetts, New Jersey, the Carolinas, Georgia, and Ten nessee. Statutes of South Carolina, i. 169. Murray, ii. 432. t Arend's Mississippi, p. 227. X Calhoun's Speeches, pp. 405, 452. THE PUBLIC LANDS. 161 In recent times many whigs have gone beyond these proposi tions, and vehemently advocated an unconditional distribution of the proceeds of the public lands among the single states; while the democrats have combated this demand with equal zeal. The former have often assumed without proof, that if the pro ceeds were not distributed in the above manner, the amount would be senselessly squandered away. But since the decision relative to the disposal of these moneys rests with Congress, such an abuse is nearly impossible, or at least it is not easy to perceive what security there is for a more judicious course of proceeding on the part of the single states. The fear lest the states within which the lands lie should forcibly take possession of them and let the other states have nothing, is also exaggerated; for the majority in Congress would always guard against such open usurpation. If the income from the public domain is large, this fortunate circumstance should be employed for the reduction of taxes ; but it seems almost as though there were a desire to cut off this resource, for the sake of raising the duties (for this and totally different objects) constantly higher. At any rate a deficiency in the income from the land must be covered in one way or another ; and the joy at its distribution would be turned into sorrow on reflecting that, besides the amount of such deficiency, the. expen ses of managing the customs must also be raised ; which would be giving each individual a five-franc piece, and taking from his pocket a silver dollar. Both the letter and the spirit of the federal Constitution point to the revenue arising from land, as the first financial resource of the Union ; and in fact it would be no misfortune, if there were no need of any other tax. Those certainly who wish to annihi late it cannot call themselves conservative in this respect. On the contrary they must own that what they propose is an innovation, and are under the necessity of proving that it would be beneficial. If, however, at some future period all the public lands should be sold, and this source of revenue be exhausted, the wealth and population of the country will have been so much increased in the meanwhile, that even a far greater amount can be easily raised. For the present, I agree with an earlier declaration of Henry Clay, where he says (Speeches, ii. 112 : " Every consideration of duty to ourselves and to posterity enjoins that we should abstain from the adoption of any wild project that would cast away this vast national property, holden by the general government in sacred trust for the whole people of the United States."* Besides many millions of acres of uncultivated land which are the undisputed property of the single states, the land belonging to # A second very eloquent passage in favor of retaining the proceeds of the public lands is found in Clay's Speeches, ii. 490. 162 THE PUBLIC LANDS. the Union is estimated at from 1000 to 1100 millions of acres. For the management of these the greatest domains in the world, there is in Washington a general land-office which directs the surveys, preparation of maps, auctions, collection of the receipts, &c. The land is divided into townships, six English miles square ; and each township into 36 sections, of 640 acres each. Section No. 16 of each township is set apart for common schools, and other land for colleges and universities. Two per cent, of the purchase money is reserved by the government for the encouragement of learning, and three per cent, for the construction of roads ; toge ther with all salt-springs and lead-mines* At first the land was sold in great tracts,; and this enticed speculators, who either made a fortune by their operations, or turned bankrupt. Now smaller portions, down to 80 acres, are offered. Moreover, a great deal was formerly sold on credit, in which case it was often impossible to collect the debt ; hence it is now sold only for ready money at $1.25 per acre, with a guaranty of five years' exemption from taxation.! These favors have neces sarily had the effect of depressing the price of land in those states of the Union which were already settled ; for which reason, if for no other, the idea of giving away the public lands gratui tously can meet with no general acceptance.! On the other hand, the price cannot be raised, without putting a stop to the sale. To the proposal, of setting up lands of different qualities at different prices, it was replied : The valuation would be at tended with great difficulties, occasion a vast expense, and fur nish opportunities for frauds of every kind. At first in these transactions all is a subject of hope and imagination, every thing is indeterminate and relative. If the plan were adopted after the best lands of a district have been culled out, of reducing the price for the remainder at stated periods,^ many would put off buying, and the advantages of a dense population would be lost. High prices and great costs of settling repel small proprietors, andlead (which is less desirable) to the formation of large estates. Care must be taken also not to set the price too low ; lest rich adventurers should selfishly press forward, and afterwards retail their purchases to poor people, and so enslave them after the manner of the Irish. The receipts from the sales of land have greatly risen in comparison with former times ; yet even in the last ten years their amount has fluctuated in an extraordinary manner ; for which very different reasons have been assigned, as for instance the bank system or want of system, payments in paper or specie, the number of immigrants, &c.|| * Hinton, ii. 273. t Grund, Handbuch, p. 43. { Calhoun's Speeches, p. 182. § Amer. Quarterly Review, vi. 263. || The proceeds of the public lands amounted in the year 1796 to $4,836 ; in 1835, to 16 millions; and in 1836, when payments were made in depreciated paper money, to 25 millions. Afterwards, when specie payments were restored, they CHAPTER XVIII. MANUFACTURES AND COMMERCE. Progress of Manufactures — Commerce — Imports, Exports, Tonnage — Regulations of Trade — Rate of Interest — Value of Imports and Exports. There is no doubt but that the natural circumstances of North America point especially to the profitable cultivation of the extremely cheap land, and that it will continue to be an agricul tural country in the main for a long while to come.* From this, however, there results in the first place, the development of many branches of domestic manufacture in linen and woollen ; as also the preparation of soap, candles, and other articles of daily use. Another principal means of promoting American manufactures was the last war with England (from 1813 to 1815). The Ame ricans, thus thrown violently back upon their own resources, were obliged to set up establishments for the production of many indispensable articles ; and when the war was brought to a close, many manufactures remained in a sound progressive state. For it lies in the nature of things, that a country which augments so rapidly in population and wealth should extend its manufactures more and more, until they gradually include articles of every kind. The opinion that it was an unprofitable and perhaps immoral squandering of their powers, to establish manufactures to a greater extent, gradually died away ; and another and still more erroneous one sprang up in its stead, to wit, that the increase of manufactures should be promoted by artificial means and even by force. The legislation consequent hereupon, this aping of European theories and systems of over-government (otherwise so detested in America), has led from time to time to the most violent complaints, and even threatened the permanence of the Union itself. But of this we shall hereafter speak more par ticularly. In consequence of these laws, or, as others maintain, in spite of them, the proceeds from manufactures have increased enor- sank as low as li to 2 millions ; and amounted in 1842, to $1,335,078. In Michigan the receipts amounted in the year 1836 to 5 millions ; and in 1838, to only $154,000. In Mississippi they reached in 1836 over 3 millions ; and in 1838, only $96,000, &c. * Official Report on the statistics of Agriculture for 1838, p. 8 ; for 1842, p. 9. ^ 164 MANUFACTURES AND COMMERCE. mously ; they were reckoned in the year 1840 at 239 millions of dollars.* Of this there came, to New England 34.3 per cent. the Middle states 42 " the Southern states 6.2 " the Southwestern states 4.6 " the Northwestern states 12.9 " 100 In the year 1820 there were occupied in the United States in manufactures of every kind, 349,000 persons; and in the year 1840, 791,000. About the year 1815, all the weaving in America was done by hand; in 1843, in the factory town of Lowell alone there were 201,076 spindles, and there were made weekly 1,425,000 yards of cotton goods.! A like progress is found in the iron and other factories. In the belief that the high protective tariff secured to every adventurer great and certain gains, competition has increased immensely and even gone beyond all bounds, where the capital would doubtless have been applied to other purposes in the natural course of things.1 Humane laws have been passed respecting the treatment of children in the factories, though they are not always strictly obeyed. Thus, for instance, they are not to be taken before 12 (in some places 15) years of age, are not to be employed over ten hours, and are to be sent to school.! The evus °f a t0° nume rous and impoverished factory population have not yet arisen ; or where they do appear, the fruitful tracts of land still unoccu pied present an adequate means of release from them. A glance at the geographical position and extent of the United States, shows that they are called by nature to carry on an exten sive commerce; but that mere position is not the only requisite, will appear on a comparison of North with South America. The spirit, the activity, the boldness that animate the inhabitants of the United States, have led them further and caused them to make greater attainments in this pursuit, than friends at first hoped for or opponents feared. What a difference ! During their dependence on England, the trade of the colonies was thwarted and restricted in countless ways ; nay, many branches of manufacture (e. g. iron-working, hat-making, &c.) were wholly prohibited. Now, on the contrary, there are throughout the Union no internal lines of demarcation, no export duties, equal import duties, and a commerce that * Tucker's Progress of the United States, p. 195, t Further particulars will be foundjin the letters at the close of the work, and in Appendix II. X In February, 1844, a petition was signed by over 400 female operatives in Lowell, praying that the time of labor should not exceed ten hours a day. MANUFACTURES AND COMMERCE. 165 spreads without hindrance over every quarter of the globe.* We subjoin a few figures, which, without any further elucidation, will speak for themselves.! That in consequence of the enormous increase in the population the consumption of many articles has augmented to an extraordi nary degree, is a matter of course ; thus e. g. the quantity of coffee consumed was, in the year 1821, 11,886,000 pounds. " ' 1838, 82,872,000 " " 1841, over 114,000,000 " Although the trade of the United States has on the whole and for a long time been rapidly increasing, yet no country in the world exhibits such sudden and such great fluctuations. For — not to speak of the difference between years of peace and of war — the pecuniary embarrassments, the raising of money on credit, excessive speculations, bankruptcies, high duties, &c. have exercised a very great and injurious influence ;! and similar * It is worthy of remark, that since forty years, great improvements have been effected in the harbors and coasts, and about 200 new lighthouses erected. — Steven son's Sketch of Engineering, p. 187. t In the year 1701, the value of all exports to England was 309,000 pounds. the whole imports 343,000 " " 1773 the exports were 1,369,000 " the imports 1,979,000 " " 1842 the exports were 104,000,000 " the imports 100,000,000 " The tonnage on the domestic trade amounted in the year 1794 to 189,000 " " lS38to 1,086,000 " The tonnage on all American vessels amounted in the year 1842 to 3,046,000 " (Tyler's last Message, Financial statement for 1838, p. 24.) The whale fishery gives employment in the United States to over 500 ships, making 200,000 tons burthen, and furnishes returns of more than six millions of dollars in value. The exports of New York amounted in the year 1791, to 2,500,000 dollars. " 1838, to 33,000,000 " The exports from New Orleans amounted in the year 1811, to 2,000,000 " " 1838, to 33,000,000 " Mobile, a city hardly known by name thirty years ago, now exports more than the whole industrious state of Massachusetts. Three fifths of all the imports fall to New York. Of the number of tons of shipping there came in the year 1838 to Charleston, 54,000 Philadelphia, 99,000 Boston, 291,000 Mobile, 60,000 New Orleans, 264,000 New York, 547,000 Baltimore, 89,000 X Thus the total value of imports amounted in round numbers in the year 1836, to 189 millions of dollars. 1837, 140 " " 1838, 113 " " 1839, 157 " 1842, 100 " " The imports from England, which in 1836 amounted to 86 millions, sank in 1837 to 166 MANUFACTURES AND COMMERCE. crises will return, unless something more effectual is done to pre vent them than has hitherto been attempted. — It remains how ever to observe, that the whole numbers of imports and exports are little to be relied upon ; since cases occur where the value of articles has risen 73 per cent., and the quantity only 2 per cent. ; and because the calculations are rendered doubly difficult by the fact that the duties are laid on some articles according to their value, on others according to their quantity, while others again are admitted duty free. Woollen and cotton goods come mostly from England ; silk goods from France; wines from several countries, particularly from France, Portugal, and Spain ; figs from Turkey ; tea direct from China; coffee from Cuba, St. Domingo, and Brazil. In several of the states there are many regulations relative to the inspection of articles intended for exportation. They must be serviceable, of good quality, sound, properly measured and packed ; and precautions are taken against all frauds in these respects. In Massachusetts* these regulations extend to the quality of the articles, the vessels containing them, and the pack ing ; to marks, stamps, and attestations ; and include meat, butter, lard, chocolate, fish, corn, hay, hops, salt, water, powder, wood, nails, oil, paper, leather, ashes, &c. — It is' scarcely conceivable how, with such an extensive commerce, all these legal requisi tions can be executed. The legal rate of interest is fixed in most of the states at 6 per cent. ; it rises however in some of the new states to 10 per cent. Usurious contracts are void, and mostly involve a penalty in addition to the loss of the debt ; but nothing is easier or more common! than to evade all regulations respecting the rate of interest. Note. — In order not to overload the text with figures, I place what follows in a note. According to the Census of 1840, Tucker estimates the value of annual products from Agriculture at 654 millions of dollars in round numbers. Manufacture s 239 ' Commerce 79 < Mining- 42 ' Forests 16 ' Fisheries 12 ' Total 1062 ' 52, and in 1838 to 49 millions. In the exports the differences were less considera ble. Their total value amounted J in the year 1836, to 128 millions of dollars. 1837, 117 " " 1842, 104 " " &c. * And likewise in New York and New Hampshire. t Martineau, ii. 45. MANUFACTURES AND COMMERCE. 167 There were employed in Woollen factories 21 ,342 persons. Cotton factories 72,119 " Preparation of leather of all kinds 26,018 " Soap and candle manufactories 5,641 " Breweries and distilleries 12,223 Glass factories 1,612 Paper " 4,726 Printing-offices and binderies 1 1,523 " Coach, wagon, and agricultural implement making. 21,994 " Mills of all kinds 60,788 " The following is taken from the official report on trade and navigation for the ¦nine months from the 1st of October, 1842, to the 1st of July, 1843 : The exports amounted (in round numbers) to $84,346,000 among which were domestic articles 77,793,000 foreign " 6,552,000 Of the former there were exported : in American vessels, to the amount of 60,107,000 foreign " " 17,685,000 Of the foreign articles there were exported : in American vessels to the value of 4,945,000 foreign " " 1,606,000 The imports amounted to 64,753,000 in American vessels 49 ,97 1 ,000 foreign " 14,781,000 The tonnage of the whole American shipping amounted to. . 2,158,000 For exportation there are furnished by the fisheries 2,112,000 the forests 3,351,000 agriculture 10,919,000 among which are beef, tallow, hides, neat cattle .... 1,092,000 hogs, hams, lard, &c 2,1 20,000 wheat 264,000 flour 3,763,000 ship-biscuit 312,000 rice 1,625,000 &c. tobacco 4,650,000 cotton 49,119,000 the manufactories of tobacco 278,000 iron 370,000 distilled liquors 117,000 beer and cider 44,000 refined sugars 47,000 copper and brass 79,000 lead 492,000 drugs 108,000 cotton stuffs 3,223,000 books and maps 23,000 glass 25,000 combs and buttons 23,000 &c. Of the $77,793,000 worth of exports there went to England $45,428,000 to all other countries 32,364,000 among them to the Hanse towns 2,018,000 Prussia 222,000 168 MANUFACTURES AND COMMERCE. Holland #1,698,000 Belgium 1,674,000 France 11,934,000 Italy 541,000 Mexico 907,000 Brazils 1,568,000 China 1,753,000 Hayti 610,000 Russia 309,000 Cuba 2,926,000 &c. Of the imports there came from England $26,141,000 all the English possessions 28,978,000 the Hanse towns 920,000 the French possessions 7,836,000 the Dutch " 815,000 Belgium 171,000 Cuba 5,013,000 Mexico 2,782,000 Brazils 3,947,000 China 4,385,000 Venezuela. 1,191,000 Chief Exports. Chief Imports. Virginia $1,954,000 $187,000 Pennsylvania 2,071,000 2,760,000 Maryland 2,820,000 2,479,000 Massachusetts 4,430,000 16,789,000 Georgia 4,522,000 207,000 South Carolina 7,754,000 1,294,000 Alabama 11,157,000 360,000 New York 14,443,000 31,356,000 Louisiana 26,653,000 8,170,000 The number of tons of vessels leaving and entering port amounted in Savannah to 15,444 New Bedford 100,081 Mobile 16,094 Philadelphia 104,348 Norfolk (Virg.) 17,926 New Orleans 149,409 Charleston 20,711 Boston 202,599 Baltimore 74,825 New York 496,965 &c. The vessels built in those nine months contained 63,617 tons. There was imported : Coffee, duty f/ee 92,295,000 pounds. subject to duty 618,000 Tea, duty free 13,866,000 subject to duty 3,229 Sugar, brown 69,534,000 white (clayed) 1,098,000 refined 699,000 candied 3,919 Wine, champaign 13,638 gallc red claret in bottle 35,317 " in cask 873,895 burgundy 1,820 white French wine in bottle 8,352 " " in cask 99,478 port in cask 38,593 CANALS, STEAMBOATS, AND RAILROADS. 169 port in bottle 8,352 gallons. Spanish wines 51,719 " German wines in cask 2,788 " "' " in bottle 355 " Cotton goods through the Hanse towns, amounting to. .$210,000 from England 2,400,000 Silk goods through the Hanse towns 508,000 In New York, during the first six months, of 1843, of 1844, The imports amounted to $24,830,000 $38,679,000 the exports " 10,836,000 17,119,000 CHAPTER XIX. CANALS, STEAMBOATS, AND RAILROADS. No country presents so many favorable opportunities for the establishment of land and water communications as the United States. A great part of the ground is level or offers only gentle declivities ; and even the long mountain-ranges of the Allegha- nies permit in several places the construction of artificial roads. The lakes and the St. Lawrence furnish most advantageous out lets on the north ; the sea connects the eastern and southern coasts with the whole world ; and those great arteries, the Mis souri, Mississippi, and Ohio, are navigable a3 far up as the dwellings of men are or can be established. Even in the smaller rivers the tide penetrates so deep, or else they have such a slight descent and are so free from impediments, as to be navi gated much further-and by larger vessels than in most countries of the world. The inhabitants of the United States have not only made good use of these natural advantages, but have also employed their well known activity and enterprise in forming roads, digging canals, and laying down railways ; and in these undertakings they have accomplished more in proportion than any other peo ple. According to the amount of its population, America has 3| times as many canals, and 6| times as many railroads as England ; and 4 times as many canals, and 17 times as many railroads as France* The advantages hence arising for trade and intercourse are inestimable ; besides another circumstance which is of the highest importance, although often overlooked, * Chevalier, ii. 549. 170 CANALS, STEAMBOATS, AND RAILROADS. namely a closer uniting of the several parts of the great republic The canals, steamboats, and railroads clasp it together in their embrace ; they have abridged both time and distance ; have immeasurably augmented intercourse, as well as the imports, exports, and means of sale ; have given value to the worthless timber ; and have suddenly brought into the thinly peopled, un cultivated country, the most powerful means of effecting a rapid improvement. They form a mental no less than a physical bond of union,— ^an additional reproof to the folly which would sepa rate these two tendencies, or even oppose them to each other. It is impossible, or at least it would here be out of place, to speak of all the canals of America ; I shall give some account only of the most important one, which connects the Hudson and New York with Lake Erie. When Gouverneur Morris, De Witt Clinton, and a few others of the same way of thinking, proposed the construction of the Erie Canal, even the daring Jefferson, it is said, regarded the plan as hasty and premature.* By far the greater number of persons entertained the same opinion, and the general government refused its participation and support. But all these obstacles could not terrify Morris and Clinton, those great generals of peace, and numbers constantly flocked to their standard. On the 4th of July, 1817, the anniversary of the Decla ration of Independence, the great work was begun ; and it was finished in eight years and four months, on the 4th of October, 1825, at an expense of 9J millions of dollars. Clinton and his assistants first in peaceful triumph descended the canal, rejoicing at the sight of a free people whose prosperity and unity had been advanced through their exertions. Cheers resounded throughout the towns and villages which they had called into existence, and they were every where received with expressions of the sincerest gratitude and love.! The canal is 360 miles long,! rises and falls 692 feet, has 83 locks, and (after its results had exceeded all expectation) has been considerably enlarged and indeed almost rebuilt. The necessity for this enlargement, and the ability to^ perform it, resulted from the success of the experiment ; for if this double scale, exceeding all belief and all powers of execution, had been adopted at first, the whole undertaking, like many others, would have fallen through. The highest estimate which had been made for the first ten years' income from the canal was a million and a half of dollars ; it amounted in reality to ten millions, or more than the entire outlay. All the land on both sides of the canal rose in value exceedingly ; everywhere sprang up houses, ham- • Hall, i. 173. t Natural History of New York, i. 117. X The largest canal in Europe, that of Languedoc, is only about 130 miles long, although it is constructed with greater care. CANALS, STEAMBOATS, AND RAILROADS. 171 lets, towns, factories, churches, and schools. Rochester numbered 1,500 inhabitants in the year 1820, and 15,000 in 1835. Buffalo had 2,000 inhabitants in 1820, and 16,000 in 1835* The popu lation of Albany and New York doubled itself in this period ; and the latter city took the start, which it will doubtless keep, of Philadelphia and Baltimore. The comparatively small state of New York, not satisfied with having constructed out of its own resources and by its own exertions, the longest canal in the world, kept on in the way in which it had begun, and had in the year 1839! about 850 miles of canals with 547 locks, on which there were annually transported goods to the value of 100 millions of thalers,! arl<^ me amount of toll collected was on an average about two millions of thalers. Although the canals are shut up for from three to four months in the winter, there went in one year through the lock at Schenectady 24,000, and through Alexan der's lock 26,000 boats and rafts, or very frequentiy ten boats on an average within the hour. In the year 1836 there went through the Erie canal, 48,777 boats. the Champlain canal, 6,782 " " all the canals, 67,270 " For 2,700 miles, from New York to New Orleans, river naviga tion has since been in most successful operation ; and the length of the completed canals amounted in the year 1836 to 2,723 miles.§ The canals in Pennsylvania yielded about 6, and those in New York about 8 per cent, interest. The costs of transportation were everywhere extraordinarily diminished, and the time shortened.|| The length of canals finished in the young state of Ohio is reckoned at 767 miles.1T Ramsay as early as 1784, and Fitch in 1785, had fully worked out the theoretical problem of the feasibility of propelling a vessel by steam ; but when Fitch and Fulton prophesied the coming wonders of steam-engines and steamboats, they were misunder stood and laughed at. In the year 1807, Fulton built the first steamboat at Pittsburg ; and in 1838 the number of steam- engines in the United States was reckoned 3,000 ; of which about 800 were used in steamboats, 350 on railroads, and the rest in factories.** Their power was estimated at that of 100,000 horses ; * Buffalo shipped Wheat, bushels, Flour, barrels, Tobacco, pounds, Butter, do. Ashes, do. (Official Report of 1838, p. 285.) t Gerstner, p. 19. X Of course the amount differs in different years. § Stevenson's Engineering, p. 213. Tanner, Canals, p. 22. || Poussin, Puissance Americaine, ii. 137. If American Almanac for 1844, p. 279. ** M'Culloch's Diet., append. Steam-vessels. in 1832, in 1837, 100,000 450,000 21,000 126,000 772,000 1,215,000 780,000 1,100,000 2,546,000 3,467,000 172 CANALS, STEAMBOATS, AND RAILROADS. though one engine alone drew from Boston to Lowell a weight of 524,000 pounds* In Louisville, from 1819 to 1838, 244 steam-engines were constructed ; and in Cincinnati, during the year 1836, 35 steamboats. In the year 1835, one steamer only navigated the great lakes ; but in 1839, after the opening of the Welland and Erie canal, the number of steamers amounted to 61.! The fare from Buffalo to Chicago, 1000 miles, is twenty dollars, meals included. The young state of Ohio possesses more steamboats than France ; and there are as many steamers on Lake Erie as in the Mediterranean!. The passage from Pittsburg down to New Orleans formerly lasted two months; and the return passage, with enormous expenses and exertions, four months : they are now accomplished in about 8 and 16 days respectively. Indeed formerly the vessels were mostly broken up at New Orleans, and the crews returned with unspeakable toil and danger by land.§ The American steamboats, especially those on the Mississippi, are some of them of extraordinary size ; they have three decks and as many as 400 beds.|| Formerly the number of accidents was greater ; owing to the badness of the boilers, the wanton running of races, obstructions in the rivers, &c. Misfortune however has produced greater prudence,Tf many obsta cles have been removed, the authorities exercise a stricter super vision, and penalties have been prescribed for negligence. After all, the loss of life from these dangers of peace is not greater than what takes place in Europe in so-called reviews and sham- battles. In the year 1825, the first railroad in North America was begun ; in 1836 there were 1600 miles completed, and now there are double that number. Many of these undertakings, it is true, have failed ; others however yield an interest of 8 per cent., and the average is said to amount to b\ per cent. In 1832 the state of New York did not possess a single railroad; in 1839 it had already 440 miles. Most of the rails are of wood, with con siderable ascents and very bold turns; they are nearly all traversed by locomotives.** The transportation of goods amounts to only about one eighth that of passengers. In New England the land for the most part was dearer, and the obstacles were greater, than in the other states ; which enhanced the expenses considerably. The roads however are * Gerstner, i. 265. t Gerstner, pp. 368, 372. North Amer. Review, xlvii. 34. American Almanac, 1837, p. 192. X Chevalier's Communications,!. 4t. § Buckingham's Slave States, i. 405. H Buckingham's Eastern States, i. 24. Information on Steam-engines, 1838. (Official Documents.) \ American Almanac for 1835, p. 116; for 1840, p. 112. ** Gerstner, p. 280. CANALS, STEAMBOATS, AND RAILROADS. 173 better constructed, the charges are no higher, and the speed even greater. In Massachusetts, the laws allow a profit of 10 per cent. ; but the state can buy in the roads 20 years after their con struction. In the year 1840, about 337 miles had been com pleted in Massachusetts, and had been traversed by 749,000 persons* In Pennsylvania too a great many canals and railroads have been begun. Although no accurate account has been furnished as to how many of them are completed, the tolls in 1839 already amounted to $1,142,000.! A great many experiments have been tried in the United States, to ascertain the best mode of laying down railroads, on account of the peculiar dangers to which they are exposed dur ing the very severe winters. Their cost however is diminished by the cheapness of timber and land. It amounts to from 1800 to 12,000, and on an average to 5,000 pounds sterling, per mile. — In England the expenses are increased by the fact that all the preliminary steps, including the sanction of Parliament, cost a great deal of money, and that the rate of going is faster there than in America. There are, with very few exceptions, only one class of car riages, which in quality may be compared in general with the second class of German carriages. They travel no faster in America than in Europe ; but they make fewer stoppages on the route than in Germany. With us the number of officials is beyond comparison greater than in America : a proof that even our free companies are infected with bureaucracy and the thirst for over- governing. Accidents moreover do not arise from the want of officers. The fares are much higher than with us ; which must proceed in part from the small number of travellers. Yet Presi dent Tyler complains in his message of 1841, and with great justice, of the injurious consequences of the monopoly of rail roads ; in Europe also these are becoming intolerable, except where the legislature has interfered to regulate them. — Many railroads terminate in the hearts of cities ; but for the last mile or two the cars are drawn by horses. Almost every where there are separate baggage-places for the principal hotels, whose cars and waiters take care of all to the traveller's satisfaction. * Amer. Almanac for 1841, pp. 190, 202. t Tanner, Canals and Railroads, p. 22. 12 CHAPTER XX. THE BANKS. History of Banking— The National Bank— Opponents of Banks— Theory of Bank ing— Paper-Money — Abuses of Banking — Misfortunes through the Banks— Jack son's Measures— Bank Laws— New Defects— Specie and Paper Currency^- Sub-Treasury Bill— Exchequer Bill— Hopes and Prospects. Admirable as is the activity and even the boldness with which the United States have labored for internal improvements of every kind, it would be difficult to justify the manner in which they have ordered, or rather have plunged into the greatest dis order, their currency and banking affairs. Nay, notwithstanding repeated and bitter experiences, they have not yet discovered the right path; or else they allow themselves to be seduced from it anew into error and injustice. Whep, after the peace of 1783, the before mentioned difficulties from public debt and the old paper-money arose, a few pointed out with judicious moderation the advantages that would result from founding a national bank. Others, without any thorough insight into the matter, gave themselves up at once to the erroneous belief, that in this way wonders would be accomplished, and countless wealth conjured up with the greatest ease. First arose the question, whether Congress had the right to found or author ize such a bank. The Constitution does not expressly deter mine any thing on the subject ; but it gives to Congress the control of the money and coinage, and decrees that nothing but gold and silver shall be made a legal tender of payment. This plain provision was doubtless adopted in view of the evils and sufferings caused by the old paper-money; and the object unde niably was, to render the recurrence of such a state of things impossible. The assertion or opinion, that bank-notes which can be converted at pleasure into gold and silver are not paper- money, and interfere in no respect with the circulation of the metals, was of essential assistance to the friends of banking institutions; so much so that Washington, after an anxious investigation and many doubts, gave his assent, in the year 1791, o the founding of a principal bank, which should issue notes under five dollars and upwards, to be redeemed in specie on lemand, under penalty of paying 12 per cent, interest on them, THE BANKS. 175 At the same time there kept springing up in the several states, and with their permission, a number of local smaller banks, with respect to the advantages and disadvantages of which there has always prevailed a difference of views. When the charter of the old United States bank expired, in the year 1811, many pressed for a renewal of the same ; others opposed it, on good or bad grounds; and it was not till after several years' experience of the monetary embarrassments which ensued, that the bank of the United States was rechartered, in 1816, for twenty years. Its capital was to consist of 7 millions of dollars in gold and silver, and 28 millions in specie or United States stocks, to be received at various rates.* The govern ment was to subscribe 7 millions of this capital, and to draw from it a proportionate income. One and a half millions of dollars were paid in instalments by the bank for its charter. In addition to the general reasons in favor of the usefulness and necessity of such an institution, it was affirmed that a national bank creates a uniform medium of exchange between the different states of the Union ; facilitates all the transactions of commerce ; takes charge of the surplus funds of the government, attends to its receipts and payments in the several states, and compels the smaller and local banks to adopt a reasonable and just course of proceeding, which hitherto they had by no means done. Long before the charter of the new bank had expired, its friends and opponents engaged in a violent controversy. By thorough investigations, by speeches and writings of various kinds, they sought to exhaust the reasons for and against it, and to arrive at an accurate and full knowledge of the truth. Not withstanding this, opinions still remained divided, and party aims in full force. The majority of both houses declared in favor of retaining the bank ; President Jackson, however, oppos ed this resolution, and two thirds of both houses were not found to annul his veto. After this veto, opinions were still more divided than before ; and what some called exceedingly salu tary and essential, was designated by others as destructive and arbitrary. All questions respecting currency and banking were at that time discussed with 'such a show of pretended science, — and reasons, means, and consequences were displayed with such hair splitting nicety, — that most persons were incapable of following out the trains of reasoning to their conclusions, but swore by the words of some pretended master, and blew through his trumpet. Some sought to justify, or at least to represent as natural, all that the great bank or the small banks had done ; while others unspar- * Perkins, p. 48. Warden, iii. 443. Schmidt fiber den Zustand der vereinigten Staaten, i. 418. 176 THE BANKS. mgly condemned both what they had done and left undone, and saw no help or safety but in a metallic currency. In this place. it will be sufficient to extract merely what is simplest and most intelligible from the lengthy speeches and writings of the period. Among the arguments in favor of founding and supporting a national bank, it was affirmed that, " in a great commercial country, the general medium of payment cannot, without a fool ish extravagance, consist solely of costly metals. By the intro duction of bank-notes, specie capital is for the most part dis pensed with, circulation and transmission are facilitated, credit is raised, and means are procured for obviating thewant of money and for setting on foot the greatest undertakings. It is only by means of a great and powerful national bank that the numerous smaller banks can be kept in order ; besides which, it provides the govern ment with the cheapest and best opportunity of collecting its reve nues, making its disbursements, and securely depositing its funds." — When, in the year 1811, the charter of the old bank expired, Congress refused to renew it, chiefly because seven tenths of the stocks belonged to the then detested English. And yet, notwithstanding this excitement and passion, the resolu tion was carried only by a majority of a single vote.* But the embarrassments which at once arose in the currency, soon showed that such a bank is both useful in peace and necessary in war. It was re-established by a considerable majority as a national bank, although opposed by the banks in the individual states. But this very opposition (which on the part of the careless and dishonest arose from a dread of supervision) gave added proof of the necessity and utility of a general control and powerful curb on their proceedings. The individual banks must adopt the wiser course of the national bank ; or, if they continue in a wrong one, they are discarded and deserted by it. With such a rapidly increasing population, with the pressing necessities of new set tlers and new states for capital, and with the impossibility of pro curing it all in specie, — these defects can alone be obviated, and progress in all directions facilitated, by means of a judicious bank system. To this it was replied : The Constitution of the United States prescribes with great wisdom, that specie alone can form a legal currency. Its letter has indeed been adhered to, but not its spirit ; for when the bank was started, it was said : " Paper convertible at pleasure into specie is not injurious, but useful ; wcw-converti- ble paper will never be taken, so that it cannot properly be said to have any existence." These hopes however have proved utterly fallacious. A bank, unless it enjoys undue advantages, cannot even make * Register, 1830. Appendix, p. 104 ; 1831, p. 47. THE BANKS. 177 as much money and pay as large a rate of interest as a private individual, so long as it loans its capital only* Its real profit does not begin until it loans its credit, and thus goes beyond its capital. When this profit arises, temptations, dangers, and abuses increase. The principles and proceedings of the lauded national bank were by no means as wise as its defenders assert. On the con trary, as early as 1817, it had entered into such venturous specu lations, that its paper fell from 156 to 90 ; when the directors were changed, and a better line of conduct prescribed.! Yet it was equally unable afterwards as before to keep the smaller banks and their host of officers and shareholders in order, and was itself sus tained by the power and the enormous profits of its monopoly. It runs counter to both the spirit and letter of the Constitution, to grant monopolies of such a kind, to transfer the profitable use of many millions of the public money to a bank interest- free, and thus make an immense donation to the stockholders.! Such a centralization of money transactions is injurious ; the power of irresponsible officers, chosen not by the people, but by the government and the stockholders, is unrepublican ; the facili ties presented for getting into debt are ill advised ; the treating of private debtors more severely than the banks is unjust ; and the participation of the government in all these things is at least improper. It is said that in times of difficulty the government receives assistance from the bank. It can however just as easily refuse to furnish any assistance ; and if, for instance, it should be displeased at a war, it could throw the greatest obstacles in the way, and presume to play a great political part. It adds to the riches of the rich, and seconds the selfishness of the powerful; but helps the poor to nothing whatever. § In a word, the bank is neither constitutional, nor necessary, nor useful. It has never been able to compel the resumption of specie payments ;|| but by sudden expansions and contractions, it has led to inordinate speculations, created panic and embarrassment in order to pro mote its own designs, sought to seduce and control the press, interfered with politics, and has never fulfilled the great and too sanguine expectations formed with regard to it. Such a compact financial power, having the control of so great a capital, and uniting in itself such vast means of influence, might under certain unavoidable circumstances become master even of the political power of the people. Instead of calling forth the manly virtues which confer dignity on human nature, this bank and # Raguet on Currency, p 84. t Perkins, p. 143. Calhoun's Speeches, p. 289. X Register, 1832, appendix, p. 73. Rayner, p. 384. $ Jackson's Message, 1S33. Register, 1831, p. 42; 1832, p. 1222. || Van Buren's Messages, 1838, 1839. 178 THE BANKS. paper nuisance nourishes an insatiable passion for voluptuous enjoyments and for becoming suddenly rich without labor. In place of republican simplicity and frugality, there arises a sickly tendency to effeminate degeneracy : while instead of the political equality for which America contends, there is reared a system of exclusive privileges by means of party legislation. The bank system allots the honors and rewards of the commu nity in a very undue proportion, and has a most unfavorable bearing on the moral and intellectual development of man* It leads to the decay of scientific pursuits ; it diverts from literature, philosophy, and statesmanship, and from the great and more use ful pursuits of business and industry. The rising generation cannot but feel its deadening influence, and will no longer be pressed forward by generous ardor to mount up the rugged steep of science as the road to honor and distinction ; when perhapsjhe highest point they could attain, in what was once the most honor able and influential of all the learned professions, would be the place of attorney to a bank.! Such are the main principles and assertions of both parties. Let us be permitted to examine them more closely, and to add something of our own. In no state worthy of the name does the individual citizen stand wholly alone ; each one requires the aid of others, and extends the same to others. This reciprocal action increases, as civilization and industry increase. The principal means of promoting this industry lies in the excess of what is produced over and above what is consumed, that is to say in capital. To set this in motion, to bring it speedily and in the right place to a proper and profit able use, is one of the most important ta^ks of commerce. The owners of capital are willing to share or loan it, only on two con ditions : namely that the borrower be something or have, some thing ; the former gives him personal, the latter real credit. He who lends or borrows where both conditions are wanting, incurs danger and loss, is deceived and defrauded. Every country, every individual requires credit; but should obtain it only when it is deserved : credit founded on nothing, is swindling and fraud. It is commendable and useful for individuals and corporations to inform themselves where capital may be had to loan, and also to what persons it may be intrusted with safely. In this manner arose establishments for loaning on credit, associations for bor rowing on joint-liabilities, registries of mortgages, and similar # Calhoun's Speeches, p. 282. t The most erroneous principles and the worst management were exhibited in the principal bank when transferred to Philadelphia under another name. It had at last only one dollar in cash for 23 dollars of debt ; it loaned to ten persons $3,692,000, and to newspaper editors $170,000. Similar scandalous accounts of the banks in Illinois are to be found in Hunt's Merchants' Magazine, September, 1844, p. 240. THE BANKS. 179 useful and perfectly safe institutions. These set capital in motion and bring it to the right place; but they have only a very remote similarity to banks. Although every one not wholly ignorant of the subject can point out the difference between banks of circulation, discount, and deposit, the term bank is too often used in such a vague and general sense, that confusion and strife are almost unavoidable. — Banks, says one, are necessary for the benefit of borrowers and debtors. They are needed for the advantage of lenders and creditors, exclaims another. We require them, says the East, because we have a large commerce. We want them, says the West, because as yet we have no com merce. They are founded for the poor, because their money (the paper-money) is cheap ; gold and silver are money for rich people only. — This last assertion, utterly erroneous as it is, points to the true gist of the dispute, namely the question respecting the comparative worth of a paper and a metallic cur rency, and the relation they bear to each other. " We must cease," exclaims Henry Clay, " to be a commercial people, we must separate, divorce ourselves from the commercial world, and throw ourselves back for centuries, if we restrict our busi ness to the exclusive use of specie."* — But who requires this ? Who requires that bills of exchange, checks, drafts, letters of credit, and a thousand other modern auxiliaries of commerce, should cease ? In truth all the objections apply only to the nature, quantity, advantages, and disadvantages of paper-money. Many still assert that in the United States there is no paper- money at all ; because, according to the letter of the law, specie alone is made a legal tender. But the force of circumstances renders this letter of not the slightest effect; in practice both creditors and debtors, buyers and sellers, do incomparably more business with paper than with gold and silver. Nay Webster himself says : " That bank-notes have become money in fact, that they answer the uses of money, that in many respects the law treats them as money, is certain."! As soon as men recognize the truthful maxim, that "labor alone begets prosperity,"! the defence of paper-money becomes exceedingly difficult. For if (as the most cautious require) there should lie as much specie in the vaults as there are notes issued, the banking business would produce no gain; on the other hand, as soon as the notes issued exceed this measure, they are mere paper without a sufficient pledge for their redemption, and the quantity of the circulating medium is increased without a natural foundation and beyond the natural proportion. It is true * Speeches, ii. 325. t Webs.ter's Speeches, iii. 329. North Amer. Review, xxxii. 29. Gallatin on Currency, p. 6. X Webster, ii. 312. 180 THE BANKS. there is recommended a reasonable expansion of the currency, an expansion of credit in the shape of capital ; but to these indefi nite, obscure expressions a closer examination opposes great doubts. Credit in fact produces no capital, but only sets the existing values in better and quicker circulation. If it exceed or forestall these, it rests on nothing, and least of all on creative labor. The evil consequences are then unavoidable which the American banking system exhibits, and which men of the most different views and positions equally deplore. " A disordered currency," says Webster, " is one of the greatest of political evils. It undermines the virtues necessary for the support of the social system, and encourages propensities destruc tive of its happiness. It wars against industry, frugality, and economy ; and it fosters the evil spirits of extravagance and spe culation. Of all the contrivances for cheating the laboring classes of mankind, none has been more effectual than that which deludes them with paper-money. This is the most effectual of inven tions to fertilize the rich man's field by the sweat of the poor man's brow. , Ordinary tyranny, oppression, excessive taxation, these bear lightly on the happiness of the mass of the community, compared with fraudulent currencies and the robberies committed by depreciated paper. Our own history has recorded for our instruction enough, and more than enough, of the demoralizing tendency, the injustice, and the intolerable oppression, on the vir tuous and well disposed, of a degraded paper currency, authorized by law, or in any way countenanced by government."* It will suffice to state a few facts in confirmation of these just complaints. In the years 1812 to 1814, most of the banks stop ped payment; between 1811 and 1830 one hundred and sixty- five of them became entirely bankrupt or contracted their busi ness.! In me year 1787 there were 3 banks ; in 1839 there were 850, and together with the branches, about 1000. Of these 498 continued specie payments, 56 stopped altogether, 48 afterwards resumed payments, 60 partially stopped specie payments, 343 wholly " " " With these were connected in New York between January and July about 1000 bankruptcies. The entire capital of a bank in Illinois consisted in the plates for striking off the notes. In another branch bank two dollars only were paid in, which were kept as curiosities.! * Webster, ii. 81. t Hinton, ii. 477. Calhoun's Speeches, p. 143. American Almanac, xi."245; xii. 137. The numbers do not exactly agree. X Hunt's Merchants' Magazine, 1844. September, p. 240. THE BANKS. 181 Even if, as asserted, the debts of most of the banks exceeded their capital only from 40 to 80 per cent.,* that of itself rendered them bankrupt the moment all their notes were presented for specie payment. But there were also banks which had issued with impunity a hundred times as many worthless bills as their capital amounted to. In consequence of the different values or want of value of all bank notes, and the utter want of a specie cur rency, there was no fixed measure of the value of commodities; prices fluctuated excessively ; and in order to escape deserved or undeserved distress, not a few permitted themselves all kinds of arbitrary and fraudulent acts. Banks which were doubtless broken, distributed notwithstanding large dividends, and made notes of 25, and even as low as 5 cents ; whereby the number of sufferers was continually increased, while the authorities had no means of preserving or restoring order-! Even those states which were inimical to the entire banking system were involved in these sufferings, or were compelled in self-defence to resort to desperate means, to prevent their losses from reaching too great a height.! In a like spirit the general government in this season of distress gave permission to pay depreciated notes into its treasury at par value. This was a reward, a premium for the worst notes and most careless management, to the injury of the better banks ; and it created a totally different taxation in the different parts of the United States. In these times of misfortune, public and private undertakings were brought to a stand-still ; auctions at far below the former prices, and the imprisonment of debtors unable to pay, were una voidable ; the innocent suffered exceedingly, while the guilty remained unpunished ; and a pernicious indifference was created with regard to obligations of payment. Indebted corporations in particular dissolved themselves with the vilest audacity, and by their own authority released themselves from their indisputable obligations. All confidence, all truth and honesty, seemed to have vanished. This caused M'Culloch to exclaim in just indignation : " A man can lend his money with more safety in Russia and even in Turkey than in America. The bank system there is the worst of all, and the greatest of misfortunes to a free country ."§ Let us now see what with this knowledge, with this bitter expe rience, was accomplished by the president, by Congress, and by the single states, for abolishing the evil. President Jackson first lost patience : he would no longer spare the crafty impostors, or capitulate with pretenders to profound science. While many * Gallatin on Currency, p. 65. t Raguet, p 131. Chevalier, Lettres,i. 58, 66, 94. Buckingham's Slave States, i. 355. Trotter's Observations, p. 101. X Calhoun's Speeches, p. 142. { Article, Banks. Appendix, p. 21. Gouge, p. 115. Flint's Mississippi, i. 450. 182 THE BANKS. wished to delay or adjust matters, or only to proceed by degrees, the old, favorite, victorious general grasped his sword, smote in pieces the bank he disliked, for the reasons aforesaid, and saw in the establishment of a specie currency the only deliverance from all the evils of paper-money* That in consequence of this blow the pieces flew about and wounded many, was to him a subject of small concern : the crisis seemed inevitable, and restoration possible only after the unsound parts had been boldly cut out and cast away. The notion that all the sufferings and embarrassments of the year 1837 proceeded wholly from JacksOn's measures, is both one-sided and erroneous ;! they proceeded still more from ¦what he combated. But the accomplices in wickedness were too glad of a pretence to acquit themselves; and ihey fancied they could get rid of their own guilt, by making a solitary scape- goal of the old hero, and dragging him to the altar by way of a sin-offering. All the force of character, all the popularity of Jackson, had scarcely sufficed to procure him the victory over the great central bank. All ihe state banks still remained untouched; nay their number and importance must necessarily increase, since their most powerful rival was dead, and they had received ihe depo sits of the public moneys. As fast as Jackson cut off one of the Lernean monster's heads, several others grew in its place ; a radi cal cure according to his system would have required the annihi lation of all the state banks, and the passage of the new Sub- treasury Bill, — which bold means however were partly left untried, and partly failed in execution. Congress possessed neither ihe will nor the power to reduce this monetary confusion to order; and while in one place it coined gold and silver, the banks increased their paper money to an unlimited extent in eight hundred places. The coining institutions and privileges of the middle ages, which have been cried down as stupid and barbarous, were but trifling evils in comparison with 800 mints, in which weight, fineness, and fixing of value are of course never thought of, while counterfeiting is carried on to an unprecedented extent.! If Congress would set aside one of the clearest and most salutary provisions of the Constitution, which it is so careful in adhering to and expounding, it would have been far better to grant at once to the twenty-six states the right of coining according to a uni form standard of weight and fineness, than to intrust it to 800 paper-mills, every miller and printer of which commends his own rags as a part of the national currency. * Chevalier, i. 90. t Nor did it proceed alone from the pretended injurious balance of trade. Apple- ton on Currency, p 21. X In Bicknell's Counterfeit Detector 1,395 counterfeit bills are described. THE BANKS.' 183 Several states which had hastily and incautiously conferred banking powers, sought by appropriate laws, if not wholly to do away with the evils which had accrued, at least to ward them off for the future. In Illinois, Indiana, Alabama, and Missouri, for instance, only one bank will henceforth be allowed.* In New Hampshire no one can conduct banking operations without legal permission. Notes under one dollar are prohibited ; a suspension of specie payments annuls the charter of a ba"nk, and obliges it to pay an interest of twelve per cent. The declaring of dividends during such suspension is punishable with five years' imprisonment. Similar laws exist in Kentucky. The liabilities of a bank must not exceed double the amount of its capital.! The govern ment takes 20.000 shares, and receives 25 cents for each 100 dol lars of capital. It has the right to make investigations and inflict penalties, and the bank officers are responsible lor the observance of all the provisions. The counterfeiting of bank notes is pun ishable with from two to ten year^' imprisonment. In Massachusetts no bank is allowed to issue notes under five dollars; and none can commence business, until it can be shown that one half of its capital has been deposited in gold and silver.! The notes must never exceed the capital more than 25 per cent, and the gross liabilities must never amount to more than one half the capital. All directors are responsible with their pro perty for abuses. Each bank loans the state one twentieth of its capital at 5 per cent, interest, and pays one half per cent, of the same for the favors it has obtained. The government has the right at any time to examine into the management of the bank, and — in case of non-fulfilment of the conditions — to abolish it. Bank-note counterfeiters are severely punished, and informers are rewarded. Since 1803, the number of banks in Massachu setts has increased from 7 to 129. In South Carolina, as in most of the states, no bank-notes can be executed under five dollars ; and in case of bankruptcy, the stockholders are liable for double the amount of their invest ment^ In New York no bank must issue more notes than it deposits in New York or United States stocks ; and each note, to increase the security, is countersigned by the comptroller. Well intended and well devised in many respects as these and similar laws may appear, complaints are still made that means are * Hall's West, ii 188, 192, 194. t Laws, i. 200, 1292. X Buckingham (Slave States, i. 453) speaks of repeated payments and loans made with the same money. § Statutes, vi. 34 ; viii. 3. 184 THE BANKS. every where found to evade them,* that there is a lack of legal remedies against secret frauds and public bankruptcies, and that the allurements of self-interest cannot be destroyed by mere words. Injustice and heedlessness in this respect are chargeable on both creditor and debtor ; and as mfldness towards the latter has its light side, it has its dark side also. In such a dilemma it is very natural that men should seek for some thorough, efficient aid ; and this the whigs see in the found ing of a new, grand national bank ; while the democrats descry in it only a return to former evils, and insist more or less strongly on a metallic currency.! First of all I must repeat, that to the word bank no definite idea is as yet attached ; hence objections were redoubled under the supposition that former defects would not be obviated, — nay that there was no wish to obviate them, because they were best calculated to promote private advantage and party aims. Accordingly many whigs laid aside the name of bank altogether, and demanded only a " sound currency ;" against which as a general proposition there is certainly nothing to object, while each one is at liberty to see in it what pleases him. Yet more specific views were at the same time brought forward, of which I will cite a few, hitherto not mentioned, by way of example. Thus it is said : It is a necessity of every civil ized country, and a mark of its civilization, to have paper-money. The American system of banking, including the national bank, was a well constructed, practicable, and beneficent one.! Bank notes and paper-money are a safe and convenient substitute for capital. Where there is only a metallic currency — nothing but gold and silver, almost all trade falls into the hands of large capi talists. Where Ihe bank-notes on the contrary are by law con vertible at any moment into specie, there exists full security for their value. This security is doubled, where the deposit of state stocks and the counter-signature of the comptroller are required. A great deal may be said in opposition to these maxims. In the first place, Germany has but little paper-money, and France none at all ; and this without depriving them of the right to be called civilized countries, or obstructing their trade. It is equally true, however, that nearly all the countries of Europe have suf fered from the consequences of paper-money no less than the United States. The latter's banking system (even including the national bank) is by no means entitled to the above laudations. The opinion which lies at the bottom of all this, erroneously regards Jackson's abolition of the defective national bank as the * The defectiveness of all laws is shown for instance in the official Report on the banks in Massachusetts, for 1844. t Yet in the year 1843, $11,967,830 were coined in gold and silver. \ Webster, ii. 312 etseqq. THE BANKS. 185 sole cause of every evil, and its restoration in an improved form as a sovereign remedy for them all. Quite different was the opinion expressed by Jefferson respecting the principal and branch banks. This institution, said he, is one of deadly enmity to the principles and the form of our Constitution* — Adhering to this his predecessor, and remaining true to his former convic tions of the unconstitutionality of the bank, President Tyler uttered his veto, when Congress presented to him a bill for its restoration.! Without going into a closer examination of the bitter reproaches made against him on that account, I only permit myself to observe, that it would be very unjust to condemn Tyler because he held fast to his earlier doctrine ; while his chief opponent Clay is commended for changing from a former enemy into a defender of the bank. Both acted up to their best convictions, and Tyler had said before : The banking system, as conducted in this country, has not one correct principle, of political economy for its support. It is a gross delusion, the dream of a visionary, which has done more to corrupt the morals of society than any thing else, &c. True, for a moment it has operated as a stimulus ; but, like ardent spirit, it has produced actiyity and energy but for a moment ; relaxation has followed, and the torpor of death has ensued. " Our bank system," exclaims Buchanan, "is the worst and most irresponsible that has ever existed." The maxim, that bank-notes and paper-money are a safe and convenient substitute for capital, requires a closer examination. It is clear that the capital must first be created by labor and economy, — it must first exist ; for paper and a printing-press can not charm it into being or double its quantity. Credit with out foundation — a representative with nothing to represent — . deserves no eulogy. On the other hand, there is by no means a cessation of credit or the means of credit where paper-money has been renounced. It is a strange thing to imagine, or at least rhetorically describe, that in that case numberless huge wains must painfully traverse the land laden with gold and silver ; and that merchants could no longer make use of checks, drafts, bills of exchange, letters of credit, &c. There is just as little reason for applauding the convenience which is nominally secured to the traveller by eight hundred sorts of unsafe paper ; in spite of all his prudence, he will most probably find that too great care has been taken of him and his. Why, where there is only a specie currency, all trade should fall into the hands of large capitalists, it is hard to comprehend. If bank-notes are of any value, the rich man has many of them, * Tucker, ii. 158. t Tyler's Life, pp. 39, 47. 186 THE BANKS. and the poor man few ; it is precisely the same as with gold and silver. If however they are worth nothing, the poor man is usually defrauded the most. I cannot comprehend wherefore paper-money should be an especially useful money to ihe poor. It is only in return for labor, only for real or personal credit, that either it or gold and silver come into his possession. In many parts of Germany, and in France where there is no paper-money, business is neither more nor less in the hands of rich capitalists than in England or the United States. The assertion, that where bank-notes are by law convertible at any moment into specie, there exisls full security for their value, is confuted by all experience. No letter of the law has yet been able to prevent excessive issues of paper-money. It is only in moments of danger that every one hastens to convert his paper into specie, and then the banks are but too often found insolvent. The measures adopted in New York, of depositing state stocks and countersigning by the comptroller, are certainly better calcu lated to answer the end than many others ; though even here some very serious doubts remain. In the first place, state stocks are also exposed to the danger of sinking in value under unfavorable circumstances ; and secondly, it is a very erroneous belief, that as soon as there is a safe pledge in hand, the amount of its value may be converted into paper and issued without danger or evil consequences. Money is not only a measure, it is also something measured ; and in case its quantity is in any way increased or diminished, it becomes a different measure, and changes its value as something measured. If one were suddenly to bring into market a hundred times as much of any necessary article (e. g. corn, pota toes, wine, cloth, or whatever it might be) as had heretofore been required and disposed of, who would purchase these quantities, and how could they retain, their former price ? The same holds true of specie and paper-money. The security of the pledges, the existence of an original value represented by paper, produces no alteration in these necessary results ; and this is more than suffi ciently proved by Law's system and the history of the assignats and mandates. When even the laws permit that each bank may issue at least twice as many notes as it possesses capital, what is it but a purely arbitrary increase of the currency, without any real increase of value, of capital, of labor? The specie gradually disappears, until a general revulsion puts a fearful end to careless management and premature rejoicing. Until then, the monopolizing stockholders draw more than double interest, both from the pledged state stocks and the double amount of notes issued. When, notwithstanding, the dividends are not immoderately high, this proceeds from several circumstances ; e. g., excessive competition, heavy taxation by the states that grant THE BANKS. 187 the charter, bad management, &c. Perhaps in this increasing unprofitableness may be found the best means of reducing the bank evil. Similar to this would have been the operation of the Sub- Treasury law, which was vehemently opposed, then adopted, and soon after abolished in its most essential particulars. Among the principal complaints against the national bank was this, that the public moneys were deposited in it without interest, whereby an unfair and immense advantage accrued to the stockholders; while the country which made this enormous sacrifice was not even furnished with the requisite security. Although the average amount of the moneys in deposit may not have reached, as some assert, fifteen millions,* — let us suppose it did not exceed five millions, — still the gain to the bank in the way of interest was uncommonly great, and was by no means counterbalanced by the duties and payments which it assumed. It is certain that Jackson's victory over the institution, complained of and attacked by him on so many grounds, was decided the moment he with drew from it the use of the public moneys. As he thereupon intrusted these moneys to the several state banks selected by him, these latter gained as much as the national bank lost ; but the country lost the interest as before, and gained nothing in respect to the security of the deposited money. It is true, that none of the single banks could hereafter acquire the power and influ ence of the national bank ; but these new facilities seduced them very frequently into rash speculations and indiscreet issues of bank-notes. The design of the Sub-Treasury Bill was to release the finances of the Union and the great amount of surplus revenue on hand from all connexion with the banks, and to establish a treasury with officers for its management such as has long existed in almost all the states. Against this plan a most violent out cry was raised ; and it was found that the interests of the many single banks which would lose in consequence, were advocated with still greater vehemence and energy than those of the con quered national bank had been. This system, it was exclaimed, will totally subvert all the state banks, will place the purse and the sword in the president's hands, will destroy all security for the public moneys, commit them to the keeping of dishonest officials, form a new central bank — and that too of the worst kind, and throw difficulties in the way of transmitting funds and rendering accounts. The scheme too is against all our usages and all our habits. It locks up the revenue under bolts and bars, from the time of collection to the time of disbursement. Govern ment separates itself, not from the banks_ merely, but from the * Webster, iii. 303. 188 THE BANKS. community. It withdraws its care, it denies its protection, it renounces its own high duties, and with cold and heartless egoism abandons the suffering people to their unhappy fate. It is a law for the times of the feudal system ; or a law for ihe heads and governors of the piratical states of Barbary. It is a measure fit for times when there is no security in law, no value in com merce, no active industry among mankind, &c* These vehement denunciations are factious and exaggerated. The sword and the purse have indeed been transferred to the pre sident ; but he cannot draw the former from its sheath, or take a dollar from the latter, without the consent of Congress. If he, who could formerly intrust the public treasure to the banks as he pleased without demanding interest therefor, must henceforth deposit them in the treasury of state, it is plain that his power and influ ence are hereby diminished instead of increased. Moreover, all actual disbursements now as before require an appropriation by Congress, and suitable provision could easily be devised for the concurrence of the Senate in the appointment of treasury officers. That the public moneys are less safe in the treasury and in the custody of responsible officers, than they were in the hands of irresponsible banks (where so much was lost), is an unproved assertion ; in those countries too where the state treasury has nothing to do with banks, funds are transmitted and accounts ren dered without difficulty. Lastly, that it is an innovation on old customs, is not an absolute fault ; nay, it should rather be made a subject of commendation, if it turn out to be a plan of utility in place of one that was of no value. Hence all resolves itself at last into the question, whether the banks have a right to use the pub lic moneys in the interval between collection and disbursement, either interest-free or under advantageous terms ; and whether the government is bound to let this practice continue.! After the repeal of the Sub-Treasury law, President Tyler proposed that, instead of treasury notes bearing interest, there should be issued fifteen millions of dollars (about a third of the yearly revenue) in paper not bearing interest, that this should be receivable in all the public offices, and that provision should be made to insure its convertibility into specie at pleasure. The sum was to be not so large as to create danger ; but still large enough to regulate the transactions of the banks, and to operate advantageously as a general medium of circulation. In the exe cution of this plan no additional power was to be conferred on the president, nor was there any question of a dubious banking insti tution. This proposition was at first favorably regarded, then * Clay, ii. 324. Webster, iii. 222, 265. Phelps on the Tariff, p. 14. t Calhoun, Life, p. 50. TAXATION AND FINANCES. 189 neglected, and finally cast aside, — partly, no doubt, because it neither favored nor engaged in its behalf any private interests. The great similarity of the new English bank law introduced by Sir Robert Peel* to President Tyler's proposition, will proba bly direct attention to the latter anew, and lead to improvements. There is certainly but little hope of seeing the American banking institutions placed on a perfectly sound footing : for people are ac customed to violations and evasions of the letter and spirit of the Constitution with respect to the currency ; and Congress will not be able to govern the twenty-six states, nor the twenty-six states their eight hundred banks. Yet intelligent and impartial men, guided by science and experience, have plainly enough indicated the course which should be pursued for the gradual cure of these evils, the greatest of all next to slavery.! I heartily hope therefore that the following declaration of two experienced Americans may not prove correct. They say : The subject of currency is now hope lessly overwhelmed in the cant and ferocity of party politics. A man might as well go to Constantinople to preach Christianity ,as to get up here and preach against the banks !! CHAPTER XXI. TAXATION AND FINANCES. Revenue and Expenditure — Internal Improvements — Surplus Revenue — Single States — Europe and America — Indebtedness of the States — Repudiation — Taxa tion of Single States. In all countries of great extent we find revenues and expendi tures of the general government, and revenues and expenditures of the several provinces. But nowhere is the distinction, the contrast between them, so decided as in America. The general government has only two great sources of revenue — the import duties and the sales of public lands. In return * This law is also aimed at the gradual suppression of all the paper-money of pri vate banks. See § 910. f Specie, like other articles of commerce, goes where it is sought and used. Yet in the year 1838 alone, money to the amount of 17 millions of dollars was imported; and if in 1814 the specie amounted to only two dollars a head, it had arisen in 1837 to five dollars. American Almanac, 1841, p. 123. Report of the Treasury, 1838, pp. 14,43, 51. X North American Review, No. cxxv. 501. Gouge's History of Paper Money, p. 80, quoting Randolph. 13 190 TAXATION AND FINANCES. for these, all internal taxes were abolished as early as'1802, under Jefferson's administration ; and it was only during the war with France and England that they were laid again for a while on iron, hats, paper, leather, watches, sugar, &c, and temporarily also on villas and slaves* Consequently there are now in the United States no general taxes whatever ; no land-tax ; no excise, or tax on internal con^ sumption; and, excepting the officers of the customs, no tax- officers belonging to the general government ; no system of exclusion between the several states ; and no provincial taxation which extends or operates beyond its own boundaries. And herein the financial system of the United States is distinguished from every other. Furthermore, there is scarcely any where exhibited such a fluctuation, such a rapid rise and fall in revenues and expendi tures; and this doubtless is owing to the alterations in the tariff, the change from specie to paper payments, immigrations, the embarrassments of the banks and the currency, depressions in trade and over-speculation, &c. In consequence of its wealth, the government became extravagant ; and in consequence of its distress, it was obliged to resort to many objectionable expe dients. Even in the United States, the most peaceful and secure of all confederacies, an immense burden was created by its wars and the debts that arose out of them. The latter however were paid off as early as 1835 ;! and in 1839, there was a surplus in the treasury of 34,866,000 dollars. This surplus, it was maintained * Warden, iii. 389. t Prom 1791 to 1832, the revenues of the general government were : from customs • -$594,909,000 internal revenues 22,235,000 direct taxes 12,736,000 the post-office 1,091,000 sales of public lands 40,627,000 ; loans and treasury-notes 156,181,000 dividends and bank proceeds 11,052,000 miscellaneous 5,428,000 Total in round figures $844,262,000 The expenditures were : for the civil list $37,15S,000 the public debt 408,090,000 the navy 102,703,000 the army 214,547,000 Indian affairs 13,413,000 foreign " 24,143,000 miscellaneous 32,194,000 Total $842,250,000 — M'Gregor's Legislation, p. 207.. The numbers do not agree in all the statements. That under the head of "the army" many other expenses are included, will be shown in the chapter that treats of that subject. TAXATION AND FINANCES. 191 with the greatest zeal, should be expended in internal improve ments. Gradually however the enthusiasm in favor of this opinion cooled down, and the arguments against it were urged with constantly increasing force. It was said : The new inter pretation of the Constitution, by which Congress desires to regu late every thing pertaining to the general welfare, destroys the independence of the states. And even if we should be willing to grant it such a right, there is hardly any undertaking or im provement that is equally for the advantage of all the states, and to which all are equally bound to contribute. Let what belongs to the states be planned and executed by the states ; the general government possesses for this purpose neither the right nor the requisite skill. During the last sessions of Congress, 103 pre tended improvements were lightly adopted, and $12,600,000 granted for them. Of this sum four states received $7,060,000 ; and the rest complained with reason of the partial and unjust nature of the distribution* Of these 103 undertakings, 3 were never begun, 1 was given up, 4 were postponed, 11 were perhaps completed, 61 were not completed, 20 were completed, and these cost only $409,000. Congress has since given up the system of internal improve ments out of the surplus revenues ; and has become convinced that it is an absurdity, to extract from the people more money than is needed, by means of high taxation conducted at a great expense, and then to distribute it among the several states. Better would it be to let it remain from the first in the pockets of individuals ; and then ask, not how much shall we raise, but how little will suffice. The general government, says President Jackson, should not become a sharer in private undertakings, or take part in the construction of roads and canals, in the elections, &c, and thus acquire an influence injurious to the liberties of the people.! In this manner, says Calhoun, the government would be convert ed into a mere machine for collecting and distributing money, to the neglect of all the functions for which it was created,! The seasons of surplus were followed, from causes elsewhere explained,§ by seasons of deficiency ; which furnished occasion for numerous censures respecting erroneous calculations, ineffi cient supervision, extensive frauds, superfluous printing of unne cessary papers and reports, injudicious and excessive granting of * Financial Report for 1838, p. 15. t Messages of 1830 and 1834. Trotter, Observations on the Finances, p. 10. Register, 1830, append, p. 184. X Speeches, p. 449. $ For instance, in the chapters on Banks, Taxation, the Army, &c. 192 TAXATION AND FINANCES. annuities, &c. But notwithstanding all errors and defects, the government has only about 17 millions of advances and debts ; it has raised in the last four years a revenue of 120 millions of dol lars, and has not only covered the deficit, but possesses a cash surplus of seven millions of dollars. The expenses of government and costs of administration are, compared with other countries, uncommonly small ; which is evident from the single fact that the president's salary is $25,000 per annum (about £5,000 sterling), while the queen dowager of England alone draws £100,000. The expenses of Congress amount to about $200,000. The vice-president receives $5,000 Only four ministers* receive each 6,000 The chief justice of the supreme court, 5,000 The postmaster general, 6,000 Eight judges, 32,000 A minister plenipotentiary, 9,000 A secretary of legation, 2,000, &c. It has been asserted (paradoxically it may appear, but not untruly) that, for the maintenance of free institutions in a repub lic, and to facilitate returns to order and moderation, it is salutary from time to time to have a deficit in the treasury.! The above- mentioned surplus certainly arose from excessive taxation based on false principles ; and the distribution and expenditure of those moneys gave occasion for the exercise of improper influence, and produced factions and indirect corruption among individuals and even states. The general government can certainly never want means for meeting all really necessary expenditures; and by the adoption of wise and sound principles respecting currency, bank ing, and customs, the difficulties and mistakes that have formerly occurred will almost wholly vanish. If we now turn to the taxation of the several states, we see in the first place that they must lay taxes on no article that has been assigned to ihe general government. In other respects the amount of taxation is of course higher or lower, according as the possessions, wants, aims, and acquisitions of the people are greater or less. Neither praise nor blame can here be founded on figures separated frofn their context. The grand principle in the taxation of the single states, and the one most important in its consequences, is, that there shall be no land-tax, no excise, and no * These at the end of 1844 were : Calhoun, secretary of state ; Bibb, secretary of the treasury; Wilkins, secretary of war ; Mason, secretary of the navy t Calhoun, Speeches, pp. 360, 462. Life, p. 36. TAXATION AND FINANCES. 193 burthens on articles of food ;* on the contrary, by far the greatest portion of the disbursements are provided for by property and income taxes, so that the rich man pays his due proportion. If the democracy allows no system of taxation to be adopted that would press immoderately on the poor, neither has it unjustly attacked the rich by an increasing percentage of the property tax ; so that all parties have reason to be content. The difficulties of a property tax, which are elsewhere often regarded as insur mountable, vanish for the most part in the United States ; because the supervision, mode of raising it, appointment of collectors, &c. are thoroughly republican, — but above all, because the amount required and collected is very small.^ This American system of taxation presents the most perfect contrast to that adopted throughout nearly the whole of Europe.! Where bread, meat, beer, spirits, tea, coffee, wood, coals, in short all the necessaries of the lower classes, are heavily taxed, while the rich pay but little in proportion, those classes must grow poorer still; where, as in the United States, they are free from taxes, the people are vastly better off than in Europe. Societies for the purchase of sheeting and table-linen, for aiding poor laborers, for tending little children, for nursing lying-in women, — all these and similar means of relief are benevolent and philanthropical: still they will never root out the evil, but often aggravate it. They disturb the course of trade, awaken hopes that cannot be realized, encourage improvident marriages, and are but new editions with alterations of the old foundling-hospitals, &c. Neither is the end proposed by these charitable precautions any more likely to be accom plished by the wild, fantastic schemes of the St. Stmonists, Fou- rierists, and Communists. As long as we in Europe retain stand ing armies, expensive governments that interfere with every thing, splendid courts, settlements, endowments, &c. — so long will it be impossible to introduce the American system of low taxes ; and poverty, which is not to be exorcised with mere words, wiU continue frightfully to increase. The dark side of the bright picture we have been contemplat ing is exhibited in the indebtedness of the single states. As early as 1783, there arose on the conclusion of peace the weighty question, whether the general government should assume all the debts of the states incurred during the war. As it was feared on the one hand that too many obligations would thus be cast upon the government, and on the other that it would be allowed too * Calhoun's Speeches, p. 449. t Where the requirements, as in Europe, are great, they can never be covered by property and income taxes alone. X In Mexico the people are pressed down by a host of absurd taxes. — Miihlen- pfordt, i. 394. 194 TAXATION AND FINANCES. much power and influence, only those debts were transferred to it which the states had incurred for the common welfare. Since that time the states and cities have paid off a great deal ; but much more they have either borrowed, partly at high rates of interest, or issued in the form of state stocks : so that in the year 1840 the debts of nineteen states (the remainder* were free from debt) were estimated at 200 millions of dollars, exclusive of con siderable debts on the part of single cities.! It has been pro posed, that the general government shall assume these state debts, create paper to their amount, bearing interest at four per centum payable out of the proceeds of the public lands, and distribute these new stocks among the states, in proportion to the number of senators and representatives. As the property tax cannot be increased, as no excise can be introduced, and as there is no specie currency for the payment of interest in foreign countries, it is asserted that this proposition offers the only true, practical means of escape from every difficulty. But notwithstanding these difficul ties, the proposal has not been well received. It has been regarded as holding out a premium for imprudence, bad management, swindling and speculating at the cost both of the present genera tion and of posterity. The loud and bitter complaints which have been made, espe cially in Europe, respecting what is termed repudiation, demand a closer investigation. The Americans, it is said, have had the wicked audacity to repudiate, — that is, to declare that they will not pay their debts, but defraud their creditors of all their just demands ! — There is no doubt that many of the states in bor rowing and expending large sums of money have acted with imprudence and want of judgment, that jealousy and selfishness have been allowed to interfere, that secondary considerations have been raised to undue importance, that undertakings have failed, &c. ; but from all this it by no means follows that the states in general, with their constantly augmenting resources, are not in a condition to meet their engagements. If therefore by repudiation be meant a declaration, by the governments or the majority of voters, of a selfish or even fraudulent bankruptcy, this would be so utterly contrary to the sense of right and even the worldly pru dence of the Americans, that we readily adopt the explanation, that this much talked of measure is neither more nor less than a temporary respite, such as under the pressure of circumstances has often been granted before. Moreover, national bankruptcy, the reduction of interest, the * Viz. Connecticut, Rhode Island, Vermont, New Hampshire, New Jersey, Dela ware, North Carolina, and Iowa. t Thus Albany had a debt of $360,000 ; Philadelphia, of about $1,000,000 ; Boston, $1,700,000 ; New York, as much as $13,000,000. These sums however are constantly changing. — American Almanac, 1S41, p. 130 ; 1844, p. 229. TAXATION AND FINANCES. 195 depreciation of the value of paper issues, &c, have occurred so frequently in Europe, and have been so arbitrarily managed by the ruling powers, without allowing their creditors a voice in the matter or a legal remedy, that the Americans might justify simi lar measures by such examples — provided that injustice could thus be justified at all. Since of the debts of the American states 8 millions have been expended in roads, 42 millions in railways, 69 millions in canals, and 52 millions in bank undertakings* it follows that there is an essential difference between the state debts of Europe and Ame rica. The former were mostly incurred on behalf of destructive wars, and can produce no further fruits ; the American loans on the contrary were employed in peaceful enterprises, which in great part will be still more useful to posterity than to the present gene ration, and most of which will sooner or later pay the interest of the capital expended on them. It seems indeed to many Americans as impossible to impose extraordinary taxes upon themselves for the fulfilment of their obligations, as it does to many Europeans to reduce their stand ing armies for the same purpose; yet both are equally in the wrong, and do themselves the greatest injury. Hence it was said by the governor of Louisiana, Alexander Mouton : " It is mani fest that we have raised ourselves again from the deplorable state of immorality and wretchedness into which the country was plunged by indolence, extravagance, the credit and paper system, and the mad speculations produced by imprudent legislation." At all events it is a proof of ignorance, folly, or blameable excitement, to stigmatize all the United States, or all the Ameri cans without discrimination, as fraudulent bankrupts. Out of twenty-six states, seven have no debts at all, thirteen pay their interest regularly, and only six do not come up to their engage ments. Of these Maryland,! Michigan, Illinois, and Arkansas commenced undertakings with their borrowed capital, which for the most part are still incomplete. They are now earnestly engaged in restoring their credit ; in order with additional means to bring to a conclusion the works that remain unfinished, and from which till then no income can be derived. Pennsylvania,! who with proper exertions would doubtless have been able to pay, and who has therefore been the most violently attacked on the score of repudiation, has at length perceived that those wrho violate the rights of others always do the greatest injury to themselves ; she has imposed a tax upon herself, will pay next year the current interest, and it is to be hoped will soon satisfy * American Almanac, 1840, p. 105. t The debt of Maryland is stated to be about 11 millions of dollars. X Pennsylvania has a debt of about 37 millions of dollars, of which 30 millions have been expended on canals and railroads. 196 TAXATION AND FINANCES. her creditors altogether. Lastly, Mississippi has asserted that the pretended state loans were never recommended and approved in a legal manner, and that little or nothing of them has reached the state treasury ; wherefore she is under no obligation to pay either capital or interest out of the public revenues. Let those, it is said, be responsible who received the money, or let those suffer who imprudently furnished it at their own risk. — 'We cannot here go into the question as to how far those persons who negotiated the loans were empowered to do so, or transgressed the laws ; and whether the demands of the creditors can legally be brought against the state, or only against the recipients of the money. We can only express a hope, — since twenty states of Ihe Union have had no share whatever in the injustice or misfortune of repudiation, and five are about to free themselves from it as fast as they can, — that the twenty-sixth will also find ways and means of coming to an agreement wilh her creditors; and that thus the complaints of Europeans respecting America may be not only reduced to their proper measure, but entirely removed. Note. — I will here give, by way of example, a few further particulars respecting the taxation of the single states. In Alabama, taxes are levied on slaves, goods at auction, cotton in store, sales on commission, &c. (Amer. Alman. 1844, p. 264.) In South Carolina the principal tax was levied as early as 1787 on real estate and slaves. In later times there has been added to it a sort of tax on trades, and one on theatrical performances and public exhibitions of all kinds. State ments on oath respecting property and income are made the basis of taxation ; investigation and punishment however are resorted to in cases of necessity. Absentees pay double. In Georgia the land-owners have contrived to have the taxes laid chiefly on merchandize and stock in trade ; at which of course the burthened parties loudly complain. (Buckingham's Slave States, ii. 115.) In Illinois the state and city expenses are raised in proportion to property ; and this is the usual plan. (Ernst's Reisebemerkungen, p. 174.) In Kentucky this tax amounted to only one tenth per cent. In Massachusetts there is mention of a poll-tax on persons between the ages of 16 and 70, and a tax on personal and real estate; the former is said not to exceed $1.50, and does not amount at most to moie than a sixth of the sum required. All the rest comes from the property tax. Church property is not exempt from it ; but exceptions are made in favor of the property of charitable and learned institutions, household furniture not worth over $1000, clothing, agricul tural and mechanical implements, young cattle, the Indians and their effects, churches and church-pews. — As the income from bank stock (J per cent.) and from auctions nearly covered the expenditure, the property tax was for a long lime laid aside; and this occasioned in 1840 a new inquiry into the value of property, which was estimated at 300 millions. The entire revenue of the state amounted from 1837 to 1842 lo about 5J millions of dollars. In the year 1843, the expenses in round sums were : Pay of the legislature $70,000 Salaries 61,000 State printing 7,777 Agricultural Society 4,060 Premiums for silk culture 1,798 POST-OFFICE. 197 Institution for the Blind 9,772 for the Deaf and Dumb 2,967 Militia services 27,295 Support of paupers 56,000 The governor 3,666 &c. &c. In Missouri, the taxes raised from lands, houses, mills, negroes, cattle, and watches, amount to from ^j to % per cent. (Arnd's Missouri, p. 268.) In Ohio the taxes amount to about lj per cent, of the 132 millions of dollars at which the taxable property is estimated. (Amer. Alman. 1844, p. 278. Grand's Handbuch, p. 139 ) In Pennsylvania the income is raised from estates, auction-sales, collateral inheritances, tavern licenses, turnpikes, bank dividends, &c. In Tennessee the taxable property was rated in 1840 at 125 millions of dollars, and the taxes amounted to $136,000. (Amer. Alman. 1841, p. 227.) In Virginia taxes are levied on lands, slaves, horses, wagons, licenses to mer chants, attorneys, watches, pianos, &c. In New York, the taxable property was estimated in 1840 at §654,224,000, and the taxes produced were $3,148,000. The entire debt, the interest of which is regularly paid, amounts to about 25 millions. (Amer. Alman. 1841, p. 195; 1845, p. 224.) CHAPTER XXII. POST-OFFICE. The post-office establishment in the United States has never been mixed with the department of finance, or viewed as a prin cipal source of public revenue. The intention is merely to make the receipts always cover the expenditures, and to prevent the necessity of any additional appropriation for the benefit of rich letter-writers. In the year 1790 there were 75~post-offices, 1,875 miles of post-roads, and an income of $37,000; in the year 1829 there were 8,004 post-offices, and 115,000 miles of road; in 1838* there were 12,553 post-offices. 1842 " 13,733 " 1843 " 13,814 " 1844! " 14,103 " * Report of the Postmaster General. Hinton, ii. 276. Message of 1839. Ma son, p. 219. t In the year 1843 there were transmitted : Letters subject to postage, 24,267,000 " postage-free, 3,015,000 Drop-Letters for delivery, 1,026,000 Newspapers subject to postage, 36,334,000 " postage-free, 7,161,000 Pamphlets and magazines, 2,000,000, &c. 198 POST-OFFICE. The total transportation for last year amounted to 35,409,624 miles. The entire revenue amounted in 1790 to $37,935; and in 1844 to $4,237,285* The postage of a letter, i. e. of one piece of paper, no matter how large it may be, is for not over 30 miles, 6 cents. " 80 " 10 " " 150 " 12| " " 400 " 18| " over 400 " 25 " Two pieces of paper are charged with double, three with triple postage, &c. Newspapers not over 100 miles pay 1 cent ; over 100 miles, they pay 1| cents. Every publisher of a newspaper may send (under certain regulations) a copy of his paper to all other news paper publishers free of postage. From Maine to New Orleans, at least 2000 English miles, the postage of a letter amounts to little over a shilling sterling, or to from 10 to 11 silver groschen for 500 German miles. The post here as elsewhere, from the want of sufficient legal provisions, has fallen into disputes with the monopolizing con tractors of roads and railways respecting the time of conveyance and costs of transportation.! Congress then made use of its constitutional right, to pass a law that the department should not pay over $300 a year per mile for the daily transportation of one or more mail-coaches, and that the railroad companies must demand no more. According to the contracts, usually made for four years, the transportation per mile costs on an average, by horse and sulky, 6T3W cents. stage-coach, IOttj " railroad and steamboat, 12T77 " Jackson is blamed for dismissing an unusually large number of postmasters, and appointing none but persons of his own political creed.! Hence since 1836 a right of co-operation has been given to the Senate, at least in the appointment to the most considerable offices. Formerly the entire right of appointment lay in the hands of the postmaster general. The postmasters receive a share of the proceeds ; but this must not exceed a cer tain sum. If, as is asserted, there were actually sent in one year, by government officers, senators, representatives, postmasters, &c, * Among these receipts the letter postage amounted to $3,676,161, the newspaper postage to $849,743. t Report of 1838. The transportation for about one forty-eighth of the distance is per railroad. X Buckingham's Slave States, i. 233. THE TARIFF AND NULLIFICATION. 199 three millions of letters postage-free,* this abuse must very con siderably lessen the receipts. In the United States the post- office lays no exclusive claim to the transportation of packages and goods ;! but in recent times its exclusive right even to the conveyance of letters has unexpectedly been disputed, and it has been asserted that every single state and every individual projector has the right to establish post-offices as well as the general government. It seems absolutely necessary that an appropriate and decisive law should be passed relative to this subject, and that the abuses of the franking privilege should be abolished. So long as this is not done, any considerable reduction of the postage, without great deficits, will be impos sible ; and indeed the entire system of national postage must sink into embarrassment, to the serious > detriment of all the remote lying provinces. According to news that has just reached me, the postage of a letter under 300 miles has been fixed at five cents, and over that distance at ten cents.! CHAPTER XXIII. THE TARIFF AND NULLIFICATION. Introduction of Duties — Reasons for and against Protective Duties — Nullification — Compromise Act — Jackson and Calhoun against High Duties — New Tariff— Com mercial Independence — Wages — New Factories — Advantages and Disadvantages of America— Protective Duties for Agriculture — Raising of Taxes — False views respecting Duties — Clay and Webster on the Tariff— Proposals for Compromise — Evils and Means of Remedy — Smuggling — German Customs- Union. The words of the Constitution of 1787 respecting the right of Congress to levy taxes, are as follows : " The Congress shall have power to levy and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defence and general welfare of the United States ; but all duties, imposts, and excises, shall be uniform throughout the United States." * American Almanac for 1844, p. 132. t Mason, pp. 134-143. X This law went into operation on the 1st of July, 1845. It further says, that " every letter or parcel not exceeding half an ounce in weight shall be deemed a single letter; and every additional weight of half an ounce, or additional weight of less than half an ounce, shall be charged with an additional single postage." — Tk. 200 THE TARIFF AND NULLIFICATION. With very transient exceptions in times of necessity and war, the general government has imposed no excise or other taxes, but has provided for the general expenses wholly out of the sale of public lands and the duties on imports. Yet it is said in the first custom-law of the 4th of July, 1789, that "duties shall be im posed for the payment of the public debt, and the encouragement and protection of manufactures." As however they amounted to only five per cent, on an average, no great objection was made. But during the last war with England, many domestic manu factures were established ; which it was said could not support themselves on the restoration of peace, without higher duties to protect them against British competition. It was declared also to be but proper, to retaliate on the English corn and tobacco laws. Hence ensued in the year 1816 the first, and in 1824 a second augmentation of the tariff. In the year 1827 long investigations and interrogations were ordered respecting the costs of production, the price of labor, &c. ; and, as is usually the case, the fluctuating, uncertain, partial information procured, led to still more erroneous conclusions, on which was based a new and much higher protec tive tariff for the manufacturers.* That the question of revenue was utterly laid aside, appears from the simple fact that the pub lic debt was then almost wholly extinguished, and the income with good management exceeded the expenditure. The consequence of these new custom-laws was, that on the coast and particularly on the Canadian border,! an immense con traband trade sprang up ; and thus honest merchants suffered, to benefit a few smugglers and manufacturers. But the partizans of protective duties did not suffer themselves to be disturbed by these and similar results. They said : " The words of the Constitution (quoted above) give to Congress absolute authority to determine what are the wants of the general government, and how much is required for the welfare of the whole country. As now in particu lar the several states do not protect their fellow-citizens against foreign and injurious competition, do not establish and promote home manufactures, and cannot regulate the prices, all this becomes the peculiar duty and office of Congress, to whom the entire legislation respecting duties has been committed. Herein consists the true American system, which every friend of his country is bound to support." In refutation of these views, the opponents of high protective duties said : " Congress has a right to collect only what is actually * Thus on ready-made clothing of every kind there was laid an import, duty of 50 per cent, as if the tariff had been made by tailors and shoemakers. Wool was raised from 15 to 50 percent., woollen goods from 25 lo 50 per cent., hemp from 30 to 60 per cent. — Hinton, ii. 237. M'Gregor's Legislation, p. 194. t E. g. from the island of Campobello in New Brunswick and in Passamaquoddy bay. — M'Gregor's America, ii. 37. THE TARIFF AND NULLIFICATION. 201 needed for the payment of the public debts and for the defence of the country. It has no right to declare that any undertak ing seems useful to it, and that money must be raised and expended for such purpose ; for in this way the power and influ ence of the general government would soon undermine the inde pendence of the several states. The easily invented pretext of the public good, the eulogies bestowed on some dazzling scheme, will not suffice to take money at pleasure out of the pockets of citizens ; the more these are let alone, the less they are put into leading- strings, the more will they succeed in the attainment of useful objects by their own prudence and energy. All raising of the duties beyond the public wants, and for the mere purpose of protecting certain manufactures, is unconstitutional, unjust, and imprudent. It is an obvious absurdity to suppose that labor, capital, professions, trades, prices, are in this great confederation to be restricted, regulated, or promoted in any sensible way by the power of Congress. It is a folly and a falsehood, to call this system of monopoly, this favoring of certain classes or pursuits, the American system ; while it violates the doctrine of republi can freedom and self-government ; transplants hither the errors of Europe, in opposition to the letter and spirit of our Constitution; selfishly or blindly wrongs the whole people, in order to gain the applause of a few; or divides with partial hand the surplus trea sure that has been unjustly accumulated, to attract supporters to these false measures. " Natural manufactures will grow up of themselves ; artificial ones are an injury to the people, and at last to the projectors like wise. America must and will acquire by degrees the greatest manufactures of every kind ; but every thing has its time, and what is forced and premature is never in season. The absurdity and injuriousness of high rates of duty were long ago demon strated in the justly venerated Federalist;* and yet, after so many years of instructive experience, we return to what was then scorned and rejected." As early as the year 1823, the North American Review (p. 186 et seqq.) gave an exposition of the matter as moderate as it is complete : " The laments over the distress and downfall of our commerce are one-sided and exaggerated. These are only tem porary crises, arising out of too great boldness; and which must themselves be. regarded as a consequence of very great pro gress. Other evils arise from negligence, ignorance, want of machinery and capital ; against which protective duties would prove no efficient safeguard. At least it would be a simpler mode of proceeding, to seek for no specious pretexts, but give money at once to such as have none. Protective duties, on the * Chapter xxxv. 202 THE TARIFF AND NULLIFICATION. contrary, drive capital into perverse directions, and are as absurd and injurious for manufactures as for agriculture. — As soon as we comprehend that specie is nothing but an article of com merce, we perceive that it is absurd to say that a people buy more than they sell. The balance must always be paid in cot ton or silver. Just as absurd is it to speak of the exportation of specie as a misfortune : it may be exceedingly advantageous ; and under certain circumstances it may be less advantageous to export cotton or tobacco. What we do not need we send away ; and what would become of Mexico, if she exported no silver ? In a free trade nothing is imported or exported beyond the natu ral measure ; nothing is imported that we do not need, and nothing exported that we cannot dispense with. None but an idiot can set up the proposition, that specie is always more needed than other things. If we want it, it comes ; if we do not, it is better to get something else. Who complains that he has lost a dollar, if he has bought with it a needful pair of shoes ? When people who never had any thing turn bankrupt, they cry out that there is a drain of specie ; and the rich cry out along with them, in order to secure a monopoly and tax their fellow- citizens by means of protective duties. What if the shipping merchants, who always carry on an extensive business, were to demand a tax on domestic manufactures, in order to be protected against them and be able to import more ? " Every imported article is balanced by an exported one. The Englishman pays American, and the American pays English industry. It is only thus that trade and commerce and a beneficial reciprocity are possible. Some however would senselessly wish to have foreign articles, without using and pay ing for foreign industry, capital, &c. If I buy less, less is bought of me, and it is foolish to expend more power or money (either at home or abroad), when one can do with less. Otherwise we should have to propel steamboats by hand, in order to give employment to a greater number of people. A fall in the price of manufactured goods does not by any means invariably indi cate a diminution of the profits ; and even with protective duties, it is in general only the rich who gain, while the small traders are ruined." The American tariff (says a sensible English paper, the Globe) — unjust and partial in its principles, like all laws intend ed to encourage a particular branch of industry, and calculated to favor certain classes or districts of a country, to the injury of the rest — bears its natural fruits; since in the provinces that suffer from it great discontent prevails. The attempt in America to make laws for the protection of manufactures, is, in the pecu liar circumstances of that country, of very dubious policy and certainly unjust, &c. THE TARIFF AND NULLIFICATION. 203 Arguments drawn from science and experience, which were urged in speeches and writings against excessive duties, as well as the most earnest remonstrances made to Congress during many years by the representatives of the southern states, which had seriously suffered from them, were equally in vain ; the majority obstinately adhered to their one-sided, erroneous views. At last the citizens of South Carolina lost all patience ; they increased their measures of opposition, and in December, 1832, adopted the bold resolution, to declare the custom-laws of the Union null and void, and to renounce obedience to them. This resolution, which foretold a dissolution of the great and happy federal Union, and indeed partially carried it into effect, naturally created the greatest excitement and the most determined opposition. Such a nullification of the Union, it was said, is illegal, unconstitutional, imprudent, and not to be tolerated. No single state can decide whether or no Congress has unconstitu tionally transgressed its rights and privileges. This is the prero gative of the Supreme Court ;* or if it be doubted whether its jurisdiction extends so far, let it be decided by three fourths of the votes of all the states in a convention called for that purpose. When a contract is not fulfilled by one party, the other cannot on that account annul and destroy it, but can only enforce its per formance. The grievances of South Carolina are exaggerated, the legal means for their redress have not been made use of, and the results not waited for. The American Union is by no means a mere alliance of independent states ; neither does any such grievous oppression exist, as to confer the right of revolution. How if each state were thus to single out some object of dislike (as war, taxes, slavery, &c), and thereby seek to justify nullifica tion and its secession from the Union ? How if, on the other hand, the Supreme Court, or Congress, or the majority of a con vention, should wish on that account to nullify and destroy the nullifying state itself, or to alter the Constitution in essential respects ? Nowhere in the Constitution is a right given to the single states to correct Congress, in case of transgressing its powers, by annulling the laws which it makes. Nullification is revolution ; it breaks up the Union, and leads to war, conquest, and subjection. Never can a single state have more weight than Congress, never can a minority decide against the majority; for every congressional resolution is the voice of the majority of the people in the House of Representatives, and of the majority of the states in the Senate. The loss that would arise from nullifi cation would certainly far exceed any possible gain ; — and what would then become of the public lands, fortifications, debts, free * Knapp's Life of Webster, p. 156. Jackson's official Proclamation. Webster's Speeches, i. 409. 204 THE TARIFF AND NULLIFICATION. navigation, &c ? Accordingly no state has declared itself in favor of nullification ; all regard it as a forbidden revolutionary proceeding. Such were the general complaints respecting the proceedings of South Carolina. They seem, when viewed from the point of positive law, almost incontestable ; but they enter into no exa mination or refutation whatever of the existent grievances and abuses of the tariff. Let us now see how this state viewed the circumstances in question, and sought to justify her measures.* The substance of her declarations both official and unofficial was as follows : According to the letter of the Constitution of 1787, and according to the tenor of the negotiations respecting it, Congress has no right to impose taxes for other purposes than to cover the national expenditure. When therefore it raises money for a monopolizing protection of one class of citizens at the expense of all the rest, its proceedings are unconstitutional, oppressive, and unwise. Ever since 1816, the duties have been raised repeatedly under false pretences ; from 33 to 38 per cent, has been laid on woollen goods, and other rates have been increased from 7J to 100 per cent. ; yet this mass of absurdities has been presumptuously and hypocritically called the "American system." South Carolina did good service by stoutly opposing this mon strosity ; and though the remedy of nullification may seem a harsh and dangerous one, it was both lawful and necessary, and after ten years of vain endeavor, there was no other left. Be sides, it is a palpable and wilful misrepresentation, to assert that the object of the so-called nullifiers was a dissolution of the Union or a total separation from it ; they directed their attacks solely against certain unconstitutional decrees, and acknowledged the authority of all laws made according to the Constitution. Con gress has no right to alter the Constitution itself; for that pur pose other provisions have been made. As soon as these are disregarded, the opposition of the single states is the sole and legal means of upholding the laws, and in fact of preserving the Union itself. It is a self-evident proposition, that in every kind of voting, political or otherwise, the majority binds the minority. But it is a dangerous and wicked doctrine, that, the former can therefore do whatever it pleases, and that all rights may be annihilated by the force of such majority. On the contrary, the minority has also its indefeasible rights ; otherwise this mode of decision would be the worst kind of tyranny. The relation of the peo ple to the representatives, of the latter to the senators, of the sena tors to the president, of Congress to the states, shows that reliance is by no means exclusively placed on an abstract numerical * Statutes, i. 201. Calhoun's Life, pp. 39-46. Speeches, p. 67. THE TARIFF AND NULLIFICATION. 205 majority; but, for the protection of liberty, there is given at the same time a proportionally greater weight to certain minorities. Thus both the letter and spirit of the Constitution prescribe to Congress the bounds of its authority, by which no taxation of the kind described and unhappily introduced is allowed. This unconstitutionally creates a privileged class, lowers the price of raw produce, raises that of manufactured goods, and ruins the Southern agricultural states, to enrich those of the North. Sup pose the former states were to demand similar premiums and favors for the exportation of their productions ; what an outcry would the Northern manufacturers and legislators raise ! Out of 100,000 citizens there is hardly one manufacturer. These con stitute a class but few in numbers ; while the consumers are the great body of the people. The cheaper a man can supply one want, the more he has left for satisfying the rest ; and natural right and natural prudence are not to be violated, to satisfy the selfishness of a few who wish to sell dear. He who cannot carry on a business with free compe tition, should let it alone ; the contrary principle is in fact destruc tive of trade, it sets the costly and artificial above the natural, and takes much from many in order to bolster up what is unsuitable in itself. All trade is founded on buying where the articles are cheap and abundant ; the contrary principle leads to rearing vines in hot-houses, and making sugar out of substances that contain but little of the saccharine matter. Protective duties prohibit or render difficult the introduction of articles because they are good and cheap, and close the market of the world to favor that of monopolists. To say, that " nothing more is desired than a temporary protection for young manufac tures," is mere empty talk. Never did a manufacturer volunta rily give back to his fellow-citizens this compulsory boon, and every passing year renders the return to sound principles more difficult. Never was a manufacture permanently established by protecting duties which would not have succeeded without them. Every protective duty that impedes importation, impedes expor tation also ; and he who will not buy, will find at length that he cannot sell. The native manufacturers, like many agriculturists, possess only a local interest ; and Congress has no right to show preference and favor to such interest. They cry out to raise the duties; because they know that they contribute to them little or nothing, while prices are raised in a proportionate degree to their own profit. Without this protective tariff, South Carolina would buy 45 per cent, cheaper, and thus would be able to produce and to sell more cheaply. On that account purchasers are now seek ing cotton in other countries; and if the South loses this branch of cultivation, she must be utterly impoverished ; for she can esta- 14 206 THE TARIFF AND NULLIFICATION. blish no factories with negroes.* If at any time a greater cheap ness has resulted, it was transitory and by no means a conse quence of the protecting duties, but. of cheaper materials, improved machinery, increased capital, competition, peace, cic. The govern ment can do nothing to raise the price of American produce, and it should do nothing to enhance the price of manufactured goods. For that which is designed to secure the home market, the for eign market has to suffer ; and high prices are of no use where the market of the world is open. Europe answers duties with duties ; and this will lead to Chinese institutions at last. All this proceeds from folly that sets itself up for wisdom, and selfishness that claims the title of patriotism. Thomas Jefferson and Madison both declared that for unconsti tutional decrees of Congress, nullification was the natural and law ful remedy. Human sagacity can devise no more complete means, no more perfect principle for a despotic government, than the unre strained omnipotence of a majority, and the arbitrary power of de claring what is the public good according to which such majority should govern its conduct. The Supreme Court may resolve sin gle doubts respecting the Constitution ; but where this is silent, the court cannot determine any thing new, or subject to itself the indivi dual states. It is only through the independence of the latter thatit becomes possible to uphold the rights and existence of the minority against the despotism of a mere majority ; and hence the question respecting the adoption of the Constitution was decided, not by the collective majority of the American people, but by the majority of the states about to unite. In the. worst case, and when all other means have been exhausted, every slate must be allowed (as essential to its very existence) to leave the Union ; none have the right to coerce it into remaining. Such are the views and arguments of South Carolina. They seem the more important, because Virginia, Georgia, North Caro lina, Alabama, and Mississippi, began likewise to find fault with the tariff, although they did not approve of the bold steps of South Carolina. There was the greatest danger that the Union would be broken up, or the protective system completely overthrown. The idea of nullification necessarily deterred all parties from act ing in a tyrannical or hasty manner ; it operated beneficially, inasmuch as it led men to the abyss of destruction and gave them a look into its depths. On all sides was urged the necessity of mutual agreement and accommodation ; and this was seconded by public opinion, veneration for the federal government, respect for the individual states, and the numerous minority inimical to the existing system. The strongest right and the most indispensable * Jefferson said: " Whenever southern and northern prejudices have come into conflict, the latter have been sacrificed and the former soothed." Tucker i. 385. THE TARIFF AND NULLIFICATION. 207 prudence equally ordained that the middle course, recommended especially by Virginia, should be pursued. Notwithstanding all complaints, there remained to South Carolina the merit of hav ing indicated and enforced its adoption ; and to President Jack son and all the other states the merit of demonstrating that the preservation of the Union was of all objects the greatest in import ance and the. indispensable condition of liberty and happiness. Prophecies that on this or some other question the Union will be entirely dissolved, are mostly the result of partial or exagge rated views, or of a lack of courage and confidence. On the contrary, the history of nullification provides a new guarantee for the future wisdom, moderation, and stability of the Union ; men will come to an understanding, before they drive matters to extremes. Clay properly exerted himself to compose the differ ence ; and rivals were unjust who saw in this nothing but a proof of weakness. Congress in the year 1833 adopted his reasonable proposition, that the duties should be gradually reduced, by the year 1842, to 20 per cent. South Carolina here upon immediately withdrew her nullifying resolutions ; and it would seem as if quiet, unity, contentment, and the public pros perity, had received a happy and lasting impulse. Soon however new complaints arose, and all the great and before mentioned evils of the succeeding years were ascribed solely to the stoppage of the national bank and the low tariff, although numberless other causes co-operated with these. In the superficial estimate of the balance of trade, the most important facts were overlooked; e. g. the large income of the Americans from freight and shipping, from imported metals, and from loans contracted abroad. It was erroneously desired that exportation should increase in proportion to the population, forgetting that this rapidly growing population consumed a great deal itself, &c. Hence General Jackson said in 1837, in his farewell address : " The various interests which have combined together to impose a heavy tariff, and to produce an overflowing treasury, are too strong and have too much at stake to surrender the contest. The corporations and wealthy individuals who are engaged in large manufacturing establishments, desire a high tariff to increase their gains. Designing politicians will support it, to conciliate their favor, and to obtain the means of profuse expenditure, for the purpose of purchasing influence in other quarters. And if, encouraged by the fallacious hopes of an annual distribution of surplus revenue, the states should indulge in lavish expenditures exceeding their resources, they will before long find themselves oppressed with debts which they are unable to pay ; and the temptation will become irresistible to support a high tariff, in 208 THE TARIFF AND NULLIFICATION. order to obtain a surplus distribution. Do not allow yourselves, my fellow-citizens, to be misled on this subject."* With equal impressiveness, Calhoun, that sagacious advocate of a reasonably free system of taxation and trade, said in 1842 as follows : " Every augmentation of the duties is a violation of the Compromise Act of 1833. In order to give such violation an appearance of necessity, the proceeds of the sales of land were surrendered to the several states, the expenditures increased, loans contracted, the public credit prostrated, and none of the promises of retrenchment and economy were kept. Even the detested act of 1828 was not as censurable as the new one, because then so much instructive experience had not yet been gained. Since that time the expenditure has been unwisely increased from 21 millions to 27 millions, and the public debt from 5^ to more than 20 millions ; and all this for the favorite object of forcing upon us banks and a protective tariff. If an alteration of the tariff was requisite for the sake of revenue, why were many articles wholly freed from duty, while that on others was raised to such a height, merely for the protection of a few manufacturers, as to destroy all competition to the injury of con sumers, and furnish no revenue at all? By cutting off' the pos sibility of importation, exportation is also ruined ; and thoughtless and ignorant speculators are thus attracted to artificially created branches of industry. When these sink together into unforeseen but very natural embarrassments, they raise a new and loud cry for additional protective duties, and legislators unwisely and selfishly assent even to the most preposterous demands." " A people who do not raise the raw materials, but are forced to buy them, cannot manufacture to advantage, if their sales are confined lo the home market ; neither can a people that raises far more raw produce than it can use or work up, seclude itself from other nations by excessive protecting duties. If in the United States capital is less abundant and wages higher than in England, still other things are nearer at hand, cheaper, and the produce of the country: and we have found that manufactures have flour ished most when duties were low." " But pernicious as the prohibitory or protective system may be to the industrial pursuits of the country, it is still more so to its politics and morals. That they have greatly degenerated within the last fifteen or twenty years ; that there are less patriot ism and purity, and more faction, selfishness, and corruption ; that our public affairs are conducted with less dignity, decorum, regard to economy, accountability, and public faith ; and, finally, that the taint has extended to private as well as public morals, is unhappily but too manifest to be denied. All this originates * Messages, p. 594. THE TARIFF AND NULLIFICATION. 209 mainly in the fact, that the most influential portion of the com munity are not only exempted from the burden, but are benefited by that which weighs down all the rest. Hence they crowd our tables with unheard-of petitions, imploring Congress to impose high taxes ; and in this they are joined by the crowd of office holders who prosper most when the revenue is greatest, together with the banking and other associated interests, stock-jobbers, brokers, and speculators." " The great popular party is already rallied almost en masse around ihe banner which is leading the party to its final triumph. On that banner is inscribed : Free trade, loiv duties, no debt, separation from banks, economy, retrenchment, and strict adher ence to the Constitution."* These and similar reasonings lost a great part of their weight, from the fact that the public expenditure far exceeded the reve nue ; and sure and efficient aid within a short time appeared indispensable. This could not be procured by mere economy, nor by taxes on consumption or loans in time of peace ; and thus in the year 1842, a new tariff was perforce adopted, which in many instances raised the former 20 per cent, duties to 50 per cent. ; indeed on seventeen important articles the duty amounts to from 45 to 235 per cent-! It was easy to foresee that these measures would be judged very differently. Thus in fact one party saw in them the fulfil ment of sacred duties towards their country and fellow-citizens, the only means of restoring order and prosperity, the necessary protection against European misery and beggary, the glorious commencement of an epoch of complete independence, the source of ample revenues and internal improvements, &c. During the excitement of the presidential election in the sum mer of 1844, the views and hopes of this party rose still higher. Numbers enthusiastically advocated the tariff, as an infallible means of speedily becoming rich ; and even the originally mode rate leaders were perpetually driven to declarations of a more extreme tendency: — for this tariff-intoxication there was wanted a separate temperance society. But these very excesses necessa rily led to a revulsion, which was manifested in the victory of Polk. * Speeches, pp. 513-532. f Thus, e. g. a pound of English books pays 30 cents, or as much as the German Customs Union takes for a hundred weight. Furthermore Cotton goods pay 49-63 per cent. Woollen " 40-87 " Glass 186-234 " Gloves 50-75 " Leather 53 " Silks -40-65 " Shoes 50-75 " Soap 50; " Wine 60-67 " &c. 210 THE TARIFF AND NULLIFICATION. The declaration of his opponent, Clay, in favor of retaining the high tariff absolute and unaltered, must have revolted many ; al though they acknowledged his services on behalf of the customs, and approved his former more moderate course. After the present over-excitement shall have passed away, some reasonable, middle course will doubtless be adopted ; and this problem, although sufficiently formidable in appearance, will be more easily solved than that of slavery or the banks. Let us, however, even at the risk of some repetitions, examine the matter once more on all sides. A perfectly free trade, a complete annihilation of duties, is, in the United States as in other countries, impossible. This income cannot be dispensed with, neither can its place be supplied by an excise or by direct taxation. If, on the other hand, importation is prohibited or rendered impossible by excessively high duties, this equally results in a destruction of all revenue. Although indivi duals of either party may have pushed their views to one or the other of these extremes, yet the friends of free trade in general are as far from meaning by its adoption to abolish all duties, as the advocates of a high tariff are from desiring to put a total stop to importation. But between these extremes there are many intermediate points, on which men can unite and come to an understanding. That in drawing up tariffs, respect should be had to the proceedings of other countries, is natural and proper ;* but it is by no means advisable or advantageous, to imitate those foreign measures or even go beyond them. Care must be taken especially not to be seduced by uncertain statistical enumera tions, brief experiments, and partial conclusions, into sweeping and erroneous measures. The endeavor to attain complete commercial independence (that old European, and now so-called American error) is both foolish and impious ; commerce binds together countries and nations for their mutual advantage, and none but an unpractical philosopher like Fichte could regard a wholly exclusive commer cial state as the triumph of human developement. The entire independence of countries with respect to each other destroys all foreign trade (witness China) ; the entire independence of fami lies (who are to make every thing for themselves, like Robinson Crusoe) destroys all inland trade, and leads, not to an active all- sufficiency, but to narrowness of mind and physical want. An American historian observes, far more correctly than the German philosopher : " Mutual intercourse creates mutual dependence, mutual gain, and mutual friendship. May this continue for * England lays a duty of 103 per cent, on an average, on IS American articles of exportation ; but she reduced her tariff at the moment when America raised hers. THE TARIFF AND NULLIFICATION. 211 us and our children, for our Eastern brethren and their pos terity."* It is a very natural and commendable desire, that of warding off from America the poverty and misery of European factory operatives ; but if a high protective tariff were an adequate defence against these evils, they would certainly not have made their way into Europe, almost all the states of which have surrounded themselves for these two hundred years with a Chinese wall of du - ties. It is true thatfor the moment the competition of foreign ven ders may hereby be prevented or at least impeded ; but while pro tecting the producers, men quite forget the unprotected consumers equally entitled to regard, and create within the country itself an artificial competition, which at length depresses prices and wages, in spite of all the prohibitions against foreign goods. When it is represented as the right and duty of one government to guard its subjects by a high protective tariff, the same rights and duties cannot be denied to any other government ; and thus by means of custom-laws they all set themselves in a useless counterpoise to each other. All depends then on whether a government has particular reasons for such a proceeding, which others can not adduce. The necessity of procuring employment at home for an excessive population does not exist in the United States and it would be ridiculous to say it did ; — but then perhaps it is necessary to stir up the indolent, stupid, spiritless Yankees by artificial laws, and force them to industry and enterprise ! The same hands which manufacture only with the help of the tariff, would probably produce more, if left to their natural employ ments ; what is turned into one channel is averted from another, and the number of consumers is not increased by a mere change in their occupations. The West and the South, goaded on by high protective duties, are now determined to manufacture also, and to turn even the negroes (as in the District of Columbia) into factory operatives. " They will not drive us out of the market," say the Massachu setts people ; but one undertaking will certainly restrict the other, which would be only a subject of congratulation if brought about in the natural course of things. The prohibitory system, like Saturn, devours its own children ; and the lawgivers who at first acted the part of godfathers to the new-born infants, very often accelerate the child-murder by a necessary change of measures. It is brought forward as a principal and perhaps the weight iest reason in behalf of the high American tariff, that for the well- being of the people it is necessary to keep wages high, and exclude the competition of the too cheap and beggarly labor of Europe. * Atwater's History of Ohio, p. 312. May the Western people always be of this mind ! 212 THE TARIFF AND NULLIFICATION. I have already observed, that artificial protection to manufactures almost inevitably produces by degrees a poor population, and then an excessive reduction of wages ; but I must here protest against another contracted view. The friends of high duties in America only compare the wages of labor with that of Europe, and draw from this their favorite conclusions and results, without bestowing the slightest consideration on numerous other equally important circumstances ; as e. g. facility of water-communication, immense water-power, mines of coal of immeasurable extent and exceed ingly cheap in the vicinity of the factories, iron ores incomparably richer than in Europe* cheaper cotton raised in their own counlry, cheap land and cheap food, far lighter taxes, no obstructions 10 industry by military service, a free internal trade from Maine to Lou isiana, &c. &c. If these and similar advantages are thrown into the scale of receipts, and the higher wages into that of expenditure, it will be seen that the American manufacturer enjoys a far better position than the European, and that the latter might lay claim (as indeed is also done for the purpose of mutual exclusion) to still higher protective duties. Thus, according to these principles of political economy, the German duty on Virginia tobacco ought to be raised higher, to compensate for the advantages of slave- labor, climate, &c. But it seems wholly inexcusable, if viewed after the manner of protectionists, that North American cotton should enter duty free into Germany, and the Silesian weavers be almost starving ; while attempts are made to destroy the cotton factories in Germany, and to force people to buy linen shirts and table-cloths. Such are the inextricable embarrassments into which every government falls which endeavors to artificially pro mote or hinder the natural and in the end the most beneficial course of things. As soon as one branch of manufacture desires protection against the rest, the entire agricultural interest, with equal justice or injustice, demands protection against the entire manufacturing interest; and it depends altogether on chance or superior influ ence, whether the duties are to be laid on corn, or on cotton and woollen goods ;! — but why not protect waggoners by a tax on railroads ? It is certain that one branch of industry (agriculture) suffers as much injury from protective duties, as the other (manu factures) receives benefit from a more extended use of capital. * Even Clay admits (Speeches, ii. 41) that iron requires no protection against England ; and the same remark was made to me by manufacturers in Lowell with respect to the articles of their production. The American ore contains from 60 to 80 per cent, of iron, while the English ore yields only about 25 per cent. t In America the minority of the manufacturers have for the most part decided, and in England that of the great landholders. Hence they are termed by Jefferson, " the nobility and landed aristocracy of England, men booted and spurred to ride the consumers legitimately by the grace of God." Owen's Speech on the Tariff, p. 4. THE TARIFF AND NULLIFICATION. 213 If when the prices of tobacco, cotton, and lard-oil begin to fall, it were proposed to grant bounties on exportation, the shrewd Yankees would not suffer themselves to be persuaded it was done for their benefit. That in Europe more respect is paid to inherited than to acquired possessions, is true ; but both are destitute of the high est estimation, if they are seen to be separated from mental culti vation. Nor is labor regarded in Europe as degrading or degraded : it is only more poorly paid, because the supply exceeds the demand ; wherever this is not the case, wages and prices are high. It is possible, to be sure, that the imposing of heavy taxes (as those in Prussia on distilling and brewing) may prove such a spur to industry, ingenuity, and economy, as to enable the pro ducer to sell his wares cheaper than before ; but in general every tax increases the cost,* and must be borne either by the buyer or the seller. Were this not the case, the manufacturers would cer tainly advocate a reduction of the duties ; because raising them would then diminish prices, and along with high duties smuggling must also come to an end. No mode of levying imposts can give to one part of the people without taking as much from the other ; and if a manufacturer allege that he cannot yet sell cheap with a duty of 20 per cent., he will not with one of 50 per cent. Those who assert that high duties are attended by a fall of prices, do not in general stop to consider whether the new and unexpect ed act of legislation may not compel some foreign manufacturers to put up for the moment with a loss ; and whether the diminu tion in prices is not rather the result of numberless other circum stances than of the tariff. People very often content themselves with the abstract proposition, that demand alone governs prices ! but what governs the demand? Does this continue the same with high and low duties, with prohibitions on importation and with free trade? Are we not thus brought to the conclusion, that high duties must make a people happy, and low duties unhappy ? Still more unfounded is the flattering belief, that the duties are paid by foreigners ; and that by raising the American tariff in particular, a great burden has been cast upon the shoulders of the English, which American citizens formerly had to bear!! This easy wisdom all nations would soon get by heart; the much lauded protective system would produce the wondrous result of forcing the English to pay the American, and the Americans to * " In general it may be taken as a rule, that the duty upon an article forms a por tion of its price." Thus says Clay himself (ii. 144), the present advocate of high duties. t Twenty-seventh Congress, third session, State of Finances, p. 5. 214 THE TARIFF AND NULLIFICATION. pay the English taxes ; an increase of duties would always give a blow to one's neighbors; and at length a happy equipon- derance would be obtained by mutual and total exclusion. This balancing-pole, with which old Europe and still older China have so long exercised their rope-dancing skill, and with which they have so often rapped their own pates, has also been taken in hand — and it is to be hoped for the last time — in America. He who spoils the market of others, ruins at the same time his own ; he who regards specie as the ware of all wares, the most desirable of all possessions, and who thinks that when one party in trade gains the other must lose, has not yet mastered the ABC of political economy. It would however be most unfair to represent or complain of the declarations of a few zealous partizans, or assertions made in moments of high excitement, as true exponents of American science. On the contrary, sensible men of both parties stand nearer to each other than they themselves often think ; and though it cannot be maintained that the Compromise Act is a faultless and unalterable law for all times, it does not appear to me so very difficult, as regards either theoretical doctrines or practical experience, to establish a new and suitable compromise. According to their own declarations, both Clay and Webster, the advocates of a protective tariff, are willing to give their con currence. The former says :* " Extreme measures are always evil. Truth and justice, sound politics and wisdom, are always to be found in the middle path, the juste milieu. All ultraism is des tructive, and is even attended with injurious consequences. We must reject as well the doctrine of entirely free trade, as that of excessive duties. Let me not be misunderstood.! I am not advocating the revival of a high protective tariff. I am for abid ing by the principles of the Compromise Act, and am only for giving an incidental protection to our home industry. I too am a friend to free trade ; but it must be a free trade of perfect reci procity. If we do not sell, we cannot buy ; and the measure of our imports is furnished by our exports-! A duty of 20 per cent, to be paid in ready money, and a free admission of articles used by manufacturers, would in my opinion afford sufficient protection. A high tariff I do not consider necessary. A system of duties founded on common conviction and consent, implant ed in the breasts of all, is better than one forced from a discon tented and opposing minority. Above all the theory of pro- • Speech in Raleigh, 23d April, 1844. t Speech of 1st of March, 1842. Speeches, ii. 548; i. 142, 155, 230, 246; ii. 439, 582, 168, 169 ; i. 220. X Very true ; but this rule also works the other way. THE TARIFF AND NULLIFICATION. 215 tective duties presupposes that after a certain time they will no longer be necessary. Both parties, as regards their opinions, are equally upright, honest, patriotic, and eager to increase the hap piness of their country. We should therefore exercise every forbearance, and constantly exhibit moderation and affability towards each other." Let us now hear Webster. " I think," says he, " that a tariff with moderate rates and carefully prepared, is useful for the country. If the proceeds of the customs add to the surplus reve nue, the duties must be reduced, even at the hazard of injuring some branches of manufacturing industry ; because this, in my opi nion, would be a less evil, than that extraordinary and dangerous state of things, in which the United States should be found lay ing and collecting taxes, for the purpose of distributing them, when collected, among the states of the Union."* On these sensible, moderate views we will rest our hopes ; and we will not animadvert or lay any great stress upon the fact that Clay, yielding to the zeal of many of his adherents, designated the present tariff — which was drawn up with the greatest haste in the moment of necessity, and passed through the Senate only by a majority of one — as unalterable.! Injurious as unnecessary changes in tariffs may appear, it is just as certain that there is scarcely any part of legislation which more frequently needs alter ation ; because the circumstances on which the scale of duties depend are constantly varying. Errors on both sides will best be avoided by leaving self-interest and partizanship out of the question. Webster sneers at the demand of the democrats for a " judi cious" tariff, on account of the general nature of the term, though the same objection applies to the demand of the whigs for a " sound " currency ; but it would be unjust to deduce the extreme of absurdity from such preliminary general expressions. Web ster's too violent accusation, that " the democratic party meditate the utter destruction, root and branch, of the whole system of do mestic protection,"! would deserve severer censure, had he not in a cooler moment very commendably said : " I am quite sure that a calm and dispassionate consideration of this whole subject, by intelligent and enlightened men on either side of the Potomac, would result in the conviction that there is really no such wide difference, in regard to what the interests of the different parts of the country require, as ought either to endanger the security of the Union, or create ill will. For myself, I fully and conscien- * Address at Andover, p. 25. Speeches, iii. 82. t So once spoke Sir Robert Peel ; but he afterwards altered a great many things. X How far the democrats are from this, is shown among other things by Mr. Polk's letter of the 19th of June, 1844, to Mr. Kane. 216 THE TARIFF AND NULLIFICATION. tiously believe that, in regard to this whole question, the interest of the North and East is entirely reconcilable to the real, solid, and permanent interest of the South and West." * All sensible persons, and those in America form after all the great majority in this respect, are agreed that the duties should not be wholly done away with, and not be equally high for all articles; that ad valorem duties are very difficult to estimate, and lead to inequalities and frauds ; that a new examination is necessary as to what articles should in future be admitted duty-free ; and that payment of the duties in bank-notes of doubtful value should not be allowed. Thus the field of dispute is narrowed down to the amount and gradation of the duties — to a mere question of more or less. As every duty carries with it a direct or indirect protection, while to an average duty of 20 per cent, on imports there are to be added about 15 per cent, for freight, insurance, damage, &c, the American manufacturer enjoys in this case an advantage of 35 per cent. If this will not suffice, even the considerate advocates of protective duties must allow that forced trades are not advantage ous and proper, but are artificial and injurious to all. Hence it is said by Brough, the auditor of the State of Ohio : " In consequence of the increase of our duties, the English have set up a system of retaliation ; which forms a complete obstruction to trade. The agriculturists of the West experience this first, both in the lessen ed value of their produce, and in the diminution of the income from their canals and other public works. The deficiency must be covered by new taxes — an evil consequence of the recent measures of our government!"! Another inevitable consequence of high duties is, as before remarked, the practice of smuggling. For, the assertion that "all Americans are too honest and too patriotic to engage in this culpable employment," may well admit of doubt; at least legislators should not — contrary to the Paternoster — lead them into temptation. Neither can the possibility of smuggling over the northern boun dary and on the sea-coast of America, be denied. " In conse quence," says Stephens, " of the heavy duties on regular impor tations into Mexico, most articles are smuggled in from Balize and Guatimala. Indeed, smuggling is carried on to such an extent, that many articles are regularly sold for less than the duties."! Now is not this a lamentable and wretched state of things, where the smuggler defends the natural liberty of the peo ple, against the despotism and partiality of their legislators? That with the increase of trade and population in America, a moderate duty will suffice to cover the public expenditure, is not * Speeches, iii. 425. t Report for 1843, p. 40. X Central America, ii. 252, 378. THE TARIFF AND NULLIFICATION. 217 to be doubted; and it will also (it amounts to several millions) certainly suffice to protect the home manufactures. Indeed the required amount might be raised with loiver rates of duties, if a slight tax were laid on some articles, as tea and coffee, which now come in free. The reason assigned for this free admission, viz. the good of the people, would appear much more commendable and receive greater credence, were it not too flimsy to hide the real object, which is to raise the protective duties all the higher, and thus take with one hand more than the other gives.* The revenues may increase either with rising or falling duties ; a sys tem of duties may fill the treasury, and still be good for nothing. It is true that consumption increases with the ability to buy ; but this ability does not augment in direct proportion to higher rat.es of duties, or in consequence of the protection granted to certain branches of manufacture. There are in the world as many poor agriculturists as there are poor manufacturers, and equally strin gent tariffs have not elevated the different nations to the same degree of prosperity. In the most recent times the states of Eu rope have proceeded on a vast many different principles : while one has retained its older tariff, a second has raised it, and a third lowered it. Facts such as these must put an end to the superstitious notions respecting the omnipotence of a tariff, and cause a return from extravagant hopes and fears, to that moderate course, which alone contains within itself the earnest of its duration, and leads to uni versal contentment. The relations also with foreign countries, especially with Ger many, will be improved by a judicious adjustment of the American tariff. That the treaty with the Zollverein proposed this summer would not be accepted in Washington, might have been foretold without the gift of prophecy. For there were united against it the momentary dislike of President Tyler and the intrigues rela tive to the choice of his successor, the ignorance of the Americans respecting German affairs, the zeal of all the friends of high pro tective duties, the short-sightedness of some of the Hanseatic corporations, the interference of England, &c. It is to be regret ted that there was not some respected, well informed ambassador at hand, to represent the interests of Germany, to allay prejudices, and combat ill will ; but all was left to chance, or rather was given into the hands of jealous rivals. As however the sagacity, activity, and concurrence of the American minister Wheaton failed to make any impression, certainly no endeavors of the * John Quincy Adams fairly says in the letter to his constituents : " The tariff is eminently protective, far more than it is financial." And Clay admits that several arti cles have been freed from duty altogether, " with a view to the benefit and protec tion of manufactures." Evans's Speech, March, 1842, p. 17. 218 THE TARIFF AND NULLIFICATION. most able German ambassador would have succeeded ; still he might have prepared the way for the future, removed obstacles, and corrected errors. Thus for instance, it was asked whether Bavaria or Prussia was the larger state ! It was asserted that North America had no trade with Germany, but only with the Hanse towns, and that this must come to an end with the expira tion of the treaty! It was forgotten that the Hanse towns, and also Rotterdam and Antwerp, re-export to Germany most of their imports, and that on the reduction of the tariff they would import and export still more. Men allowed themselves to be persuaded that Prussia merely wished by means of this treaty to force the Hanse towns, Oldenburg, and Hanover, to enter into the Zollverein, and would then take back the privileges which she now offered to the United States. England claimed that, accord ing to existing treaties, she must be treated in the same manner as the most favored nation ; and that consequently any reduction of duties that might be allowed to Germany, must not be refused to herself. That Germany would make considerable concessions in return for these allowances, instead of receiving a large dona tion gratis, the English ambassador very well knew;* but of course he did not bring forward this point, and was glad that neither Germans nor Americans publicly availed themselves of it. When England puts its duties as low as Germany, whose tariff taken altogether is the lowest in the world, America can concede to her the same advantage. But in regulating the commerce between two great nations, men ought not to proceed in a petty, shopkeeping spirit, and cast up deceptive penny reckonings ; but should seek with enlarged views to promote freer development and closer intercourse. It is to be hoped that under the presi dentship of Polk this course will be adopted, the merits of Whea ton recognised, and the purely American question respecting the participation of the House of Representatives in making com mercial treaties easily answered. If Germany and America will moderate their tariffs of their own free will, the desired end will be attained, without any necessity for making treaties and thereby tying up each other's hands. * England lays on a pound of raw tobacco a duty of 73 cents ; and on a pound of manufactured tobacco, $2.16. Germany on the contrary charges on a hundred weight of tobacco-leaf -5 thalers 15 groschen, and on a hundred weight of wrought tobacco 11 thalers. In official documents of the United States (Digest of the Cus tom-Laws, iii. 27) praise is conferred on the liberality and wisdom of the German Zollverein, but the opposite course is adopted. CHAPTER XXIV. THE ARxMY, MILITIA, AND NAVY. Number of the Army — Division, Officers— West Point — Army Expenses — The Militia — The Navy — Standing Armies. Nowhere hardly is there exhibited so great a difference between European countries and the United States, as in respect to the army and the defence of the country. I will first communicate a few facts, and then append my remarks. After the peace of 1783, there were retained as a standing army only 800 men. in 1790, the army numbered .... 1,200 " 1796, " «--... 3,000 " 1812, " (during the war with England) 100,000 " 1821, " " 6,000 « 1S40,* " " 9,920 " According to a resolution of the 23d of August, 1842, the regu lar force was to be reduced to 3,920 men ;! it consisted however in 1843 of 7,590 men, among whom were 650 dragoons, 2,100 artillery-men, 4,400 infantry, 650 riflemen, &c. In the year 1844 the army numbered 8,616 men. The gradual increase of the army to between eight and nine thousand men, is censured by many as excessive ; it is however justified by others, who declare that this number, spread over a surface of such immense extent, is too small, rather than too large. The English, it is said, keep a comparatively far stronger force in Canada ; against attacks or ill conduct on the part of the Indians, a quick protection is required ; and at all events there is needed a body of practised men, to whom in case of war the militia may be attached. For this last reason there are placed in the American army at least three times as many officers as in other countries; and there is a very well conducted institution at West Point, for educating and training them. It numbers on an average 250 pupils, and has 30 teachers and assistants. It is richly provided with a library and every requisite for military education ;! and a secondary result by no means unimportant is, that the youths * North American Review, xxiii. 246. t American Almanac for 1844, p. 129. X Northern Traveller, p. 33. Mason, p. 128. 220 THE ARMY, MILITIA, AND NAVY. here brought together from all parts of the Union contract warm friendships which are preserved through life. The president and secretary of war select those who are to be received from the seve ral states, in proportion to the number of their representatives. The choice is not bestowed as in other countries on poor noble men's sons, or other aristocrats ;* on the contrary, among 221 cadets, 59 were sons of farmers and planters, 14 of mechanics, 5 of hotel-keepers, 12 of physicians, 27 of judges and advocates, 10 of arm y officers, 4 of naval officers, 4 of clergymen, 48 of widows, 23 of men in various stations oflife, and only 5 were sons of public officers. The discipline is so strict and severe, as to displease many. The subjects of the four years' instruction are, as enumerated : the science of war, tactics, the knowledge of fire-arms, moral philoso phy, mineralogy, geology, chemistry, natural philosophy, experi mental physics, mathematics, French and English. Geography and history I do not find expressly mentioned. It is very wisely remarked, in the Report of the Examining Committee respecting the Academy in the year 1842, that the cadet should be so educated, as to acquire a love and a taste for all liberal studies, and that he should be penetrated with the desire of employing every leisure moment in the cultivation of his mind and the increase of his intellectual acquirements. It is remarkable and characteristic, that in Europe the occu pying of the cities with soldiery, especially the larger ones, is regarded as absolutely necessary to the maintenance of order and obedience; while in America no military whatever are stationed in the cities, but all are distributed along the borders and among the forests. In these fixed quarters, fortified in part against the attacks of Indians, the officers, notwithstanding much severe exer tion, have still leisure enough at eighty stations to render many services to physical science, to make observations with barometers, thermometers, hygrometers, &c! The pleasing results of this scientific activity on the part of well instructed officers have brought many things to light in America for which in Europe observers of a similar kind are wanting. If we reflect that in America there is no conscription whatever, no obligation to serve in the army, that with high rates of wages every one can earn a great deal, while the large proportion of officers increases the expense, — it will appear very natural that a given number of soldiers should cost far more in America 1han in Europe, where the government pays the conscripts whatever it pleases, where many supplies and quarterings are not put into * Yet it has been remarked, and with justice, that it is not advisable that youths who are too poor should devote themselves to the military profession in America, and have to wait for tedious and uncertain promotion. f Forry, Climate of the United States. THE ARMY, MILITIA, AND NAVY. 221 the account, and no notice is taken of what the volunteer and the officer are obliged to spend over and above their pay, and where to set down time as any thing profitable or valuable is never thought of. Very characteristically and very justly, the time spent in military exercises (e. g. in the militia) is reckoned in the official statistical documents of the United States as a tax, and the value of the time which the people thus bestow is set down as an expense. Notwithstanding all these particulars which directly or indirectly increase the expenditure of the war office, people are frightened when the secretary of state annually demands for that department twelve millions of dollars. This example however shows very clearly how easily and how greatly figures may deceive, when not subjected to a closer scrutiny. Thus among these 12 millions there lie concealed : for improvements of roads $587,000 surveys 71,000 lighthouses 116,000 harbors and rivers 1,713,000 Indian department 842,000 pensions of all kinds 2,499,000 After these and other immense items of expendi ture, there is then set down the " pay of the army," at \ . . 555,000 clothing expenses, at about 395,000 and so on. Suffice it to say, that the whole expenditure for the army, fortifications, the military academy, stores, &c, amounts only to from one fourth to one third of the apparent total given above. The men enlisted, usually for five years, must be between the ages of 18 and 35, at least five feet in height, and acquainted with the English language. Those who are willing to remain in the service after their time is out, receive by way of extra compensation three months' pay* Among the provisions * A company of infantry has a captain, a first lieutenant, a second lieutenant, four sergeants, four corporals, two musicians, and eighty rank and file. A company of artillery has three gunners in addition, but only 80 rank and file. A regiment numbers : Dragoons 649 men Artillery 585 " Infantry 557 ' Riflemen 549 " The yearly expense of a private of dragoons is : for pay $96.00 food 43.80 clothing 32.43 Total $172.23 15 222 THE ARMY, MILITIA, AND NAVY. which the soldier receives are enumerated tea, sugar, rice, beans, potatoes, meat, &c. The serving out of spirits in the army has been entirely done away with ; its place is supplied with coffee, sugar, or a compensation in money.* In the navy no one receives spirits who is under twenty-one years of age ; older persons have their choice. Many assert that the expenses occasioned by the army and navy might be considerably diminished without injury to the public service ;! or rather that by a neglect of proper foresight and economy, they have gradually been suffered to attain such an overgrowth, that every soldier and every sailor now costs incomparably more per annum than he did twenty years ago. Although this censure, may be just, the pay of the army is still not so great as to attract Americans born ; on which account foreigners are also taken into the army. It is certain that many expenses, as for instance the costs of transporting men and munitions of war, have been greatly reduced by the construction of roads, canals, and railways : thus it is said that to transport a mortar from New York to Buffalo now costs 24 instead of 200 dollars. It is a principle distinctly laid down and strictly adhered to, that the military is altogether under the control of the civil power and is to be directed by it. An institution of more importance than the small standing army, or at least of a more national character, is the militia, respecting the formation of which a complete law was passed as early as 1792. Every able-bodied man between 18 and 45 years of age, is bound to serve in it and to provide his own accoutrements.! Of a private of artillery : for pay SS4.00 food .43.80 clothing 27.58 Total $155.38 Of a private of infantry : forpay $84.00 food 43.80 clothing 27.45 Total $155.25 The yearly receipts of the officers, in the shape of pay, rations, compensation, &c, is thus given : Major-general Scott, commander-in-chief $7,539 Two brigadier-generals $4,436 to 4,951 A colonel (according to the arm to which he belongs) 2.298 " 3,781 A major 1^530 ¦' 2,fc7 A captain 1,113 " 2,024 A first lieutenant 821 " 1,355 A second lieutenant , . .797 " 1 290 * Grund, Handbuch,[p. 24. Mason, pp. 127, 130. t Calhoun, Speeches, pp. 463, 467. } Jackson, in 1814, at the battle of New Orleans, took colored men into his army, and they behaved better than was expected. THE ARMY, MILITIA, AND NAVY. 223 The president is empowered to call out the militia and put them into actual service. The general regulations respecting the militia are rendered more specific, clear, and complete, by tho laws of the several states ; although these are not perfectly unanimous. I give a few examples. In Massachusetts, every white male between 18 and 40 years of age is bound to serve in the militia. Official personages and clergymen, the Quakers and Shakers, are however excused, although not always without paying. Each one procures his own uniform and accoutrements, accord ing to certain regulations ; or else he takes them from a military depot. Artillery, standards, and musical instruments, are pro vided by the state. The officers of the militia, and also of the army, are appointed in different ways by the senate and represen tatives, by the governor, and by the officers themselves. Subal tern officers and captains choose the militia-men. Each officer and private who performs all his duties receives a bounty.* The number of training-days is very small; non-attendance and some other misdemeanors are punishable by fines. About 10,000 separate from the mass as volunteers, and in case of need are first called out; these are more carefully drilled, and if they fulfil all their duties are more highly paid. In Alabama, the fines for non-attendance are : for a private in the militia, from 1 to 3 dollars, a lieutenant, " 3 to 30 " a colonel, « 10 to 100 " In New Hampshire and Kentucky there are similar regulations to those in Massachusetts.! He who from religious scruples will not appear in person, pays a dollar a day during the period of service. Many subalterns are chosen by the higher officers. For military offences there is a court martial. The officers wear the same uniform ; for the privates no dress is prescribed. In South, Carolina, public officers, clergymen, school-teachers, pilots, and a certain number of persons that cannot be spared from mills, forges, &c, are exempt-! ^ tne mjlifia is employed out of the state, it receives the pay of the regular army. If kept engaged for a considerable time within the state, the monthly pay, to which some supplies are added, amounts to six dollars and a half. A uniform is prescribed. The officers are mostly chosen by elec tion either by their inferiors or superiors. The governor pre scribes when and how often they are lo train. In this, however, colonels and majors also have a voice. In Virginia, the militia are exercised for four days in the year ;§ * American Almanac for 1841, p. 187. t State Laws, p. 1167. % Statutes, viii. 485. § American Almanac, 1839, p. 170; 1844, p. 1*7. 224 THE ARMY, MILITIA, AND NAVY. and the officers are required, in addition, to train three days before the regimental muster. The whole number of militia in the year 1844 is stated at 1,750,000 men. Of these Massachusetts furnishes .... 86,000 Virginia, " 116,000 New York, " 180,000 Ohio, " 180,000 Pennsylvania, " 247,000, &c. Every where is exhibited a disinclination lo spend much money and time in paying and exercising the militia. Yet it is said that many young men willingly enter the militia, for the sake of the gay dresses, and to win the admiration of the ladies. * Every European officer will declare that three or four days' training in the year is insufficient ; they will also find fault with the want of uniforms which is sometimes seen,! will animadvert upon the variety of accoutrements, will be offended at the idea of training in shirt-sleeves, and will regard it as a horrible crime for the men to amuse themselves with attaching paper queues (as I was once told they did) to the backs of the officers standing before them ; nor would it meet with their approbation that, when the fines for absence are to be inflicted, the reporting officer should be prevented from reaching the court-room by a crowd brought together for the purpose, and thus after the time has elapsed be forced to go away. Indeed in the new constitution of New Jersey, it is enumerated, as I learn, among the inaliena ble rights of man, that no fines should be paid for absence on a training-day. The humorous proceedings here alluded to meet with scarcely less sympathy lhan the serious ones, and all is dis posed of without any visible enforcement of strict obedience or severe punishment. It would be the grossest absurdity, say the Americans, and the most useless expenditure of time, strength, and money, for us to exercise our militia like a European army. would cost us still more, and be of no sort of use. Buckingham notwithstanding found the militia of Georgia so well drilled and clothed, that he places them on a level with the Parisian National Guard.! In New Orleans there was exhibited, chiefly among the French inhabitants, a predilection for military exercises and parades ; and I myself have in several places witnessed reviews of militia which could not be distinguished from those of European troops. Competent judges are of opinion, that out of the militia of more than a million and a half, 100,000 men might be selected for a first draft, and more carefully drilled. At any rate, on some * Buckingham's Eastern States, i, 28. f Slave States, i. 126, 355 ; ii. 69. } Duncan, i. 229. AND NAVY. 225 serious occasions, evil consequences have been seen to result from the present state of things. Thus in the war conducted by Jack son against the Creek Indians, the militia in an unbecoming manner demanded leave to go home ; and in 1813, the negligent Americans were every where beaten by the strictly disciplined English troops. But when the former saw how much was at stake, and what their country and their honor demanded of them, they very soon learned (like the Prussians in 1813) what the pro fession of arms requires, and their enthusiasm effected what no mechanical discipline can ever accomplish. They obtained at New Orleans under Jackson and on the Canadian borders the most brilliant victories, even over Wellington's veterans; and General Harrison found himself compelled, particularly with respect to the Kentucky volunteers, to issue the surprising com mand, that they must restrain their boldness and moderate their excessive ardor.* An American seaman who was pressed on board an English man-of-war, chopped off one of his hands, to disable himself from serving the enemies of his country, and said : " If that is not sufficient, I have still a hand left to strike off a foot."f The Roman feeling of this sailor, which was not, like that of Mucius Scsevola, connected with a crime, and the enthusiastic courage of those militia, are not to be produced by drilling on the parade- ground ; a right*knowledge and appreciation of the inestimable blessings of peace cause the flame of true bravery to burn up far more brightly and strongly than a fondness for long destructive wars. During their voyages across the ocean and upon the dan gerous Mississippi, in their struggles and privations among swamps and wildernesses, the Americans need a constant and determined bravery of disposition, which is seldomer found and seldomer appreciated, than mere military courage. They are the greatest conquerors in peace that history knows. It is there that we usually find exhibited the most laudable and noble courage, where men, supported by higher views of the destiny of individuals and of nations, dare to despise the vain '•glory" of military conquerors and destroyers. This peaceful bravery surpasses all warlike courage that depends on mere over-excitement; and thus that which ren ders Germanic North America glorious, South America has never yet been able, to attain. And indeed the same may now be said of Europe, to which the words of the virtuous Pestalozzi too well apply: "Many take more delight in looking at the parades of idle soldiers, are better able to judge of their deport ment and their finery, and prize them more highly, than they do the industry and the honor of citizens."! # Schoolcraft's Travels in the Mississippi Valley, p. 26. t F. Wright's Views of America, p. 312, X Raumer's Geschichte der Padagogik, ii. 301. 226 THE ARMY, MILITIA, AND NAVY. The Americans are just as little desirous of keeping up a numerous navy, as a large standing army ;* yet according to the latest summary, they possess 10 ships of the line, 15 frigates, 23 sloops of war, 7 brigs, 8 schooners, 8 steamers, and 4 store-ships-! It was shown in the year 1814, that the Americans could very speed ily strengthen their naval force from stores laid up, man their ships with able seamen, and even overcome the English. In addition to this, they took in the years 1813 and 1814 over 1600 merchant ves sels.! Both parties bitterly felt the misery of thai war, and they certainly will not lightly break the salutary peace by any dispute about a boundary. It is to be hoped however that the power of Congress and of the single states either is or will be made suffi ciently strong, to prevent rash and passionate individuals from be ginning feuds on their own score, and thus endangering the peace and safety of entire nations.^ " War," said the peaceful democrat Jefferson, "is a wholly useless implement for redressing wrongs ; it multiplies the loss, instead of furnishing compensation for it." Standing armies, which were originally regarded (like the libe- rum veto in Poland) as a folly and a misfortune, are now looked upon as useful, necessary, indispensable, and salutary. Panting in their grasp and drained of her best blood as if by vampyres, Old Europe drags on her feeble yet over-excited existence, unable to accomplish as great objects as were formerly within the power of a single city (Cologne for example*, or Strasburg) or of one state of America just born in the wilderness. || With the outlay made for European armies, or even for fortifying Paris, it would have been possible, by the adoption of well judged measures, to effect vast internal improvements, and to free the oppressed masses from their burdens and elevate them in the social scale, without the slightest danger to the state. It is not true that necessity imposes that brilliant but blighting curse to its present wide extent ; certainly not in the mighty kingdoms of France and Russia. On the contrary, they are every where the result of ancient abuses, custom, errors, prejudices, poverty, vanity, want of employment, indolence, ardent spirits. CHAPTER XXVIII. CHARITABLE INSTITUTIONS. Lunatic Asylums — Deaf and Dumb Institutions — Institutions for the Blind — Houses of Refuge — Hospitals — Widow and Orphan Asylums. The reproach that " Americans think only of money-making and of physical enjoyments,," is nowhere so clearly shown to be void of truth, as in their very numerous benevolent institutions for the aged, the sick, the blind, the deaf and dumb, and the lunatic ; which owe their origin solely to voluntary contributions and self-taxation*. It) is impossible to enumerate them all, and, to describe their specific advantages i still it seems proper to speak of a few of them in different parts of the Union, by way of example. LTJNATlCr ASYLUMS. In the year 1843,, there were 26 lunatic asylums in the United- States, and one out of 978 persons became deranged. The reluctance to send insane persons to public institutions is wear ing off; since the conviction has gained ground that those institu tions are admirably conducted, and that cures are mueh oftener effected in them than by the most careful private nursing. Some principles are universally adopted in the treatment of the insane,. and certain conclusions haive been confirmed on all sides. CHARITABLE INSTITUTIONS. 243 Among them are the separation of the deranged into different classes ; the entire rejection of all harsh and cruel remedies ; the benefits of varied occupation, of instruction, and religious teach ing ; the impropriety of artificial deceptions, &c. When the deranged are immediately brought into these institutions at the very commencement of the disorder, very many are easily and speedily cured ; on the other hand, thej longer the disorder has continued, the seldomer and more protracted is the restora tion, and consequently the greater the expense. Before the reception and the discharge of the insane, a careful investigation is usually made in the presence of physicians and magistrates. In Columbia, South Carolina, the managers of the Insane Hos pital are chosen for six years by the two houses of legislature ; and these appoint and remove all the subordinate officers. The first of these receives'a salary of $1000, two physicians $300 and $200, and each attendant $200. One attendant is allowed to fifteen of the insane. Among them were found in general more men than women, and more single than married people. For a pauper. the poor-officers pay $100 a year ; persons of property give from $250 to $650, according to what is required and afforded. In Hartford, Connecticut, the Insane Hospital has an annual income of about $17,000 ; and in 1843 it took care of 169 patients, 97 men and 72 women. Among 1,327 cases, the following causes of derangement were assigned : 224 hereditary complaints, 174 ill health, 113 religious apprehensions, 6 Millerism, 104 intem perance, 20 secret practices, 10 disappointed ambition, 6 jea lousy, 94 excessive mental exertion, 69 domestic distress, 45 child-birth, &c. There are almost twice as many single as mar ried patients. As a relief from employment properly so called, lighter amusements are provided: as walking, riding, books, games, music, and the like. The new splendid Insane Hospital at Philadelphia has been built and established entirely by voluntary contributions. Since 1751, when an older institution was opened (the oldest in the United States), 38,400 persons have been received and treated. Among 439 patients, there are now 166 unmarried men, 84 un married women, 75 married men, 65 married women, 17 widow ers, and 32 widows. The causes of derangement assigned are: ill health 64, intemperance (men) 26, accidents 32, religious excitement 21 (12 men and 9 women), political excitement 2, metaphysical speculations 1, tight lacing 1, excessive study 8 (among them 1 woman), opium 2 (both women), tobacco 2 (both men). Out of 258 insane men, 32 were farmers, 21 mer chants, 23 clerks, 13 physicians, 3 lawyers, 6 clergymen, &c. Among 181 women, 20 were seamstresses. Severe measures are hardly ever resorted to : at the worst, a short confinement 244 CHARITABLE INSTITUTIONS. and the putting on of mittens to prevent the very violent from injuring themselves or others. All the arrangements at this insti tution seem excellent, — air, water, warming, food, &c. A great variety of occupations are followed by amusements equally varied : such as walking in the beautiful garden, books, news papers, music, concerts, circular railroads, &c. In the Insane Hospital at Worcester, Massachusetts, 1,777 per sons were received in 11 years, and 792 restored to health. Out of 699 patients, whose illness had not lasted a year, the large num ber of 622 were eitherwholly or almost wholly restored. Thecost for each amounted on an average to two dollars and a half a week. Among others, a Mr. Johannot gave the institution $44,000. More lost their reason from physical causes (intemperance, sick ness, &c.) than from moral ones. Nevertheless, the superintend- ant, Mr. Woodward, remarks in his instructive Reports : The operation of the causes that produce insanity is an inexplicable mystery : the same cause and the same character may lead to different diseases. Insanity arises from political contests, reli gious fanaticism, debt, sudden misfortune, disappointed hopes, bankruptcy, bad diet, unsuitable clothing, excessive lacing, &e. There were among the lunatics the mother of Christ, the wife of Napoleon, the empress of Russia, the queen of England, the grandson of the Almighty, a turtle, and a woman with 100,000 hogsheads full of bank-notes. For the treatment of the insane, Mr. Woodward lays down the following rules : Respect them, and they will respect themselves ; treat them as reasonable beings, and they will take the greatest pains to show that they are so ; place confidence in them, and they will strive to deserve it, and will rarely abuse it* In Boston, Massachusetts, 1,191 persons gave voluntarily $131,000 for the founding of an Insane Asylum and Hospital, and among them a Mr. William Appleton gave alone $10,000.! The gradual voluntary contributions amounted to $581,000. The arrangements at this asylum are not only neat and well adapted to the purpose, but are in fact splendid, comprising car pets, hangings, mirrors, mahogany furniture, pianoforte, &c. &c. More than one half of all the patients received are maintained wholly free of expense. The paying patients give more or less according to what they require ; the lowest rate is three dollars a week. The reports of Mr. Bell, the head superintendent, are highly instructive. He asserts and proves that it is extremely difficult to * Woodward expresses himself opposed to an unconditional separation of the sexes. t In Maine two gentlemen gave toward the establishment of an Insane Hospita-1,, $10,000 each... CHARITABLE INSTITUTIONS. 245 determine the commencement and the primary cause of insanity. What is designated as the cause is often but the effect and conse quence ; wherefore the usual divisions of statistical tables, into mania, dementia, &c, as well as the figures designating the num ber of persons rendered insane by such and such causes, are not at all to be relied on. The grounds and symptoms are by far too manifold and too much involved in one another, to justify us in hastily setting down the result under one of the old accustomed heads, such as pride, religion, and the like. Where the tendency to the disorder exists, the occurrence of this or that circumstance may easily bring it on ; but the primary cause is often to be sought behind and beyond the last occasion. Mr. Bell is more over of the opinion, that far more crimes have their origin in insanity than is commonly supposed; still he grants that the public should be secured by the confinement of such persons, although they are not accountable beings. The Insane Hospital at Columbus, Ohio, I shall notice in another place. DEAF AND DUMB INSTITUTIONS. There are in the United States several excellently conducted institutions for the deaf and dumb.* Yet Mr. Horace Mann, who has so highly distinguished himself in the cause of educa tion, remarks that the German institutions deserve the preference, inasmuch as they teach their pupils to communicate not only by signs, but also by sounds.j To this it is objected : 1st. " The Germans aim indeed at this ; but they accomplish nothing by it, and for the sake of it neglect other instruction." Both objections may be pronounced exaggerated. 2dly. " The dumb can never communicate except with those who understand their language." Certainly ; but this natural limit ation applies to all mankind, and the signs of the deaf and dumb are understood by nobody who has not learned them. Words however find a much more general acceptance and understanding than signs, and the alphabet of sounds opens a much wider and more convenient sphere of communication than the alphabet of signs and figures. 3dly. " The idea that the mere ability to pronounce a word is a help to understanding it, is so palpable an absurdity as to need no serious refutation." A parrot or a starling certainly does not arrive at the meaning of a word by pronouncing it ; but for man, speech is the vehicle of thought, and where (as in the case of the # E. g. one in New York with a yearly income of about $31,000 and numerous pupils, who are employed as gardeners, shoemakers, tailors, cabinet-makers, book-binders, &c. In Philadelphia there is a Deaf and Dumb Institution with 121 pupils, and the state contributes to it $11,000. t North American Review, No. 125. 246 CHARITABLE INSTITUTIONS. deaf and dumb) speech is wanting, its place must be supplied by signs. If these signs are useful for the interchange of thoughts, why deny to sounds and words their greater natural advantages ?* The true reason, which has deterred people in England and America from teaching this language of sounds and from suc ceeding in the endeavor, lies undoubtedly in the want of tone in the English language, its very different pronunciations of the same letter, and its excessively arbitrary orthography. Certainly no deaf and dumb person can learn to understand an English man; because he sees only, and does not hear the language. Scarcely one Englishman in a thousand speaks distinctly, in the sense in which the German and Italian languages, for instance, require and produce distinctness ; scarcely one moves his lips so that it is possible to translate the motions into sounds, and recog nise the latter from the former. INSTITUTIONS FOR THE BLIND. Among several very excellent institutions for the blind, I men tion first that in Philadelphia, which numbers about 70 pupils. They are. well taught in reading, writing, cyphering, and singing, as also in different sciences ; and at the same time they are occupied in various ways, such as making wicker-work, carpets, brushes, and the like. At the printing-press there have been printed various religious and secular works (some German) and suitable pieces of music for the use of the blind. The Perkins Institution for the Blind in Boston takes its name from an individual who gave $50,000 towards its esta blishment. Another legacy, that of Mr. Tidd, amounted to $17,000. About 70 blind persons are supported out of the annual income. A Bible printed here costs $20, and is distribut ed to the poor and to Bible-Societies gratis. The reports of Mr. Howe, the superintendent, are highly instructive. His remarka ble acuteness and untiring patience have been admirably shown in the case of the blind, deaf, and dumb girl, Laura Bridgman ; of whom Mr. Dickens, guided by the official reports, has already given a very circumstantial account. The instruction began with placing before her objects with their names placed upon them in raised letters, until by repeatedly and carefully feeling them, she at length comprehended their connection, and could herself find out and compose the inscription for each object. By degrees she learnt the signification and use of adjectives, verbs, pronouns, &c, and to talk with wonderful rapidity with the signs of the deaf and dumb. She writes correctly and legi- * " Men did not select vocal sounds for a colloquial medium from among other possible media, but it is the natural one." — Howe, Report on the Perkins Institution, 1843, p. 28. CHARITABLE INSTITUTIONS. 247 bly, and keeps a journal of the events of her life. Especially touching are her great cheerfulness and the gratitude which she displays to her instructor and instructress. She certainly pos sesses great natural talents ; for a blind boy named John Cank- ford, from Annapolis, Maryland, who has also lost hearing and speech, makes but very little progress, notwithstanding all the efforts of his teacher, Miss Colton, and after short intervals of excitement falls back into a state of stupidity. Mr. Howe justly remarks, how necessary it is for the blind, even after their education properly so called is completed, that they should all be assisted onward in the path of life. He directs attention also to their talents and aptness for music. This how ever is necessarily limited, where the reading of notes, along with others is concerned ; while in giving instruction, the want of sight must render it difficult for them to guide the fingering and the position of the hands. HOUSES OF REFUGE. The houses of refuge are also worthy of particular mention. In several cities, as New York and Philadelphia,* they are esta blished upon an excellent footing, for forsaken, orphan, vagrant, or begging children, and even for youthful criminals. No regu lar jury decides upon their reception or punishment, but judges and overseers especially appointed ; since in general the design and object are not punishment, but to offer — and excellent results have attended the plan— a place of refuge and reformation. Good instruction, both secular and religious, is intermixed with many kinds of labor ; such as book-binding, chair-making and mending, umbrella-making, cooking, washing, sewing, &c. In New York, since 1825, there have been trained there 2,367 boys and 953 girls ; and the yearly expenses of the establishment amount to near $20,000 for about 320 individuals. In Philadelphia there were received in the year 1843, 110 boys and 58 girls; and besides the committee of inspection consisting of men, there was chosen one of women also. The average cost for a child, including food, clothing, bedding, fuel, washing, furniture, super intendence, &c, amounted to about two dollars and thirty cents per week. They are supplied with rye-bread in summer, and wheat-bread in winter. For dinner they have soup, meat, and vegetables; for supper mush or boiled rice. hospitals; widow and orphan asylums. These are so numerous and in general so well conducted, that I can here only bestow upon them a general commendation, without entering into particulars. * In New York colored children also are received, but not in Philadelphia. CHAPTER XXIX. THE POLICE. Gambling-houses, Lottery-offices, Hotels — Drivers, Cruelty to Animals — Games of Chance — Vagrants — Firemen. It is evident, that many kinds of European police and police supervision cannot be employed in the United States. It would however be a great mistake to suppose that they take no trouble about any thing of the sort, and allow every man to act accord ing to his own will and pleasure. On the contrary, the police- laws are for the most part excellent ; and in many states (as Massachusetts) there are even traces of the ancient puritanic strictness in the punishment of adultery, fornication, selling obscene books, blasphemy, swearing, and drunkenness. But if in Europe unnecessary supervision and tyrannical intermeddling often occur, there is frequently felt in the United States a lack of useful and essential restraint. Too little is more easily borne with than too much; and if police-officers in the one country are sometimes arrogant and rough, in the other they are obliged to study an excess of politeness. Thus a police-officer is said to have addressed a rioter in the following terms : " My dear, good sir, will you not have the kindness to go home ? Your worthy wife and amiable children must be anxious about you," &c. I subjoin a few more specimens from the police laws of Massa chusetts. Gambling debts are not valid ; gaming-houses and lot teries are prohibited ;* inn-keepers who turn away travellers without sufficient reason, and fail to provide suitably for their entertain ment, are fined $50, and lose their license. Such license is to be given only to persons of good morals and blameless reputation. They are bound to make up the loss of stolen goods ; ! are not to sell liquor to the point of drunkenness, are to give none what ever to minors or servants, or to grant them any credit. If an inn-keeper allows games with cards, dice, or billiards in his house, himself and the gamesters are punished. The selectmen may prohibit a tavern-keeper, under a penalty of twenty dollars, from furnishing dissolute and profligate fellows with any thing whatever. On week-days these public houses are closed at ten * Statutes, p. 376. t Kent, ii. 593. the police. 249 o'clock, and are not opened at all on Sundays. Only one spirit- shop is allowed to 2,000 inhabitants. Should a driver leave his horses unfastened when he has passengers in his carriage, he is liable to two months' imprisonment, and a fine of fifty dollars. Cruelty to animals is punished by a fine, not exceeding $100, and imprisonment not over one year. If people are killed by officers in the use of legal force, the latter are not liable to indictment. In South Carolina all games of chance are strictly forbidden. The gamblers are fined not over $500, and the keeper of the house not over $1,000 ; they are imprisoned not over a year, and the money staked is forfeited, one half to the informer, and the other half to the state. On any probable grounds of suspicion, a forcible entrance into the gambling-room is allowed. Equally strict are the laws in Illinois and Kentucky* In the latter state what is lost in play may be demanded back by the loser, and heirs and guardians retain this right for five years. In New Hampshire a justice of the peace, on evidence being adduced, is allowed (though under reservation of certain rights of appeal) to send to the work-house for six months, not only vagrants and other idle and worthless persons, but also players at forbidden games, all fortune-tellers, or those who offer, through secret arts, to discover stolen goods. Also all pipers, fiddlers, vagabonds, stubborn servants and children, night- revellers, tipplers, obscene talkers, — all who neglect their business, waste their substance, and provide neither for themselves nor their families. Similar enactmentsi [exist in New York ; but of course they must be enforced with great caution, in order not to lead to abuses. Iu the fire department of the police, many evils have arisen from the exemption of young men from militia duty, on condition of enrolling themselves as firemen. They are seldom inclined to obey strictly the orders that are issued ; besides which they fall into bad company, and, in some places, into violent and even bloody contests. The firemen of Philadelphia are accused of purposely allowing a church to bum down, because they did not like the doctrine preached there. In Boston these companies have already given place to better arrangements ; and some other cities would do well to follow the example. * Hall's West, p. ii. 202. Statutes of Kentucky, i. pp. 242, 756, 758. CHAPTER XXX. administration, city regulations. Self- Government — Counties — Communities — Baltimore, Boston, Charleston, New York, Philadelphia, Pittsburg, Richmond, Washington — Change of Officers. No country of the world is so little governed by authority as the United States ; and nowhere is so much left to the immediate regulation and decision of the people them selves. This absence of all pupilage and centralization lessens, without doubt, the strength of the general government ; as was seen, for example, at the breaking out of the war of 1812, the contests on the Canadian frontier, the affairs of the Bank, &c. Legal means, however, have still been found of sufficient power to produce obedience on the part of the several states (as in South Carolina, on the question of nullification), and also to bring into harmony with the jurisdiction of each state, the authorities of its cities and towns. Moreover the right of self- government, thus granted, induces every individual citizen to understand and take part in public affairs, lessens discontent and opposition, and leads to maturity and independence in the best sense of the word. If the general government has but four ministers (for the Departments of State, Treasury, War, and the Navy), it is plain, from this small number, that it does not extend its attention and co-operation to the great variety of objects, which elsewhere occupy an immense number of officers, and impose heavy cares upon them. The same holds good of the government of the separate states, Each state is divided into a certain number of counties ; though these do not so much form peculiar political corporations, as divisions for certain branches of administration. All the voters in a county choose, usually every year, three commissioners and a treasurer. The business of the former is to take care of the public buildings, the highways, licenses, the division and liquida tion of the county-taxes, the administration of the prisons, poor- houses, county property, &c. Sheriffs are usually appointed by the governor, and confirmed by his council, or the senate, for a greater or less number of years. ! They watch over the public * They have neither seat nor vote in Congress. t Mason's Treatise, p. 49. administration, city regulations. 251 peace, guard against and punish all breaches of it, superintend the prisons, and execute all commands emanating from the higher officers. Registers of deeds are often chosen for five years by the whole body of voters. The duties of officers are minutely prescribed; and in the justices of the peace, and especially in the meetings composed of several of them, there is a peculiar means for compelling the officers to perform their duties. The functions of coroners and constables are similar to those of the same officers in England. In direct opposition to the institutions of many other coun tries, the community is the source and the life, the punctum saliens, of every common public undertaking. It is entirely independent in all matters that relate to itself alone ; for example, buying, selling, laying taxes, conducting law-suits, &c. The commu nity of inhabitants or voters elects for every considerable depart ment of business special officers (usually for a year), and even furnishes them to the state for certain purposes; while it no where asks or permits the interference of the state-officers. The town-officers frequently receive no fixed salary, and have no prospect of further advancement ; but they are paid according to the particular services rendered, and return after the expira tion of their terra of office, unless re-elected, to the body of their fellow-citizens. The following is taken from the laws of Massachusetts. In the town-meetings every one is entitled to vote, who is twenty-one years of age, has resided a year in the town, is not a pauper, and pays a tax. The selectmen elected by the citizens appoint the meetings, and make known publicly the precise objects for which they are held. What ten or more voters propose in writing must be taken into consideration. If the town-officers do not perform their duty in this matter, a justice of the peace may at the request of ten or more qualified persons call a town-meeting. A moderator is chosen to preside. He gives permission to speak, and all others must quietly listen ; disorderly and disobedient per sons are removed and punished. In these town-meetings all the necessary town-officers are chosen for a year by ballot. No one is obliged to fill the same office two years in succession. The presiding officer is often re-elected, and so remains in office for two, four, or six years. The citizens are obliged to serve in the city-watch, unless they prefer to pay the cost of a substitute. The town-clerk keeps a record of births and deaths. Similar regulations are found in all the states, and the prin ciples of organization are substantially the same for all the cities ;* such as the general right of suffrage, a mayor, two coun- * The selectmen are in the towns nearly what the aldermen and council are in the cities. 252 ADMINISTRATION, cils, and several subordinate officers, most of whom are elected for one year. In order however to a better understanding of the subject, I will enter more particularly into the institutions and circumstances of a few of the cities ; from which some further general conclusions may be drawn. The city of Baltimore had in 1840, 102,000 inhabitants ; which number has since increased to 164,000. It is at present divided into fourteen wards, and governed by a mayor and a council of two branches. For the first or lowest branch all the citizens of a ward choose annually by ballot two persons, 21 years of age, residents of the city for three or more years, and possessing a property of not less than $300. For the second or highest branch the citizens of a ward choose every two years one mem ber 25 years of age, 4 years a resident, and possessing a property of $500. The mayor, who holds his office for two years, must be twenty-five years of age, a resident of the state for ten years, and of Baltimore for five ; he must possess a property of $500 value, and receives a salary of $2,000. He is empowered to lay before the council proposals for laws and administration, to the adoption of which a vote of two-thirds is requisite. Exact lists are made of those entitled to vote, and perjury in this respect is punished with from two to five years' imprisonment. Newly made citizens must present in time the necessary proofs of their claims. Notwithstanding these well contrived regulations, many abuses still take place at the polls ; accordingly severe penalties are inflicted in case of illegal or double voting, and one half of the amount goes to the informer. The police regulations respecting all matters that occur are remarkably complete and judicious ; e. g. respecting the harbor, the streets, lighting, fires, gunpowder, cleanliness, health, inns, mar kets, theatres, gambling, wells, aqueducts, pumps, railroads, car riages, measures, weights, chimneys, street-music (prohibited), the observance of Sunday, stamping of silver, privies, dogs, swine, &c. Police laws are transgressed in Baltimore, as every where else. For instance, rewards are offered for taking up and kill ing dogs and hogs found running in the streets. So soon how ever as the money is exhausted (in the first months of the year), those persecuted animals are at liberty ; and I saw as early as in May several large sows busily engaged in street-cleaning. The mayor brings forward another complaint in his official report : viz. that unmannerly boys at all times, and especially on Sunday, disturb quiet citizens by unseemly noises ; and that the day and night watch are not sufficient to find out, apprehend, and punish them. For more serious cases there is organized a city-guard, which bitter experience shows to be necessary ; and these have precise directions how to proceed in case of riot. If CITY REGULATIONS. 253 the authorities have not done every thing in their power to pro tect the innocent, the latter are indemnified at the public expense. The city revenue is raised from the market receipts, harbor and ship dues, licenses, the dog and water-tax ; but chiefly by a property-tax. The valuations of individuals are here tested by assessors elected for the purpose, and from them there is an appeal to higher commissioners. There are taken into the account farms, houses with theirappurtenances, household furniture, silver, slaves, and all personal property. The necessaries of life, tools and farming implements, clothing, and all property under forty dollars value, are exempt from taxation. Very lately proposals have been made for more rapidly enforcing the payment of arrears that have improperly accumulated. The value of taxa ble property has most rapidly increased. In 1839, it amounted to $56,000,000; in 1842, to $68,000,000. This increase is shown also by the great number of houses newly built. In 1837 there were erected 368 houses. 1838 " " " 366 " 1839 « " " 465 " 1840 « " " 457 " 1841 « " " 596 " 1842 " " " 558 « The property-tax is not the same in all years; it rose from 60 to 85 cents on the $100, that is, less than one per cent. ; and it would not exceed If per cent., to accomplish all the undertak ings now partly laid aside. The city debt has grown to $5,325,000 ; of which the greater part pays an interest of 6 per cent, and about a fifth 5 per cent. Of this gross amount $4,967,000 were expended for great internal improvements, as harbor, the canals, and rail-roads ; which are already useful, and will speedily become profitable also. The property-tax amounted in the year 1844 to 77 cents on the $100. This was raised under the following heads : Court-tax, 4 cents. Poor-rate, 3| " County-tax, 3| " School-tax, 5 " General property-tax, 61 " 77 cents. The entire yearly expenditure (including the various improve ments and the interest of the debt) is very great ; the current expenses of the city however amount to only $229,000. Among them are : 17 254 ADMINISTRATION, for harbor improvements, $19,000 administration and salaries, 38,000 lighting and the city watch, 50,000 cleaning and improving the streets, .... 15,000 institutions belonging to the health department, 4,000, &c. In Boston the majority of qualified voters annually elect a mayor, eight aldermen, forty-eight councillors, a city clerk, and some other officers. Every one is entitled to vote who is twenty- one years old, has been a resident of the state for at least one year and of the city for six months, and has paid taxes or is legally exempt from them. The mayor is president of the council of aldermen, but has no veto ; one branch of the council however has this right in respect to the other. Both boards have the power of projecting laws, levying taxes, laying out the public money, and regulating all matters of general interest. In these respects there is no direct appeal to the body of the citizens in the course of the year. Their right of election suffices; though they may apply to the mayor and aldermen for an extra meeting, and procure assent to a desired measure. The mayor grants all licenses, and appoints many officers or nominates them to the boards. The city derives its income from the renting of farms, the letting of houses, stalls, &c. By far the largest amount is procured from the property-tax of about 60 cents on the $100. The entire income and outlay amount to about $700,000 ; and the debt of the city to about $1,423,000, mostly at 5 per cent, interest, and a little at 4| and 6 per cent. In the year 1843, $94,000 of the debt were paid. The police-laws and also the regulations for the assessment of property are similar to those of Baltimore. Paid firemen are substituted for volunteer companies; and the consequence has been greater order and obedience. Still in 1843 there were 232 alarms of fire, and the loss amounted to $128,000. Much has been already done in- various ways for embellishing the city ; and it is to be hoped that the immediate neighborhood of the lofty Bunker Hill Monument will soon be included in the list. Some years ago the voluntary contributions and gifts which had up to that time been made in Boston for public and benevo lent objects of all kinds, amounted to $1,801,000 ; in one period of eighteen months the amount subscribed for these purposes was $250,000. In Charleston, twelve aldermen and a mayor are annually elected by all the citizens, and re-elections are frequent. There is no second board. The city debt pays from 5 to 6 per cent. interest. New York was first colonized by the Dutch in 1609. Jji'167^- CITY REGULATIONS. 255 it fell into the hands of the English ; in 1686 it received its first charter, and in 1732 a second charter from George the Second, which gave the citizens many privileges, but allowed the governor appointed by the king a veto upon every measure. In the year 1844 the city (exclusive of Brooklyn) numbered 364,000 inhabitants. For each one of the 17 wards the citizens elect annually by universal suffrage one member for the board of aldermen, one for that of assistant aldermen, and a mayor who receives a salary of $3,000. No alderman receives pay, and none is allowed to engage in any profitable city business or undertakings. The meetings of the boards are all public, unless in particular cases a secret meeting should seem indispensably necessary. They publish the resolutions and even the several votes. All laws, resolutions, &c. are passed by both boards and then transmitted to the mayor. He has the right to return them with his objections. After a second deliberation a majority of the two boards decides. For the preparation of particular measures, numerous committees are appointed, chiefly by the mayor, who is also a member of each. He provides for the maintenance of order and the laws, and makes at least once a year a general report on the progress of city legislation and administration. The city revenues are derived from ground-rents, booths, mar ket-stalls, house and water rents, &c. ; but the tax on property is here also the chief source of income. The taxable real estate amounts to $164,000,000, the personal to $64,000,000, and the sum raised (from 70 to 80 cents on the $100) to about $1,750,000. Among the expenses I particularize the following : for schools, $76,000 the poor, the prisons, and hospitals, 251,000 the fire-department, 45,000 the police, 50,000 printing and binding, 27,000 salaries, 51,000 the streets, 23,000 county charges, 51,000, &c. The usual receipts and expenses amount to about $2,185,000 ; what with loans, arrears, supplies on hand, and under extraordi nary circumstances, they have sometimes risen to $5,000,000. The city has now a debt of $13,322,000, of which $12,000,000 were incurred for the great water-works. The receipts from these works must speedily increase with the increase in the number of houses. There were built, in the year 1841, 971 houses. " 1842, 912 " " 1843, 1273 buildings of all kinds. 256 ADMINISTRATION, city regulations. Particular sources of income are appropriated for the extinction of this debt. The elections in New York, the greatest city in America, have hitherto gone off pretty quietly ; especially since the number of places for holding the polls has been increased. It is asserted also that since the enlargement of the elective franchise, and the removal of qualifications and property restrictions, the elections and the government have remained about the same as before, while the population has become more contented. In Philadelphia the citizens annually choose an alderman for each ward, and a mayor for the city twenty-five years old, a resi dent of the state for four years, and of the city for two. He receives a salary of $3,000. That the adjoining suburbs are not under the same magistrate was attended during the late riots with very pernicious consequences. On the other hand all the public institutions, those for the poor, the blind, the deaf and dumb, the insane, widows and orphans, the water and gas works, the schools and academies, the medical college, &c, are deserving of the highest praise. Their construction is appropriate and even splendid ; and the great Girard institution, after many evasions and hindrances, will finally come into existence. The chief income of the city is derived from a tax on real estate (about 36 cents on the $100) ; the tax on personal property is not yet completely arranged. Of late years the expenses have been diminished by good management to about $430,000. In the year 1843, they were : for the water-works, . . . $43,000 " city debt, .... 127,000 «« police and watch, . 76,000 " lighting, .... 39,000 " streets and lanes, . 23,000 " extinction of debt, . 36,000, &c. In Pittsburg there are annually chosen two councils and a mayor, the latter having no veto upon the joint action of the former. In Richmond the citizens choose annually twenty-seven per sons, who appoint the mayor and eleven aldermen out of their own number. The remainder form the so-ealled legislative council. In Washington twelve aldermen and a mayor are chosen for two years, and a second council of eighteen members for one year. Nothing is more striking to an observer of the American, and especially of the city administration, than the remarkably frequent change of officers ; and we are inclined at the outset to think that the government must be incompetent and fickle. On the other hand we must observe : First, that too infrequent changes bring with them other evils ; OUTBREAKS AND PARTY-SPIRIT. 257 and that the filling up of vacancies from the limited circle of magistrates and councillors, is still worse than a free system of election which by repetition corrects itself. Secondly, that in other republics archons, ephori, consuls, tribunes, podesta, mayors, rectors, &c. were changed just as frequently ; that in general, the idea that every office must be occupied for life, is here altogether unsuitable and out of date. A brief tenure of office produces stricter responsibility, and lessens the possibility of an abuse of power. Thirdly, that in America there is far less governing than else where ; and that every citizen partly on that very account is better acquainted with public affairs, and more capable, of man aging and judging of them than in Europe, where only a few after long preparation acquire and use the necessary knowledge. There is besides more reason to fear the lack of fidelity and honesty than of capability, because one can support another. Fourthly, every American magistrate exerts himself during his brief stay in office to accomplish something valuable and last ing ; and though his ambition does not lead him like the Roman consuls to gain battles, yet he takes a pride in founding schools, useful structures, and public institutions, and even in devoting his official income to the common weal.* Fifthly, that it would therefore be most injurious, if in the choice of magistrates more regard were had to their political views than to their capacity and fitness for office, and if in the adminis tration, party purposes were kept more in view than the general welfare. CHAPTER XXXI. OUTBREAKS AND PARTY SPIRIT. Mrader of the Mormon Prophets— Anti- Rent Excitement in the State of New York — Philadelphia Riots— Disturbances in Rhode Island— On Outbreaks— Parties- Federalists, Republicans, Democrats, Whigs — Concluding Remarks. Although, for reasons already given, more single outrages are perpetrated in the interior and in the newly settled regions of the West, we have unfortunately to lament acts of injury and tumults on a larger scale in the rapidly growing cities on the sea-board. # The mayor of Boston, Mr. Brimmer, had 3,500 copies of an excellent book, "The Schoolmaster,1' printed for distribution at his own expense. 258 OUTBREAKS AND PARTY-SPIRIT. Such were the destruction of a convent in Boston, of a private dwelling in Baltimore, and in Philadelphia that of a negro- school and a hall where the abolitionists had met. This is not the place to recur to these old and half-forgotten evils ; yet I must dwell somewhat in detail upon a few more recent instances of violence and commotion, as an introduction to some general obser vations and conclusions. MURDER OF THE MORMON PROPHETS. I shall speak in another chapter of the sect of the Mormons and their adventures : but aside from their doctrines, the murder of these soi-disant prophets is a crime of the greater atrocity, inas much as they were already imprisoned on specific charges, and there was not only reason to expect an impartial sentence, butthe Governor of Illinois had pledged himself for their safety. The allegation, that the Mormons had attempted to rescue the prison ers by force, had fired the first shot, and so brought on a bloody contest, is not true. The governor in later official statements charges the crime, which had been previously resolved on, solely upon persons disguised for the purpose as Indians, and expresses himself forcibly and impressively with regard to the offence. It is earnestly to be hoped, that his determination to apprehend the perpetrators and bring them to trial may experience no obstacle in the ruling passions of the day. ANTI-RENT EXCITEMENT IN THE STATE OF NEW YORK. As early as the time of the Dutch government, large tracts of land on both sides of the Hudson were assigned to the Van Rensselaer family, under conditions which founded a sort of feudal relation. The family subdivided the land among nume rous tenants, who engaged to render certain dues (e. g. of grain, wood, fowls, &c), and in case of a sale, to pay to the patroon a fourth of the purchase-money, as proprietary fee. Those dues were not high, even at first ; and by reason of the uncommon rise in the value of the lands, they can still less be deemed oppressive in modern times. The wealthy predecessor of the present proprietor had been far from urgent in demanding these dues, but had suffered large arrears to accumulate. When his heirs, in conformity with their rights, demanded payment of the outstanding and accruing debts, there arose disputes and law suits, which the plaintiffs gained, according to the plain letter of the ancient laws and contracts. No sooner, however, did the sheriff attempt to execute the sentence of the court, and to levy upon property, than he not only met with resistance, but, for more effectual intimidation, was tarred and feathered by persons in disguise. Such an outrage committed upon a public officer OUTBREAKS AND PARTY-SPIRIT. 259 merits severe punishment, which it. is to be hoped it will soon experience ; if not, it is evident that the evil and license are likely to increase, and to involve innocent persons as well as irresolute magistrates in redoubled anxiety and suffering. In such cases, half-measures never suceeed. But putting these improper pro ceedings out of the question, there is also another light in which such a state of things may be viewed, and which shows how useful and necessary it is in all countries to change, though gradually and with cautious foresight, such institutions as are no longer suited to the times. The longing for a property wholly free from encumbrance or obligation of any kind is so excessive in the United States, that even an inconsiderable tax is esteemed an oppressive burden, and its payment shunned as almost a degradation and disgrace. For this reason, real estate so encumbered finds comparatively few who desire and purchase it. Should however a purchaser appear, the seller regards it as intolerable, that he should pay, as fee to the proprietor, a quarter of its value — a value that has been greatly increased by the application of his own capital and industry. In former times, when real estate changed hands very rarely, this encumbrance was not a heavy one ; but in these days of purchase and sale, the whole value might easily fall into the hands of the proprietor in the course of a few years, in consequence of an alienation four times repeated. Such views and circumstances explain, at least, the disinclination and opposition of those who are liable to such payments ; and it is to be desired and hoped, that an amicable adjustment will not much longer be deferred. RIOTS IN PHILADELPHIA. Well informed people maintain that the riots in Philadelphia were not caused by an irregular, licentious passion, breaking out on the spur of the moment ; but were the effect of causes that had been long in operation, and of a relaxation of moral principles and restraints. In this respect, it is said, an evil example was set by those in authority, and even the government itself — as for instance, by their predilection for the debauching and dishonest banking system, by the doubly mean and reprehensible suspen sion of the payment of interest on the state bonds with sufficient means on hand for the purpose, and also by their manifold exhibitions of frivolity and licentiousness. Be that as it may, the recent riots produced on all sides and in every quarter a display of error, guilt, and crime. No party can be pronounced innocent and wholly acquitted of blame, when, in a city boasting of its quiet, good order, and brotherly love, robbery, murder, and incendiarism rule for three entire days unchecked. We ask in astonishment, How was this possible ? and the answer explains 260 OUTBREAKS AND PARTY-SPIRIT. the fact and proves the guilt, while it produces some palliating circumstances and announces better prospects for the future. In Philadelphia a great number of Irish had gradually settled. Their competition in many branches of industry was looked upon by some with an evil eye ; and the joy which they manifested at their newly acquired freedom, amounting sometimes to arro gance, was censured by many more. But the greatest offence was given by their zealous Catholic spirit, their confidence in their priests, and their dependence upon them. Like the Protestants, they sent their children to the public schools, and here the question, as to the reading of the Bible, became the pretext and ground for all the subsequent controversies and deeds of violence. Instead of learning concord out of the book of love and piety, and of coming to a real Christian union in spite of minor differences of opinion, zealots without authority seized upon this doubtful theme, in order to stir up and control those of their own faith. First of all, the Catholics demanded that, as they were obliged to contribute to the school-tax, in proportion to their property, their children should not be compelled to receive Protestant instruction in religion, or to be present at the singing of Protestant hymns* The school-authorities agreed perfectly with this view of the matter, so entirely in conformity with American religious freedom ; but a ready compliance with their direetions was by no means general in the schools. In connection with this question, another was immediately raised: What translation shall be used in reading the Bible? The variations between the Catholic and Protestant translations are by no means either numerous or, so far as the scholars are concerned, important; but if the Protestants, right or wrong, insist positively on using their version, it is not to be wondered at that the Catholics on their side do the same. These disputes soon extended beyond the circle of the authorities and school-officers: intolerant clergymen found fault from the pulpit, and violent writers in the journals of the day; it was no wonder that the multitude also was roused to passion, when one party called the other heretics, superstitious, infidels, who wanted to rob the peo ple of the Bible, or impose a creed upon them by force. Many native citizens, relying on their superior numbers, made a point of stirring up the too easily excited Irish; bitter and coarse objurgations were succeeded by clubs and fire-arms, by murder and conflagration. The very declarations and testimony of the officers demonstrate the universal lack of order, celerity, harmony, and obedience. The mayor of the city proper was not allowed to act in the suburbs, and the authorities of the suburbs did # With regard to similar claims and controversies in New York, see the chapter entitled Religion and the Church, the Catholics. OUTBREAKS AND PARTY-SPIRIT. 261 not go beyond their own limits. It was well known, that violence was about to be committed, and no steps were taken to prevent it. Deliberations were held about the meaning of existing statutes and the contents of future ones, while the populace were already bringing up the cannon, and battering down the churches. Those summoned to the defence remained away, or disputed whether they should engage in the strife as citizens or as deputy-sheriffs ; nay, even after a Captain Hill had been thrown down and tram pled under foot, after some of the militia had had their ribs broken, and one his head cut off, — after all this, people were still found who looked upon this rabble of plunderers and incendiaries as the sovereign people, whose will must be held inviolate and not opposed by force. It is without doubt highly dangerous for an individual to set himself above the law, or to decide upon his own authority what the law is or should be ; but there are moments, when safety wholly depends on such boldness and ready assumption of the greatest responsibility. Had there been in Philadelphia one man of such strength of will and character as General Jackson pos sessed, he would in one quarter of an hour have dispersed the rioters, caused the laws to be respected, and entitled himself to the warmest gratitude. Newspapers boasted, and respectable citizens in Philadelphia confirmed the statement, that in the midst of the bloody tumult all was entirely quiet in the most frequented streets ; and gentlemen and ladies were seen walking about in as good spirits as usual. Other eye-witnesses affirm, that upon receiving information that a church was going to be set on fire, gentlemen and ladies assembled as spectators, and then declared they would go home unless something was done soon. At length, after seeing street- boys beat in the windows and put fire on the inside, people thought it might be as well to retire ! I earnestly hope that these accounts are not true ; for if they are, they prove that here that disgraceful neutrality existed which Solon justly reprobated ; or rather that indifference and want of feeling prevailed, in a moment when the weal and wo of so many fellow-citizens were at stake. It was not a time for the young gentlemen to be twisting their cravats, pulling up their wristbands, twirling their canes, and playing the agreeable to the ladies ; it was incumbent on them to be thinking of their duties as men and citizens, and to come forward with a resolute and determined spirit, even before the call of the tardy and timid magistrates, and offer themselves for the maintenance of order and of the laws. For a man afterwards to wash his hands in innocency, or hug himself on his peaceful demeanor, certainly 262 OUTBREAKS AND PARTY-SPIRIT. does not manifest the correct tone of thought and feeling, which leads back to the ways of uprightness and virtue. To these severe charges let us subjoin what may be said byway of apology. The regulations and spheres of action of the city of Philadelphia and of its suburbs did not harmonize at all, but formed an obstacle both to the formation and execution of proper plans. The laws were not clearly expressed as to the powers of the magistrates or the duties of the citizens : and anxious doubts are, if not commendable, at least natural, where the hitherto unheard of question was : whether and when one citizen was to shoot down another. Other circumstances are still more important and more conso latory. That perverted sympathy was speedily put an end to, which in the outset expressed itself in favor of the rioters, and against the laws which the people themselves had made, and the magistrates whom they had chosen, and who had done nothing amiss. The press likewise, with few and unimportant exceptions, stood up decidedly in favor of law and order ;* and in conse quence of resolutions of urgent necessity adopted on the spur of the occasion, the attempt at a second horrible riot was immedi ately and effectually suppressed. A repetition of similar scenes is therefore not to be feared ; since the courts of justice have already brought the guilty to trial, juries have passed verdicts upon them, and recognized the right of innocent sufferers to indemni fication.! DISTURBANCES IN RHODE ISLAND. The first charter of Rhode Island, of the year 1643, gave poli tical rights to all the inhabitants, with the privilege of altering the constitution by the resolutions of the majority. After the Resto ration, a new charter, that of 1663, established that only freeholders should have political rights, and that they should determine who were entitled to admission among their number. The qualifica tions of a freeholder have not always been the same; for the longest period there was required a freehold of 134 pounds value. So long as farming was the chief occupation and the number of the unprivileged party was very small, no complaints were heard. But at length, with the growth of towns and manufactures, the number of those excluded from political rights daily increased ; * As for instance, when it declared : " The people of Philadelphia have been vindicating their capacity for self-government exactly after the manner of the Pari sians in 1793. The police of that city is a disgrace to civilization, and the people are httle better than the savages of Hayti." t It is to be hoped that the account is untrue, which' states that the Irish only have been sentenced ; while it has been found impossible (either from want of power or inclination) to bring satisfactory proof against the natives, who to say the least were equally guilty. OUTBREAKS AND PARTY-SPIRIT. 263 and these complained that the small landed proprietors decided every thing and set themselves above those who were wealthier and better informed. 108,000 inhabitants were ruled by 3,558 per sons ; and the county of Providence with three fifths of the popula tion sent only 21 representatives, while the remaining two fifths sent 50. To the assertion that every one might easily buy land and thus acquire the right of voting, the reply was, that such purchase was almost impossible, and at any rate an extreme hardship upon all who would not and could not pursue the busi ness of agriculture. The assembly of freeholders was also charged with refusing even landowners who were not agreeable to them. The argument that no practical hardship was experienced — that property was protected and justice duly administered — it was said, did not apply to the case. These circumstances might exist under any form of government ; here, on the contrary, the question was respecting the exercise of political rights, which twenty-five North American states granted to all their inhabitants who were of age ; but which the monopolists of Rhode Island alone, in contra diction to all modern principles of government and to all experi ence, absurdly refused to them. In addition to this, the politically disfranchised were subject to hardship in many matters of private right : they could not serve on juries, nor could they bring a suit at law without obtaining the signature of a freeholder. Formal complaints of all these grievances were made to the government in the years 1797, 1811, 1820, 1824, 1829, 1832, 1834. The government took no notice of them ; partly because it was unwilling to relinquish long enjoyed rights, and partly because it thought the clamor was raised by a few vain and rest less spirits. Lastly, not a few were fully convinced that the plan which had thus far prevailed was better than the one proposed, and that much evil and scarcely any good could come from uni versal suffrage. It was said that at any rate the limitation of the elective franchise could not be regarded as sufficient ground for a violent revolution. Dorr and his party entertained very different sentiments from these. They averred, that if the former holders of power consti tuted the people, the majority of the disfranchised was absolutely nothing; and that this system led to the conferring of despotic pow ers on the authorities, against which it would be pretended that even unanimity on the part of all the inhabitants was of no weight or efficacy. This principle however contradicts every doctrine of American political rights, from Washington and Hamilton to John Quincy Adams and Tyler ; it contradicts the decisions of all law- professors, and is opposed to all the American constitutions. The people therefore must now take the matter into their own hands, and form a new constitution for themselves. 264 OUTBREAKS AND PARTY-SPIRIT. The malcontents maintained, that a decided majority of the people had declared themselves in favor of the draft of a consti tution laid before them in lawful assemblies ; while their oppo nents denied it, and alleged great abuses in the manner of taking the vote. If the question were asked of the majority, whether its object was to take away the monopoly of the minority and transfer to itself the privileges now held by the latter, their answer would assuredly not be in the negative. The more important question was, whether the people, in consequence of the refusal of all amendments of the charter and the denial of every peaceful peti tion, had the right to rise against the government, which was a party and in the minority ; whether irregular attempts and movements of this kind would not plunge the country into a series of revolutions without object and without end ; and finally, whether a mere numerical majority is sufficient to abrogate every thing old and introduce any thing new. Even Washington said in reference to his day : " If a constitution is defective, let it be amended ; but do not suffer it to be trampled under foot as long as it is in existence."* Although the government of Rhode Island might have counted on the assistance of its sister-states for such an extreme case of irregular rebellion ; yet they felt convinced that it would be better to follow the prudent example of Connecticut, which under similar circumstances altered its constitution in the year 1818, and gave general satisfaction. The first constitution (the Land holders' Constitution) drawn up on the part of the qualified voters, was, notwithstanding the freedom of its provisions, rejected by the zealous partisans of the old or the new order of things ; and to a second one more favorable and proposed by the government, it was objected, that it was adopted under the influence of an intimidating martial law, which produced an artificial and untrue majority. Now would have been the time for Dorr to accept the proffered constitution, which agreed in every important particular with his own propositions, and led out of the path of violent revolu tion into that of peaceful amendment. By a course of moderate, conciliatory measures, he would have made himself acknowledged as the benefactor of his country, and would probably have been placed at the head of the administration. Instead of this, he ne glected the proper moment, from passion, vanity, or delusion ; and * It has been maintained by American writers, that every revolution withoutthe assent or even without the direction of the government is to be condemned ; and this is no doubt true, where the government proceeds from the choice of the majority, as for example in Massachusetts. In that case all are heard, and the majority decides for and through the government. An amendment takes the place of a revolution. But if the highest power proceeds from a small minority, which obstinately resists every proposed amendment, there is no course left but unconditional submission or resist ance. The American Revolution was certainly not brought about with the consent of the English government. OUTBREAKS AND PARTY-SPIRIT. 265 foolishly believed, that the people would engage in a civil war on account of small variations in the letter of the constitution or of ab stract questions of right, and would decline the compromise which had been tardily but commendably offered by the government. As soon as Dorr undertook to prosecute his plans with troops and cannon, his supporters, who before formed the majority, dwin dled down to a very small minority. He was compelled to fly, and the new constitution was adopted by the great majority of voters both under the old and new system. It ordains that each town shall choose one senator ; each district, divided according to the population, one representative. The right of voting is given to all who are twenty-one years of age, provided they have resided two years in the state, and pay taxes to the amount at least of one dollar, or serve in the militia. Judges are elected and removed by a majority of both houses. No change can be made in the constitution, without the observance of certain forms and the assent of three fifths of the electors. When Dorr returned to Rhode Island, he was imprisoned and tried for treason and levying war. The judges and jury did not concern themselves with his theoretical demonstration, that he was right and had a decided majority in his favor; but they regarded particularly his last steps and measures. The ancient forms and laws were made the foundation as still applicable to his case, and from them the guilt of the accused was deduced. We cannot here examine whether this was strictly logical, after the adoption of the new constitution, or whether certain legal forms, in the selection of the jury for example, were violated. If the majority of the new citizens are really on his side, and if they believe that he was condemned according to European rather than American views, and that the sentence pronounced against him was too severe, they will find no difficulty in procuring his discharge at the next election. Allow me to add to these accounts a few general remarks. American democracy certainly produces many individual cases of injustice and arrogance. The sovereign people consider it sometimes their right and duty to govern an I decide, in place of the officers and judges legally appointed for the pur pose ; as European sovereigns (no less erroneously) are given to disturbing the course of government through orders in coun cil, lettres de cachet, ordinances, and the like. Those who regard such acts of violence as a natural necessity, an inevitable consequence of republican institutions, take a one-sided and erroneous view of the matter, and confound disease and dege neracy with health. In fact, American disturbances have hardly any where sprung from democracy, but much oftener from fanaticism and imperfect regulations ; and are to be charged 266 OUTBREAKS AND PARTY-SPIRIT to the upper and cultivated portions of the community, rather than to the masses. Besides, tumults raised by mobs must not be confounded with natural and proper movements on the part of the people. The former can only occur when the populace is feared, or courted, or used for party purposes. Censurable as such tumults are, and necessary as it is that they should be suppressed, they are in my view less dangerous, injurious, and immoral, than the swindling operations of banks and tariffs, as well as certain bankruptcies ; in which the populace have no share, but which take root and originate in higher regions. Finally, such disorders are in themselves a less evil than the power of committing them with impunity, where a disregard for truth ren ders it impossible to obtain testimony, and where juries are more swayed by prejudices and passions than by a regard for law and justice. At all events, the necessity imposed on each community of making good the damage done to innocent persons by unlaw ful disturbances, is highly commendable and well calculated to discourage such excesses. The assertions of the English press, which are re-echoed by others, to the effect that some three or four outbreaks of this sort are bringing America to utter destruction, may be answered by the fact that the incendiarism of a single year in England, the disturbances in Bristol and Manchester, the doings of Rebecca and her children in Wales, the outrages of the Orangemen in Ire land so long suffered by the magistracy, and the excesses in the neighboring colony of Canada almost amounting to a civil war, weigh much heavier in the scale than all that the Americans have ever been guilty of. Nor must it be forgotten, how widely extend ed their country is ; nor that since 1787 in the cities of Europe, nay in Paris alone, more irregularities have been committed than in all the United States put together. Let then exertions conduct ed with earnestness and mildness every where be made, to remove the causes of civil discontent, and repress the lawless proceedings of both high and low ; but let there be no cowardly despairing or folding of arms upon the breast, because the evils are too great or too inconsiderable to be removed. A great statesman has remarked : " In free states there can be no anticipation." Perfectly true : men will pass no law before it is urgendy needed ; and even after it is passed, they would like not to put it in force, for the sake of upholding a supposed greater degree of freedom. But if frequently bitter experience has first shown the necessity and benefit of a law, it finds its way readily to the approbation and good will of all ; and there remains no opposition between the rulers and the ruled, no sus picion, envy, and contention between those above and those below. But do more absolute governments possess in fact the OUTBREAKS AND PARTY-SPIRIT. 267 advantage of a wholesome power of anticipation ? Have they prevented disobedience and commotions, from Naples to Russia and Turkey? Reprehensible as we have already declared these tumults and acts of violence to be, and greatly as it is to be wished, nay de manded, of all citizens, and especially of judges and juries, that they put them down with decision and punish them in the most exemplary manner ; still are they only local evils,* breaking out in particular spots, and in my opinion not infecting and endan gering the entire Union. But whether this greater and more gene ral danger is not now impending or has not even already made some progress, through the violent spirit of party which over spreads the whole Union, is a highly important question, which we will examine somewhat more closely. In every country where tyranny does not compel the inhabitants to have but one opinion, or at least to acknowledge and express but one, free citizens must and will entertain and defend differ ent views respecting a vast variety of circumstances. This free dom, this variety is the living principle of every progressive development ; and all attempts at prescribing or even at bend ing, educating, or correcting views and convictions, made by overbearing kings, popes, princes, ministers, officers, confessors, censors, pastors, inquisitors and the like, have ever done more harm than good ; have crippled kings, governments, and peoples ; have stripped off their blossoms, checked their growth, and nail ed them fast to the trellis-work of diminutive laws, that they might afterwards pamper themselves at their ease on the fruits of these stunted wall-trees. * Justice requires that I should present a counterpart to the statements made, which is worthy of commendation. " As I was returning one evening," says Ferral, Rambles, pp. 246, 295, " to my lodgings in New York, I heard a noise in a grocery, and entered with some other persons in order to see how fractious citizens here were apprehended. A constable came entirely alone ; and it seemed to me morally impossible that he should conduct to prison half a dozen fellows, who just now were with difficulty kept from giving each other a sound beating. But his hand seemed like the wand of Armida ; for scarcely had he laid it upon the shoulders of the brawlers, before they went with him quiet as lambs. The explanation of this matter is this : these people had all practised the right of suffrage, if not in the choice of this constable, yet in that of some other, and consequently not only held it a duty to support the constable's authority, but were strongly prompted to it by inclination. They knew that the power he was using had been committed to him by themselves ; and if they opposed him, they opposed their own sovereignty. Thus the magistrate every where finds the strongest support in the citizens themselves." All the 'minor defects of the United States, as well as their greater evils and dan gers, are nothing, and in fact lose all their importance and weight, in comparison with what Central and South America exhibit in such astounding magnitude (see for example Stephens' Travels). There we find coarseness, arrogance, ignorance, superstition, fanaticism, revenge, bloodthirstiness, persecution, murder, robbery, and civil war — all mixed up in the strangest confusion and frightful violence. Every vestige of genuine humanity disappears by the way ; and the natural life of the brutes deserves a higher rank in comparison. 268 OUTBREAKS AND PARTY-SPIRIT. On the other hand liberty, besides the noblest triumphs, has also the greatest dangers ; only they are dangers of another and peculiar kind. In the first place, true liberty rests not on license but oi\self-control, and this virtue is every where rare. When Solon required that every citizen should embrace some party, the condition was tacitly implied, that this should be done after the most careful examination, to the individual's best knowledge and conscience. He would have in his common wealth no cowardly non-entities without a voice in public mat ters ; but just as little did he wish for fanatical partisans of un worthy demagogues or of reprehensible measures. To join sides with a party, may be well or ill, wisely or foolishly done. Those who boast, merely that they have joined a party or that they have not joined one, fall under neither of these predicaments. It is wrong, without a closer investigation, to designate every clinging to a set of opinions, every persevering effort to promote certain objects, as unworthy partisanship ; or, on the other hand, to laud too highly every passionate movement, every want of patience and moderation. Scarcely ever is any party wholly right ; this can be found in God alone : perhaps, too, none is ever wholly devoted to false hood and injustice ; otherwise Satan himself would be its unquestioned chief. Hence Jefferson said in his inaugural address: " Every difference of opinion is not a difference of principle. We have called by different names brethren of the same princi ple. We are all republicans ; we are all federalists." In like manner Washington, Jackson, John Quincy Adams, and all dis tinguished Americans, have uttered their warnings against the excess of passionate party-spirit. It has universally borne the most pestilent fruits, and has always been especially fatal to re publican freedom. Boldly as violent party-spirit can behave on the one hand, on the other hand it lowers itself with equal mean ness to equivocation, shuffling, and flattery; which produce at length indifference to law and justice, insolence, and impudence. " It is," said Clay,* " the misfortune in free countries, that, in high party times, a disposition too often prevails to seize hold of every thing which can strengthen the one side or weaken the other." — With equal justice he objects to a perpetual opposition that finds fault with every thing, and wrongly styles itself sys tematic. " The harmony of our system," says he, " can only be maintained through conciliation, liberality, practical sound sense, and mutual forbearance. Carry but these dispositions into the administration of our manifold institutions, and all apprehensions * Speeches, ii. 402; i. Ill, 171. OUTBREAKS AND PARTY-SPIRIT. 269 of collision and contests between the government and. corpora tions will vanish like a dream."* Listen to American partisans, and you would think the salva tion of the country depended on their views, no matter how changeable and transient these are. The excess of American party-spirit has done much harm already; it has concealed the truth, and given excessive prominence to certain one-sided notions. Those times were surely not the worst, when, in the presidential elections, all, or at least the great majority, forgetful of party spirit and party objects, united their voices in favor of one great man. But even where active- and powerful opposition has been made, perfect quiet has hitherto immediately followed the decision, and no one has thought of setting the power of party in motion against the law. Thus in Massachusetts, in 1840, a democratic governor was elected by a majority of only a single vote (51,034 out of 102,066), and his claim was acknowledged without the slightest hesitation. Those who designate the Ame rican party agitation as of the worst character, should cast an eye upon that of Central America as described by Stephens.! " Both parties have a beautiful way of producing unanimity of opinion, by driving out of the country all who do not agree with them. In consequence of this, I saw palaces in Leon, where nobles once dwelt, now dismantled and roofless, and occupied by half-starved wretches, pictures of misery and want ; and on one side an immense field of ruins, covering half the city." After these general remarks, let us look somewhat more closely into the principles and position of the great American parties. The loyalists, who remained constant to England, were subdued or driven away in the course of the revolutionary war by the friends of the new Union. Much however as the victors (the federalists) had in view the independence of America, they still cherished a reverential respect for many English institutions, and believed that it was desirable and even necessary to conform to them as the most perfect models. Hence Hamilton and those who thought with him recommended presidents and senators for life, the strengthening of the power of the general government, a veto of the president upon the acts of the states, &c. Many even cherished a predilection for the right of primogeniture and a national church. All these and similar views were, as we have seen, entirely defeated by Jefferson and his friends ; the entire direction of affairs fell into the hands of the republicans ; and if Madison, Jefferson's friend and follower, is extolled as the milder of the two, we ought not to forget that at the time of his presi dency the contest was victoriously ended. Madison bore the * Then too will vanish Clay's dread of the veto-power and the sub-treasury. t Travels in Central America, i, 200 ; ii. 24. IS 270 OUTBREAKS AND PARTY-SPIRIT. same relation to Jefferson, that Melancthon did to Luther. It is easy to find out defects in the American institutions, and to ascribe them at once to republicanism; but there is no doubt whatever that still greater evils would have arisen from the pre valence of federal views, and would have arrested the Union in its rapid and genuine development. Republicanism is the true vital principle of the United States- — their characteristic pecu liarity ; and though its partialities may be corrected and its excesses restrained, it is impossible to eradicate it, and it would be madness to attempt to do so. All parties now call themselves Democrats ; one great party however, the Locofocos,* retains this name without any addi tion; while the other prefers that of Whig Democrats. Both acknowledge Jefferson as their leader and head ; neither any longer appeals to Hamilton and the federalists, and their views differ only as to how certain expressions and acts of Jefferson are to be understood, and what measures he would have sanc tioned or rejected in given circumstances. In my opinion, he would certainly disapprove of what both parties at the present day esteem injurious ; and as to those points which one only approves and recommends, he would stand (with very slight reservations) on the side not of the whigs, but of the demo* crats. So long indeed as both parties limit themselves to gene ral expressions and modes of speech, there is properly no ground of strife. Good government, a sound currency, reasonable duties, and the like, are what all commend and aim at. With these decoys however it is impossible to continue to catch votes or to gain any thing in the long run. Significancy and character can be given to these general abstract propositions only by re ducing them to the individual concrete particulars that remain concealed behind them. Let us then designate more precisely some of these differences. The democrats are opposed to an enlargement of the powers of Congress, and demand a strict construction and application of the Constitution. They demand that the veto-power of the president, and the liberty of re-elec tion conferred by the Constitution, be maintained unabridged. They are opposed to restrictions on the right of voting now possessed by foreigners and immigrants, as well as to the re-esta blishment of a great, powerful bank; they condemn the division among the states of the proceeds of the sales of the public lands; they are in favor of the annexation of Texas, of the utmost free dom of trade, and against high protective duties, &c. In all * It is said that in a meeting of Democrats in New York, one of the minority turned the cock of the gas-pipe in order to break up the discussion, and that another lighted it again with a locofoco match. Hence the term, which soon led to ironical allusions. OUTBREAKS AND PARTY-SPIRIT. 271 these and some other particulars, the views of the whigs, if not altogether opposed to, are at least very remote from those of their adversaries. As these points have already been discussed in their proper places, another examination of them here would be superfluous ; still I should not omit to mention that many whigs said to me, " All these things are in truth of slight importance ; but they are rendered artificially prominent by the excitement of the election." There is no doubt, that party spirit represents and judges of every thing in a harsher light ; but I cannot persuade myself that those circumstances are of no great importance in themselves. They are the gravest that now remain to be decided ; or if not important, why is there any dispute about them ? Clay said : " The whigs now stand where the republicans of 1798 stood, battling for liberty, for the people, for free institutions ; against power, against corruption, against executive encroachments, against monarchy."* But at the moment of making these accu sations, was he not himself possessed of the same party spirit which he condemns so bitterly and with so much justice in others? " In the back-ground, behind those disputed points," observed the whigs above mentioned, " lie hidden many greater dangers, which without constant attention and ceaseless effort on our part would burst forth and involve us all in ruin. The locofocos might finally subject all laws to popular license, invert the order of society, and abolish the right of property. We whigs are the Sonservative class ; our opponents, the destructive." Here we may repeat : It is possible that there are individuals in the democratic party, who go beyond all reasonable bounds, and who would introduce by force or fraud their absurd fancies as new revelations essential to the well-being of mankind; — as there may be individual whigs who would fall into simi lar follies in the opposite direction. Never has a democrat of note, or a creditable newspaper organ of the party, advocated or given currency to the doctrines complained of. The rights of the people in America are as great as they can be : and therefore it is wholly unnecessary to invert the order of things, neither is there any sufficient ground for considering the people as the popu lace, and the pop ulace as the people. When monopolies, excessive imposts, and unjust banking privileges, are esteemed asjmassaila- ble species of property, the democrats are certainly opponents of this kind of property ; but it is for the very reason that they hold property sacred in a higher and more general sense. The fear that any great American party would or could at any time abo lish the rights of property, is wholly groundless. Attacks upon these rights have been far more violent and dangerous in Europe, * Speeches, ii. 432. 272 OUTBREAKS AND PARTY-SPIRIT. and the absurdities of St. Simon, Fourier, and the Communists did not spring from the American democracy. In general, pro perty is a relation so entirely natural and necessary, that it will be able to maintain itself through its own inherent, indestructible strength ; and even if violated in particular instances, it. can never be overthrown as a general principle. To attach civil rights and their exercise to the person and not to a certain amount of pro perty, does not destroy the latter in any of its other relations ; indeed, in most countries of the world, private property is wholly disconnected from political rights. By what right the whigs call themselves conservative par excellence, it is not easy to perceive ; because they wish to alter the constitution in some important particulars, which the democrats wish to preserve : for example, in reference to the election of president, the veto, the proceeds of the land-sales, &c. If however it should be asserted, that altera tion is in a higher sense a conservative measure, it would require much stronger proofs than any that have hitherto been given. In May, 1844, about the time of the great convention in Balti more, the whigs had apparently so much the advantage and dis played such confidence, that even the leaders of the democratic party gave up the election for lost. Instead however of despairing and idly folding their hands upon their breasts, the democrats, having discovered their weak point, set aside the different candi dates, and united on Polk. By this means and by the with drawal of President Tyler, harmony was restored to their ranks ; and what was represented as the resort of weakness or the result of unworthy artifice, was the work of genuine sagacity and com mendable- patriotism. The victory of the democrats was in reality the result of the most open and searching examination, to which for six months the principles and views of both parties were subjected, and of the conviction thus arrived at that they had the majority. I have already shown how untrue and ridiculous the assertion is, that the important decision was brought about by the votes of a handful of immigrants. It certainly ought not to be made a subject of reproach to the latter, that after examining the systems of both parties, they chose the best according to their judgment,* and ranged themselves on the side where most of the native Americans already stood. If the answer be, " The ques tion is, not of the immigrants of the last few years, but of the five millions of American citizens of German descent ;" the declara tion is too silly and odious to deserve the slightest attention. Polk's moderate, conciliatory, and sensible declaration, that while he would maintain in their integrity the great principles of democracy, he would not remove officers for holding different * Immigrant Germans very naturally failed to perceive the attractions of paper money, high duties, and the like. OUTBREAKS AND PARTY-SPIRIT. 273 opinions ; and that he would not be the president of a party only, but keep in view the good of the whole,— will and must soften the bitterness of opposition, and bring parties to a better understanding. The voluntary or compulsory indifference and apathy of many inhabitants of European states in respect to public affairs, cannot be recommended to free American citizens ; they can only smile at the fears of the timid, and despise the rancor of the disaffected. But perhaps they should give more heed to the remarks of sin cere friends, — that people may busy themselves too much and too zealously with politics, especially when innumerable meetings and speeches as well as the constant reading of newspapers leave neither time, strength, nor inclination for other things. There is a deal of political parade to be gone through, as well as of hard service to be done ; which contract the mental horizon, and repress more general culture. There is also a race of political dillettanti, who indeed stand sufficiently high in their own esti mation, but are of as little benefit to the state as pretenders of the same class are to the fine arts. Sometimes such amateurs are drilled into real artists, by entering Congress and ranging themselves under more eminent men ; sometimes they think this too much trouble, and it is well if they grow tired of politics, and return to other business at home. The oft repeated assertion that in our day individuality has lost all its importance, is untrue in America as well as in Europe. There also, in spite of the power of the people, a few distin guished men only take the lead ; and it is delightful to observe. how well this people understand the art of uniting a due respect for their own position with enthusiastic regard for the highly gifted. The path lies open to all ; but only a few prejudiced travellers sigh for distinction of castes, as a means of putting the ablest at the head. The views of the leaders influence the people, and public opinion acts upon the leaders ; both deserve more praise than blame. We can also approve of the endeavor to pre vent, by means of a friendly understanding, collisions of the two parties in meetings, processions, caucuses, speeches, &c. ; that is to say, in so far as such precautions do not widen the breach between the parties, and render their views more one sided still. After all, parties in America approach much nearer to each other, and an understanding between them is much more practicable, than it is among the directly opposing principles of European politics.* May good sense and reverence for pure, simple truth not be annihilated by party excesses ; nor the laws and magistrates be disregarded through popular excitement ; nor any bad means be * What if in Europe all questions on the internal affairs of a country were con nected with the election of a king ? 274 SCHOOLS AND UNIVERSITIES. resorted to for securing ostensibly good ends ! Such a respect for truth, justice, moderation, and harmony, is infinitely more to be prized than the glittering rhetorical flourishes so often inconsi derately admired, which stir up unholy passions, while they dazzle the understanding. CHAPTER XXXII. SCHOOLS AND UNIVERSITIES. Schools and Universities — Governments and Schools — Principles of Education — America and Europe — Praise and Blame of Schools — Germans — Public Schools, Colleges, Universities — Negro Schools — Religious Instruction — Female Teach ers — Labor in Schools — Alabama — North and South Carolina — District of Columbia — College of Jesuits — Connecticut, Yale College — New Hampshire — [ Illinois — Kentucky — Louisiana — Maine — Maryland — Michigan — Missouri — Ohio — Pennsylvania — Vermont, Burlington — Virginia, Charlotteville — New York — Massachusetts, Boston, Cambridge School and University — Medical Institutions, Physicians — Summary, Remarks — District Libraries. I have several times alluded to the reproach, that the thoughts and actions of the Americans are directed solely to the material, the palpable, and the immediately useful ; that in these things they have certainly made great progress, but have done nothing, given nothing, and spent no time or exertions, for advancing the more general cause of mental development. These cen sures made by Europeans are confirmed, as it appears, by many Americans : for they complain, in reference to education and schooling, of the indifference of parents ; the incapacity, too frequent changes, or extreme youthfulness of the teachers ; the short period allotted to schooling ; negligent attendance ; defec tive school-books ; bad methods of instruction ; lax discipline ; improper efforts to gain popularity; dependence on contribu tions; squandering of money; useless architectural display in buildings ; appeals to false ambition ; the erroneous importance attached to mere outward worldly objects ; the excessive variety of subjects of instruction, and consequent superficial treatment ; the injurious influence of political parties, etc. &c* These bitter complaints undoubtedly prove on the one hand the existence of considerable defects; but on the other, they evince great interest in the subject, and serious efforts at improve ment on all sides. In fact the distinction or opposition between materialism and spiritualism, between light and shade, is in gene- * V n's Reports. Potter and Emerson, The School, p. 187. SCHOOLS AND UNIVERSITIES. 275 ral wholly erroneous : for as on the material side, of which we have until now been treating, we have found that wonderful improvements were accompanied by errors and defects (e. g. in the case of the banks, repudiation, slavery, the tariff, &c.) ; so too on turning to the spiritual side, we discover principles, exertions, and advances, that deserve our highest praise. The interests of schools and education, for example, have been earnestly promoted, especially in the northern states, ever since the first settlement of the country. And since the independence of the Union, Wash ington and Jefferson's loudly expressed convictions have met with general acceptance : That in proportion as a free country grants greater rights to its citizens, it must attend to their educa tion and mental culture. Washington in his very first message to Congress said : " You will no doubt agree with me in opinion, that there is nothing which can better deserve your patronage than the promotion of science and literature. Knowledge is in every country the surest basis of public happiness. In one in which the measures of government receive their impressions so immediately from the sense of the community as in ours, it is proportionably essential. The people themselves must be taught to know and value their own rights ; to distinguish between oppression and the necessary exercise of lawful authority ; between burdens proceeding from a disregard to their conve nience, and those resulting from the inevitable exigencies of society ; to discriminate the spirit of liberty from that of licen tiousness, cherishing the first, avoiding the last, and uniting a speedy but temperate Vigilance against encroachments with an inviolable respect to the laws."* In like manner De Witt Clin ton declared : " Knowledge is as much the cause as the effect of good government."! — And in a School Report for New York (1840, Doc. 40) it is stated : " The rising generation is destined to rule the country at a future period ; therefore it must be formed and educated, that it may be secured against the wiles of dema gogues, and so exercise its invaluable rights as not to lose them through abuse." According to the laws and the prevalent feeling, the general government cannot directly conduct the system of education: hence there is no ministry of public instruction, no general plan for schools, no general school fund ; on the contrary all move ments attended by great results proceed from the separate states and from individuals. One-sided interference and compulsory uniformity are much more dreaded than occasional defects of judgment and system. The teachers usually have the assistance of trustees, who are elected' by the community to manage the * Messages of the Presidents, p. 22. f The Schoolmaster, p. 111. 276 SCHOOLS AND UNIVERSITIES. business transactions. Although one party sometimes complains of the other and with reason, this arrangement is nevertheless better than if the whole power and direction were placed in the hands of one. The general government, by granting to the schools (as we have seen) one thirty-sixth of all the public lands,* has bestowed on them an inestimable gift, which is daily increasing in value. The state governments, however, are on their guard against a lavish use of this treasure ; on the contrary, they require as a condition of any grant, that each district shall first exert itself, build school-houses, appoint teachers, and raise four times or at least twice what the authorities give. Almost all the constitu tions contain very commendable clauses on the value of educa tion, and provide the means of covering the expenses necessarily connected therewith. That in the United States, especially in the South, all the children do not go to school ;! and that in the Western states, in consequence of the thin and scattered popula tion, there is still a deficiency of schools, are matters of course : but then there is no country on earth, where all claims and wishes in this respect are fully met. Yet M'Gregor testifies, that in America the country people are not so rude, and certainly not so ignorant as in England; and Caswall, another Englishman, says: "Edu cation in America is more general, if not so thorough and exact as in England. "! This deficiency in thoroughness and accuracy refers particularly to the study of the ancient languages and of history; and also to the disposition, more prevalent in the north ern than in the slave states, to enter early upon the active business of life.§ This disposition springs quite naturally from the ease with which a man becomes master of an independent and profit able calling. The American needs a multitude of practical acquirements that a European scarce thinks of; and multiplicity of preparation is of more importance to him than thorough acquaintance with a single subject. If even in Europe objections have been made to the method and the benefits of a learned and philological education, it may much more readily be excused in the Americans that they do not pursue precisely the same course. If however it should appear necessary for higher grades of culture, it would be speedily adopted, — nay it has been already, and with good results. With regard to the course and objects of instruction in Yale College, one of the most celebrated institutions of learning in * Accordingly there were in the western states about 2,166,000 acres appropriated to schools, whose value years ago was estimated at $4,332,000. — Long's Rocky Mountains, i. 53. t Grand, pp. 21, 122. Abdy, ii. 333. 1 M' Gregor's America, i. 52. Caswall, p. 211. § Fidler, pp. 83, 121. SCHOOLS AND UNIVERSITIES. 277 America, the faculty thus express themselves : " The object of the system of instruction to the undergraduates in the college, is not to give a partial education, consisting of a few branches only ; nor on the other hand to give a superficial education, containing a little of almost every thing ; nor to finish the details of either a professional or practical education : but to commence a thorough course, and to carry it as far as the time of the student's residence here will allow. It is intended to maintain such a proportion between the different branches of literature and science, as to form a proper symmetry and balance of character. In laying the foundation of a thorough education, it is necessary that all the important faculties be brought into exercise. When certain mental endowments receive a much higher culture than others, there is a distortion in the intellectual character. The powers of the mind are not developed in their fairest proportions by study ing languages alone, or mathematics alone, or natural or political science alone. The object, in the proper collegiate department, is not to teach that which is peculiar to any one of the professions, but to lay the foundation which is common to them all. The principles of science and literature are the common foundation of all high intellectual attainments. They give that furniture, and discipline, and elevation to the mind, which are the best preparation for the study of each individual profession." Knowledge in general, like sound limbs, reason, and other gifts of humanity, is a good in itself. Without knowledge, man would be a brute ; and if it is not always brightened into and united with the highest wisdom and virtue, it is certain that igno rance far seldomer goes with these latter hand in hand.* The dangers however of a partial, egotistical mental development, are admirably shown in a school report of Mr. Dwight for Albany-! Among other things it is there said : " The moral influence of schools has undoubtedly improved our social relations; but it has not yet given to virtue that energy and strength so essential to security and happiness. The common virtues are mostly com prised in mere prudence; they spring from selfishness and lead to wealth and reputation, but not in an equal degree to real welfare and happiness. Many men have lost faith in man ; for successful villany goes under the cloak of dexterity unblushing through the streets, and claims the approbation of society." Eloquent admonitions of this sort, joined to very bitter experi ence, will lead back into the right way, and also lessen the force of similar complaints. Thus many say that the Americans have too little respect for science properly so called, and look upon it * Proofs that ignorance and crime go hand in hand. Education and Labor, 1842 ; Hartford, p. 31. t For 1844, p. 158. 278 SCHOOLS AND UNIVERSITIES. with distrust as a sign of aristocracy, always asking, " Of what use is it ?" They regard the learned as hurtful drones, are gene rally content with mediocrity in literary composition, and have no knowledge of the perfection of art and feel no desire for it. Here certainly a weak side of the American condition is pointed out; but might not an American acquainted with European education reply : We admit that scholars in Europe, or at least in Germany, learn more Latin and Greek than in America ; yet how many* (teachers and philologists by profession excepted) after leaving the schools and universities continue to read the classics? how many really acquire a fondness for them ? Hardly any attend the universities, except those who are to fill some public station ; and after quitting them, all further improvement is to be ob tained upon the management of petty affairs. But the green cloth table hardly educates him who sits at it and does not look beyond it, — and still less others, by its countless ordinances and decrees. Our practical, political life requires from all the citizens of our country a varied and perpetual mental activity ; and the results of this whole bringing up in the real business of life, are entirely different and far greater than those produced by the pedagogism and eternal pupilage of Europe. How many in Europe are old and biases even in youth ; critics without spirit, knowing every thing better, and yet knowing nothing ; ever discontented, as though contentment were synonymous with dulness and want of spirit ; without faith or confidence in parents, guides or teach ers ; arrogantly censuring the whole world and all the social relations, instead of humbly beginning with the reform of self; and without hope, consolation, or redemption, but what can be derived from their own all-sufficiency and supreme contempt for all that is and all that has been. If, as is affirmed, the German colonists in some states of Ame rica show themselves more indifferent towards the establishment and improvement of schools than the more active Yankees ; still habit, sloth, and stupidity are not the only causes. They perceived, or rather felt, the consequence of these one-sided European proceedings, and that mere reading and writing do but little to improve the understanding, while they leave the charac ter unformed. With this view even Pestalozzi observed : " I esteem those evils as great, which are produced by placing children too early in school, and by all that is artificially driven into them away from their homes."! The danger of these " arti ficial" acquisitions appears far less great in America than in Europe ; because there the period of school and education is * In Prussia many go from the lower schools into the gymnasia, and there is no distinction of caste. t Raumer's Padagogik, ii. 316. Vigne, ii. 72. SCHOOLS AND UNIVERSITIES. 279 followed by a fresh, free, active life ; and discontentedness with the state, the constitution, the church, and society, is especially, or rather unfortunately, a disease of old Europe. We find in America Sunday-schools, common or elementary schools, grammar-schools going somewhat further, colleges (which may be compared with our gymnasia), and universities with from one to four faculties. Very naturally and after a thoroughly republican fashion, the greatest amount of zeal is shown for the common schools, and to them the most minute superintendence is directed ; still it has been rightly observed, that a neglect of the highest culture would also impede the pro gress and elevation of the masses. Between the colleges and universities, the number of which is sufficiently great, there is an important difference: since some of them are just beginning, and have but few teachers, scholars, and books; while others, as Cambridge in Massachusetts, and Yale College in New Haven, Connecticut, are abundantly and appro priately provided with professors, students, libraries, and other collections. According to European ways of thinking, we should prefer a smaller number of complete institutions to a greater number of imperfect ones : in consequence however of the great size of the states and their scattered population, every father of a family naturally wishes an institution of learning in his neighbor hood ; it also becomes in a manner a point of honor not to be behindhand in this respect with any neighboring state. In the colleges or gymnasia the students usually remain four years, from fourteen to eighteen ; and in the more advanced institutions, from sixteen to twenty. There is generally required for admission more or less knowledge of English grammar, arithmetic, geography, a beginning in Latin and also in Greek. These two languages are then further taught, and occasionally Hebrew or the modern tongues, mathematics, rhetoric, natural and mental philosophy, as also something of American laws and the law of nations. Instruction in history is often defec tive; indeed it is sometimes wanting altogether. On leaving col lege, most of the students receive the diploma of bachelor of arts or belles lettres ; and then go commonly for two or three years more to an institution of theology, law, or medicine. No distinction of ranks and in the mode of treating them is of course ever thought of; but on the other hand a most violent opposition is found between the whites and blacks. While many friends of the negroes recommend their instruction in common with the whites ; others would, for reasons already given, either abolish it altogether, or (on the plea of then unpleasant odor) provide for black children separately. The latter is in fact the most frequent practice. 280 SCHOOLS AND UNIVERSITIES. Of the evil consequences which have ensued from the unhappy controversy about reading the Bible in schools, I shall again speak in another place ; and here only remark in general, that there is by no means a unanimity of opinion on the subject of religious instruction in schools. Many sects would found it altogether on their own creed; others would propound only those religious principles on which all Christians are agreed; others again would wholly separate scientific from spiritual instruction, and hand the latter over to the clergymen of the different denominations. With this view, the state of Illinois provides by law, that no literary institution or school shall have a religious department. Many female teachers have been placed even in boys' schools with excellent effect. They form in Ohio about one half, and in Massachusetts as many as two thirds of the whole number of teachers. For the lower classes in the schools they are uniformly preferred to men ; since they are more affectionate, more patient, better bred, and — being without any interfering plans of life — are more devoted to the calling they have chosen. Another peculiarity in several schools, especially in the western states, is Ihe union of scientific instruction with bodily labor. The scholars devote to work commonly three hours a day (as printers, bookbinders, cabinet-makers, farmers, &c.) ; and thereby strengthen their health, and earn a great part of the expense of their education* An institution at Palmyra in Missouri owns land, which the scholars hire and cultivate, and in this way main tain themselves. Although it would be very tedious, if not impossible, to describe in detail the school regulations of twenty-six states, still it is necessary to adduce something by way of example, in order t" show that the reproach of disinclination or indifference on the part of Americans to mental culture and training is wholly unfounded. In Alabama, the thirty-sixth part of the land of every township forms a school-fund, and forty-six thousand acres besides are set apart for a university, which are already worth a million of dol lars.! In North Carolina, the schools in 1838 owned a million and a half of acres, which in part at least admit of cultivation. Other school-funds amounted to about a million of dollars.! In South Carolina, clergymen and school-teachers are exempt from taxation.§ There had been at different times appropriated : for the library capital, $2,000 " " annually, 610 # Reed, ii. 137. Arend's Missouri, p. 279. t Buckingham's Slave States, i. 279. X American Almanac, 1838, p. 230. § Statutes, vi. 606, 610. SCHOOLS AND UNIVERSITIES. 281 the librarian, 600 each professor in the college, .... 2,500* several free scholarships, 400 free schools annually, 37,000 a building for collections of natural science and for experiments, 6,000 a deaf and dumb institution, .... 25,000 The free school system, for reasons which this is not the place to state, has not yet produced a satisfactory result.! In the year 1801, a college was founded in Columbia, the capital of South Carolina. The state gave money for the erec tion of large buildings, and (as was required by the expensiveness of the place) for liberal salaries. Trustees, chosen by the legisla ture and presided over by the governor, manage the business of the institution ; whilst the instruction is committed chiefly to the head of the college and the professors. The trustees appoint all the professors, and have also the power of dismissal. There are seven professors : 1. For Belles Letties and Logic. 2. For Mathematics and Natural Philosophy. 3. For Biblical Literature and Evidences of Christianity. 4. For Greek and Roman Literature. 5. For Chemistry, Geology and Mineralogy. 6. For History and Political Economy. 7. For Metaphysics and Moral Philosophy. Every professor, upon his induction to office, must deliver an address relative to his department. The students, as in all similar institutions, are divided into four classes, which are named oddly enough : Freshmen, Sophomores, Juniors, and Seniors. They are received at the age of fourteen. Every half year there is an examination, and every year an advance to a higher class. The students as well as the professors live in the public buildings. Each professor has a certain number of students under his charge, whose rooms he must visit at least once a day. The professors have also by turns the superintendence of their meals. The scholars wear a simple uniform of dark grey. They are forbid den to chew tobacco, to keep dogs, to drink ardent spirits, to play musical instruments on Sunday, or to indulge in other com mon amusements and dissipations. The students' mbney all passes through the hands of a treasurer. No one is allowed to spend more than $350 a year ; as experience shows it to be attend ed with the worst consequences. The term lasts from the first Monday in October to the first of July. Only three hours a day are devoted to instruction ; one after morning prayers, one at eleven, * Only $1000 a piece less than the governor gets. t American Almanac, 1S45, p. 252. 282 SCHOOLS AND UNIVERSITIES. and one at four o'clock : exact regulations are however prescribed respecting the further division and improvement of time. I have no room to discuss this plan of an academy, which departs widely from those of Germany. I speak of the oratorical exercises in my Letters. In Georgetown, District of Columbia, the Jesuits have esta blished in a charming spot an institution, the object of which is to unite the instruction of a college with that of a partial university. The principles adopted are in general those laid down in the Ratio atque lnstitutio studiorum Societatis Jesu, and which on that account it seems unnecessary to repeat here. Warn ing is given against untried novelties and anti-church tendencies ; the desire of learning and knowing a great many things, as well as mere trifling, are highly censured : on the other hand, the study of the classics, as ever-enduring models of just thought and beauti ful style, is carried to a greater extent than is usual in America. Still it is found necessary to make many changes in the ancient course of study and to bestow the requisite time on the natural sciences, modern languages, and the mother-tongue. Thus the mathematics are pursued for one hour and a quarter daily ; French is taught, &c. The course lasts from the 15th September to the 31st July. After four years in the college classes, the student enters the higher grades, which still bear the ancient names of Poetry, Rhetoric, and Philosophy.* * To explain its character more completely, I annex the following extract from the Prospectus of the school. The course of the preparatory schools is as follows : First Class. — Latin Grammar, Viri Romae, or Cicero's Select Letters, Geogra phy, Enghsh Grammar, History of the Bible, Latin and English Exercises, Arith metic. Second Class.— Nepos's Lives, Cicero's Letters, Fables of Pheedrus, Greek Grammar, Latin Grammar, English Grammar, jEsop's Fables in Greek (second term), Geography of North America, History of the Bible, Latin and English Exer cises, Arithmetic. Third Class, First Term. — Curtius, Ovid's Metamorphoses, Greeca Minora, Ancient History of the Republics of Athens and Sparta, Greek Grammar, Latin Grammar, English Grammar, Latin, Greek, and Enghsh Exercises, Geography of South America and Europe. Thihd Class, Second Term. — Caesar, Ovid's Tristium, &c. &c. Fourth Class, First Term. — Sallust, Virgil (Eclogues and Georgics), Lucian's Dialogues, Anthology (Greek), Geography of Asia and Africa, History of Greece, Mythology, Doctrine of Particles (Tursellini), Alvarez' Prosody, Latin Grammar, Greek Grammar, Rules for the composition of Letters and formation of Style, Exer cises in Latin, Greek, and Enghsh. Fourth iClass, Second Term. — Cicero's Minor Works, Virgil's iEneid, Xenophon's Gyropaedia, Anthology. Mi the senior classes the following course is pursued : In Poetry, First Term. — Livy, Virgil's .fEneid, Horace's Art of Poetry, Xenophon's Cyropaedia, Theocritus. Second Term — Cicero's Orations, Horace's Odes, Catullus, Ti bullus, and Propertius Thucydides, Homer. SCHOOLS AND UNIVERSITIES. 283 Every scholar must go through the entire course, and no excep tions are made for particular cases. No travelling is allowed or visits made except to parents and guardians. All letters not from parents are opened by the principal; who decides what books the scholars may read. The yearly charges for rent, tuition, superintendence, washing and medical attendance, amount to $200. All else is paid separately ; but an excessive amount of pocket-money is not permitted. Protestants are also received into the insut ation. The chewing of tobacco is forbidden, but nothing is said of smoking. Theology, which is designated as the light of philosophy, is to be studied four years ; profane studies are to be entirely laid aside, and all are to apply themselves to Thomas Aquinas. In Connecticut there arose gradually out of ancient landed-pos sessions a school-fund of about 2,000,000 dollars invested at a high rate of interest, to which is added a yearly tax of about 12,000 dollars.* The whole income is divided among from eighty to eighty-four thousand children; notwithstanding this, every thing has not yet succeeded as might be wished. A school- house which I visited in New Haven was roomy and well adapted to the purpose ; and the scholars, who were instructed on the Lancasterian method, among other things multiplied in their heads numbers extending to five places of figures. Yale College in New Haven, founded in 1701, and gradually much enlarged and enriched,! is jusuy reckoned among the best literary institutions of America, and unites the characters of a college and a university. The laws for undergraduates and other students contain the usual rules, but the following deserve particular mention. They must contract no debts, and can take lodgings in the town, with the consent of their college-guardians, only when all the rooms in the college-buildings are occupied. Both Terms. — Precepts of Rhetoric and Poetry, Greek Dialects and Prosody, His tory of Rome, Ancient Geography. English, Latin, and Greek style particularly attended to, in prose and poetry, and specimens from approved authors committed to memory. In Rhetoric, First Term. — Cicero's Orations, Horace's Satires and Epistles, Livy ; Demosthenes' Orations, Homer's Iliad. Second Term. — Cicero's Orations, Juvenal and Persius, Tacitus, Demosthenes, Sophocles. Both Terms. — Precepts of Rhetoric, with criticisms on the most celebrated authors, Quintilian's Institutions of Rhetoric, Cicero's Rhetorical Works, American and English History, History of Latin, Greek, and English Literature. A greater, if possible, attention is paid to style in the three languages, and orations are composed. In Philosophy. — The students learn Logic, Metaphysics, and Ethics. Lectures on these branches are delivered in Latin, and a daily examination is held on the lecture. In Natural Philosophy the lectures are given in English. The Mathema tics are taught in three classes. * Duncan's Travels, i. 110. Hinton,ii. 480. Buckingham's Eastern States, i. 352. t The institution is named after Governor Yals,who. was aigreat benefector to it He died in 1721. 284 SCHOOLS AND UNIVERSITIES. Whoever remains out or comes late to the recitations is marked and censured. Particular tutors have the oversight as to dili gence and good behavior. No one is permitted to put on female ' clothing, to visit the theatre, act plays, or join in any game, or to purchase cake or fruit within the college walls. Whoever mar ries can no longer remain a student. On Sunday every one must go to church and keep the day strictly.* Whoever publicly denies that the Holy Scripture or a portion of it is of divine authority, is dismissed. The management of the funds, the appointment of teachers, and the general interests of the institu tion, are under the charge of a particular corporation ; the presi dent, professors, and tutors, compose the faculty for instruction and discipline. Professors are appointed for : Chemistry, Mineralogy, and Geology, Latin Literature, Greek Literature, Mathematics. Natural Philosophy and Astronomy, Rhetoric and English Literature, Divinity, An assistant for Latin and Greek, Seven Tutors. After a student has spent four years in the very peculiarly arranged college course and has received the Baccalaureate, he passes on (if designed for a profession) to one of the university faculties. Four professors are appointed in the theological faculty, and no fee is paid for the three years' course. The medical department has five professors and a three years' course ; that of law three, professors and a two years' course : both faculties receive fees, since here the funds are not sufficient to dispense with them. The vacations (summer, winter, and spring) last about twelve weeks. The library of the college contains about 12,000, and those of the students' societies about 20,000 volumes. There are at present* 111 freshmen, 88 sopho mores, 77 juniors, 107 seniors, 60 medical students, 44 law stu dents, and 66 in the theological department. I give as specimens the subjects of some orations:! The Immutability of Principles ; Nature ; The Deceiver ; Washing ton's Administration ; The Language of Silence ; Moral Courage ; The Study of American History ; Poetry ; The Heathen My thology; Vox populi, Vox Dei; Our Politicians no Statesmen; * The laws ordain : Whoever violates the Sabbath by unnecessary business, amusement, or visiting ; whoever quits his room on that day, or admits other stu dents or strangers, &c, shall be punished according to the nature of the offence. t That is, in the term of 1843-4.— Tr. } Compare those of Columbia in my Letters. SCHOOLS AND UNIVERSITIES. 285 Obstinacy ; The Well Balanced Mind ; The Influence of a Cor rupt Court ; The Tyranny of Fashion ; The Respect that Phi losophy owes to Theology ; The Tendency of Mankind to Free Constitutions ; Woman's Mission. In New Hampshire there are annually raised for schools about $90,000, chiefly from a tax on property. Every bank must like wise pay for this purpose a tax of one half per cent, on its capi tal.* There is also a separate income for school-houses and academies. A select committee examine the teachers, and choose the school-books. None are adopted which favor a par ticular sect or creed. In Illinois, the salaries paid to teachers amounted as early as the year 1839 to $44,000 ; and a part of the proceeds from the sale of public lands is devoted to school purposes.! In Lexington, Kentucky, there are a college, a law school, and a medical institute. The term time lasts from November till March, and from April till August. The students are under spe cial supervision, and reside in the public buildings, or in the town if approved of by their college guardians. The hours of attend ance are from 9 to 12 A. M. and from 2 to 5 P. M. The tuition fees for half a year amount to from ten to twenty dollars. In Louisville an excellent medical institute has been establish ed. The city gave towards it $115,000. The lecture-rooms in the large and beautiful building are well arranged and well- lighted ; and collections are begun for the natural sciences, che mistry, and anatomy. The library contains already from four to five thousand volumes ; and in six years, eight professors have given instruction to 1060 students. The lectures last only from the first of November to the last of February ; but are given for six hours daily. The fees for each professor amount to from ten to fifteen dollars, matriculation and library fees to five or six, and the doctor's diploma to twenty dollars. In Louisiana about $40,000 were expended in 1827 for the instruction of the poor.! In 1841 very judicious acts were passed for the establishment and extension of schools ; and the teachers, many of them females, are very well paid. In Maine every town has its free school, supported for the most part by a general tax on property. Still the general fund of the state contributes a considerable sum.§ In Maryland, and especially in Baltimore, schools are also in a very advanced state. Thus thirteen school commissioners are * American Almanac, 1841, p. 179. t American Almanac, 1841, p. 240. j Encyc. Americana, art. Louisiana. Amer. Almanac, 1844, p. 269. § Hinton, ii. 460. Buckingham's Eastern States, i. 166. Provision has already b«en made for colleges and theological institutions. Am. Almanac, 1845, p. 203. 19 286 SCHOOLS AND UNIVERSITIES. annually appointed, and a school-tax of If per cent, is raised on property. Michigan has about a million of acres set apart for schools* and levies a school-tax besides. The entire expenditure for schools amounts to $87,000, which exceeds the cost of the whole state-government. The number of scholars in the year 1844 rose to 66,000. In 1837, a law was passed for the establishment of a University with three departments, of law, medicine, and arts and sciences. Forty-eight thousand acres of land were appro priated to it ; and its collections in botany, mineralogy, geology, and zoology, are already quite extensive. Missouri has two other funds set apart for common school purposes, besides that arising from the sale of the public lands -r these are a fund from the sale of certain salt-springs lying within the state with the land adjacent to them, and which in 1839 amounted to $480,000 ; and another of $400,000, being the por tion of the surplus revenue received by the state-! Of the state of schools in Ohio I give an account elsewhere. In Pennsylvania complaint is made that factory labor already keeps many children from the schools ; still the cause of educa tion has recently made astonishing progress. The indifference, the prejudices, and even the opposition formerly made to gra tuitous instruction, have mostly disappeared; and the money required for schools is ungrudgingly contributed. The cheaper Lancasterian system is gradually giving way to the common mode, now that a greater number of teachers prepare themselves for the work. New school-houses have been erected, libraries and collections increased, and some attention bestowed on colored children. In the year 1839, $309,000 were bestowed on schools out of the public treasury. There were 4,488 male and 2,050 female teachers ;! the former received on an average $19.39| a month, and the latter $12.03. 5,494 school-houses were in use, and 887 more were to be built. The county commissioners and a person for each school district determine the amount of school- tax to be raised. It must be at least double the amount given by the state. In the Philadelphia city district there were in 1843, 214 schools : among which were one high school, 40 grammar schools, 18 lower schools, 76 primary schools, and 80 in the suburbs ; with 499 teachers — 87 male and 412 female. The salary of a teacher amounted on an average to $274 ; the entire outlay for schools to $192,000. The number of scholars was 33,130, and had received in a year and a half an increase of 5,222. If Philadel- * Amer. Almanac for 1844, p. 283. t In New Jersey there is a school fund of about $350,000, and a yearly payment from the state fund of $30,000. Amer. Almanac, 1845, p. 230. X Amer. Almanac for 1841, p. 203. North Amer. Review, li. 26. SCHOOLS AND UNIVERSITIES. 287 phia goes on in this path of improvement, riots of a rude and destructive character will not recur.* Rhode Island expended for instruction in 1843, from public and private sources, about $48,000.! There were 342 male and 173 female teachers, and the scholars numbered 11,960 boys and 8,132 girls.! Vermont appropriated 80,000 acres of land and a considerable sum of money for schools. Besides this, a school-tax is levied on property. The university or college at Burlington§ is under the direction of sixteen trustees, who fill vacancies in their own body. They select the requisite teachers from persons nomi nated by the professors. The institution has little or no connec tion with the state. Each student pays for instruction about twenty-five dollars per annum. They are required to attend morning and evening prayers, and to go to church on Sundays. Smoking and music are prohibited during the hours of study. After the college-course is ended and an examination is passed, students receive the degrees of bachelor and master of arts. The vacation lasts thirteen weeks. || In Virginia the worthy governor M'Dowell laments that many children do not go to school at all, or only for a short time, and that irregularly. " Parents," says he in his message, " should be induced by the strongest considerations to permit their children to attend the schools." Still the attention to the subject of schools and the interest in them are gradually increasing ; and an annual appropriation to common schools of about $64,000 has already been made. The illustrious Jefferson very early perceived how necessary both popular education and higher culture are in a republican confede ration. " Educate," says he, " and inform the whole mass of the people. Enable them to see that it is their interest to preserve peace and order, and they will preserve them."TT Accordingly he exerted himself in the cause of schools, and founded the Univer sity at Charlottesville. While he is acknowledged to have effected much good, two objections have been made in regard to this : The first is, that he placed the University in the lonely town of Charlottesville, instead of in Richmond, the capital of the state. The reasons for and against this course are the same which are urged in Germany for and against establishing universities in # For 1843 I find the following statement: 6,156 schools; 5,264 male, 2,330 female teachers;1 161,000 male and 127,000 female scholars ; state contributions $272,000, and school-tax $419,000. f Am. Almanac for 1844, p. 219. X For well contrived laws and regulations in Tennessee, see Am Aim. 1845, p. 269. § Warden, i. 443. Amer. Almanac, 1845, p. 208. || Appendix III. shows the subjects of instruction and the division of the hours. 1 Tucker, i. 255. 288 SCHOOLS AND UNIVERSITIES. large or small towns. Probably Jefferson wished not to expose science to the danger of being overshadowed by the ascendency of mere practical tendencies and the predilection for business and social amusements. In the second place, Jefferson has been bitterly reproached for excluding clergymen from all immediate influence upon his insti tution. Here, it is supposed, were manifested his unbelief and enmity to Christianity. Religious dogmas have certainly no direct connection with instruction in Latin and Greek, mathematics and chemistry ; they have their own peculiar province, which is in no way infringed upon by that institution. He wished to secure a free choice and development to each individual ; — for which of the many sects should he have made the ruling one in his institution, and to which should he have surrendered its absolute spiritual con trol ? Orwas it possible to instal a clergyman for each denomina tion, and then to maintain uninterrupted peace ? In order however to meet the clamor and to ward off the danger of unpopularity, there is now chosen, at certain intervals and in a prescribed order of succession, a university clergyman from certain favored or more numerous denominations. As was formerly asserted of the planets, so here certain doctrines rule in particular years, and make way for others when their time has expired. On the con trary, and in exact accordance with Jefferson's views, the laws of New York direct, that no school, in which any religious sect is preferred, or its tenets taught or inculcated, or its peculiar rites per formed, shall reeeive any portion of the public money. And in another commendable work it is said : " Too many of our literary institutions appear to cherish sectarian views. They ought to be founded on the broadest principles of Christianity, without any reference whatever to any one of the different sects into which Christianity is divided and subdivided."* The University receives annually from the state the sum of 15,000 dollars. Seven trustees appointed by the governor manage many of its concerns ; besides whom a rector is annu ally appointed, and also a treasurer, who keeps a book of all the receipts and expenses of the students. There are nine professors : the branches taught are mathematics, moral philoso phy, natural philosophy, chemistry and materia medica, ana tomy and surgery, medicine, law, and the ancient and mo dern languages. History, as is too often the case in America, is omitted. Every professor has on an average a salary of $1,000, a dwelling rent free, and the fees from his lectures. The fees from each student are : * Atwater, Ohio, 286. SCHOOLS AND UNIVERSITIES. 289 for hearing one professor only, .... 50 dollars " two professors, each, ... 30 " " three or more, each, ... 25 " " certain lectures, 15 " There are appropriated for the library and newspapers, 350 " for anatomy, 50 " chemistry, 50 " the librarian, 250 " The students (about 160 in number and at least sixteen years of age) are under the supervision of the professors. They are subjected by the latter to rigid examinations ; and if they pass, they receive the degrees of bachelor and master of arts. They are not suffered to reside without permission out of the University buildings, and they wear simple summer and winter uniforms. No student is allowed to receive and spend above a certain sum, except for books. The laws for the maintenance of discipline and good order are strict, and abuses have always been mastered in the end. The whole institution bears an interme diate character between a college and a university, and would rea'dily admit of such further improvements as the present time demands. New York. The sad, yet encouraging experience is often repeated, that the more an institution advances and approaches to perfection, the more clearly are its remaining defects observed, and the more severely censured. Thus it happens with the school system, especially in New England and New York. Let us then place praise and blame side by side, as worthy men express both,* or as they force themselves on the observer. The first great impulse towards the improvement of the school system was given in the year 1795 by Governor Clinton, who exclaimed in his Message, " I regard our school system as the palladium of our freedom!" Several governors, as Gideon Hawley and others of the same stamp, exerted themselves inde- fatigably in the cause. In 1805 there was formed a society for the improvement of schools, and in the same year the first great appropriation of land was made for the same object. The unsold lands still amount to 400,000 acres. In 1812 a general school law was passed ; which however in the years 1838 and 1844 underwent essential alterations and improvements. The system for city and country is now made uniform, and by means of town and country officers is worked up into 3mall districts with great advantage. The supervision and management of the whole is in the hands of a state superintendent of instruction. The system thus stands * Randal, Digest of the Common School system. American Almanac, 1840, p. 225; 1841, p. 195. Chevalier, iv. 234. EncycL Americana, art. New York. 290 SCHOOLS AND UNIVERSITIES. complete and united in all its parts; and neither excellences nor defects, activity nor negligence, can long remain unper- ceived. Suitable persons are appointed for the usual half-yearly inspection of the schools, as well as for the examination of teachers applying for places ; and it is only to be hoped that political party-spirit may not force its way into these independent orbits and disturb their equilibrium. During the last year there were paid out of the public funds of the state, to teachers, $565,000 For books for the district libraries, 95,000 Raised by citizens, 509,000 Total, $1,169,000 Large as this sum appears, say the friends of the school system, it is still small compared with what is granted and expended for other purposes. The contributions from the public funds are regularly dis tributed, according to the number of scholars who really attend school. Each district must raise as much for schools by a tax on property, as it receives from the state. It has been remarked, however, that the poorest and smallest commu nities, which keep a teacher for a few children, fare the worst ; and therefore it has been proposed to change this prin ciple of distribution. Those known to be poor do not pay for schooling ; it has however been pointed out as a defect, that in New York even people who are well off pay nothing for the time their children remain out of school — a plan which encourages absence, while in Massachusetts the school-money is always paid for the whole term. The pay of the teachers is often still so small, that they are glad to get into other employments ; and the school-houses are some of them in such a wretched condition, as to form no attraction for the calling. Lastly, the time of attend ing school is far too short, and the assertion is often heard : " What is learnt at school neither forms the character nor teaches how to make money. In this the ignorant get along just as well as the educated." Yet eloquent figures show that these objections are not to be taken in all their extent and significancy, without some grains of allowance. Thus in the year 1816 there were 140,000 scholars, and the state gave $48,000. In the year 1844 there were about 660,000 scholars, and the state gave $565,000. Upon the whole, the school system is doubtless regularly advanc ing; and the attempt to split it up among the different sects, has happily failed altogether, as will be shown in the sequel. In Massachusetts and in all New England, there have existed, ever since the settlement of the country, excellent laws for the founding and support of schools. They were suffered however to lie in abeyance ; and it was not till of late that attention has SCHOOLS AND UNIVERSITIES. 291 been directed anew and with the happiest results to this important subject The following is taken from the recent laws.* " In every place where fifty or more families are found, a school shall be kept at the public expense by one or more teachers of good mo rals and acquirements, for at least six months in the year ; and the youth shall be instructed in reading, writing, arithmetic, ortho graphy, English grammar, geography, and morals." Where there are one hundred families, the instruction lasts the year round; where there are five hundred, the subjects of instruction extend to the history of the United States, geometry, surveying, algebra, and book-keeping. A place with four thousand inhabitants must have an academy with teachers for Latin, Greek, history, rhetoric, and logic. All teachers shall according to their ability inculcate the principles of piety and justice ; a strict regard for truth, patri otism, humanity, and benevolence ; temperance, industry, frugality, chastity, and all other virtues which adorn human society and lie at the foundation of republicanism. Every one is obliged to contribute to the school-tax according to his means, whether he sends children or not Should a town fail to raise the required sur^i, it is mulcted in certain damages, and receives no assistance from the considerable state school-fund, which is derived chiefly from the produce and sale of lands. Persons yearly appointed in each town conduct the school business, choose teachers and books, fix the number of free scho lars, provide for diligent attendance, and are bound to see that no books are bought or used which are calculated to favor the tenets of any one Christian sect. Since 1837, there has existed in Boston a board of instruc tion for the whole state. The governor and eight persons (of whom one goes out of office every year) receive all the reports of the local officers; from which the secretary, at present the active and sagacious Horace Mann, forms his general yearly reports. These instructive documents comprise the course of education, the number of teachers and scholars, the school fees, the time and eircumstanoes of instruction, &c. They compare the institutions in Massachusetts with those of other countries,! contrast excel lences and defects, and show the ways and means of further improvement Progress is perceptible to every observer, not withstanding the continuance of some defects. There is an increase in the contributions ; in school attendance ; in the duration of instruction ; in the ability, number, and salaries of male and female teachers; in the convenience of school-houses, &c! # Statutes, p. 218. ¦f Meetings of teachers and school-periodicals produce similar useful results. X A very instructive work has appeared in Massachusetts on the building of school-houses, seats, ventilation, warming, &c 292 SCHOOLS AND UNIVERSITIES. Three schools, endowed with $6,000 per annum, are provided for the education of male and female teachers. The former are received at seventeen, and the latter at sixteen years of age ; and the course of instruction lasts from one to three years. Accord ing to the latest reports, there were 2,500 male and 4,282 female teachers, in a population of about 735,000. There were moreover four colleges with 769 students ;* 251 grammar schools with 16,447 scholars ; and 3,362 common schools with 160,258 scholars, of whom 158,351 receive instruction at the public expense, that is, out of the school-fund and tax. In the last year $509,000 were raised by the school-tax. The contribution amounted in different counties to from $1.10 to $6.27 ; the average was $2.84. The school-tax was about t^ts of the property. In the course of five years, $634,000 were paid for building new and repairing old school-houses ; and the amount contributed by citizens for pri vate schools was said to be nearly equal to that paid for public ones. In Boston there are a Latin school, with five classes ; a high school, where mathematics, the natural sciences, French, and English are chiefly taught ; further, 13 grammar and 95 common schools, with 46 male and 148 female teachers. The school hours are in summer, from 8 to 11, and from 2 till 5 ; and in winter from 9 to 12, and from 2 to half past 5. Separate schools are established for colored children. . The school system is man aged by the mayor, the chairman of the common council, and 24 assistants chosen from the 12 wards. Among other things they appoint and dismiss teachers,, and fix their salary. It deserves the most honorable mention, that in Massachusetts very large donations have been made for educational purposes. A single individual gave $20,000 to found a professorship of Greek literature, and another the same sum for one of modern languages. Mr. Samuel Abbott gave $120,000 to found ar> academy at Andover. The highest and most deservedly celebrated literary institution ins Massachusetts is Harvard College or Harvard University at Cam bridge, near Boston-! It owed its establishment in 1636 to the gifts of the most meritorious John Harvard ; during the seven teenth century, however,, it not only had to struggle with, extreme poverty,, but unfortunately became entangled in the violent theo logical controversies of the age. Even in the middle of the eighteenth century there were people who would compel a lite- * Mr. Mann animadverts severely and with justice upon the fact, that through the unskilfulness of the- teachers, and still more through the disobedience and' way wardness of the scholars (to which the parents are often accessory), schools are- sometimes completely broken up. Here strict discipline is very necessary; other wise unruly schoolboys will become in later years rioters and criminals, as has, anhappily been seen to be the case in the disturbances in Philadelphia. t See Josiah Quinsy's, excellent history of that institution.. SCHOOLS AND UNIVERSITIES. 293 rary institution to take the color of a particular sect, and who declared that the Holy Spirit and knowledge were at enmity with each other. Deficiency in the latter was declared to be more than compensated by extraordinary gifts of grace. More just and liberal views, however, finally prevailed ; and the institution became so much enlarged by new foundations and donations, that a university is now joined with the college. As however the pe cuniary means of the institution are not yet wholly sufficient for its wants, education at Cambridge is expensive, and the revenues of the college remain distinct from those of the university or facul ties. The former amount to about $41,000 per annum. A great part of the capital was loaned out to banks, insurance companies, manufactories, canals, railroads, &c. ; and it has not escaped without loss. The salaries of the professors vary from $1,000 to $2,000 ; the president of the institution receives $2,235. Teachers of languages get about $500. The fees are received from the students in a fixed sum, and go to the treasury of the university. Besides the teachers of languages, assistants, and tutors, there are in Cambridge ten professors of the college (the faculty), two of theology, three of law, and six of medicine. The college students are divided, as every where in America, into four classes ; and are under the supervision of the above mentioned tutors and pro fessors. The college and university laws contain in general the same regulations as are found elsewhere. Every thing worthy of praise or censure is strictly noticed, and a scale of merits formed accordingly. The collegians almost without exception receive the degree of bachelor of arts upon leaving the institu tion ; the university students, that of master of arts. These diplomas are not given on the ground of unusual examinations or extraordinary attainments, but answer to our university certi ficates of residence. In the term of 1842-3 there were in Cambridge : Seniors, 68 Juniors, 62 Sophomores, 64 Freshmen, 68 Those who claimed no degree, . . 4 266 Theological students, 22 Medical " 107 Law « 108 Resident graduates, 2 239 Whole number of collegiate and — — university students, 505 All are to attend morning and evening prayers, to wear a black 294 SCHOOLS AND UNIVERSITIES. or dark-colored coat with black buttons at church and on public occasions, not to carry canes to church or recitations, to reside only where college officers give permission, to smoke no tobacco at table, &c. The vacations are two in number : one of six weeks, from the 12th of January ; and another of six weeks, from the 12th of August. In the new and tasteful library, built with a legacy left by Mr. Gore, there are about 1,800 theological, 1,000 medical, and 6,100 law books. Besides these, the college library has 40,000 volumes, and the students' library 9,000. The institution has lately received a donation of $21,000 for the purchase of books, and $25,000 for an observatory ; all the scientific collections, however, need to be enriched. The table in Appendix IV. shows the particular division of the hours of study. When, in the year 1841, the corporation resolved, that it should depend on the decision of parents and guardians, whether the college students should learn mathematics, Latin, and Greek, during the freshman year, — very serious objec tions were made. Parents and scholars, it was said, could seldom judge what and how it was best to study. They are generally inclined to suppose that a scanty foundation will serve for a life time ; and that to hurry half prepared into practical business, is bdtter than to possess all the acquirements that science can afford. The institution too, by thus yielding to the superficial wishes of the day, seeking to entice a greater number of students, and lowering its standard of education, will injure both itself and the community in an equal degree. To this it was replied : It is impossible to study all the sciences, and it is necessary to make a choice among them. This the parents, after hearing the opinion of the college authorities, are entitled and the best qualified to do. If many of them even wrongly consider mathematics, Latin, and Greek as superfluous, it is absurd to set oneself against public opinion and endeavor to control it. In this way the institution will become constantly less popular and less frequented. Better remove the discontented and dissentient, and thus effect much greater objects with those who will give their willing co-operation. Such were the reasons adduced for and against the measure ; but the result has certainly surprised both parties. What in the true American spirit was objected to, because it was compulsory, appeared, after liberty of choice was allowed, in such a favorable light, that the number of those who learn mathematics, Latin, and Greek has not diminished, and the interest in those studies has increased. A choice is also permitted between learning Italian, Spanish, or German (French is prescribed) ; and the greater number choose the latter language. SCHOOLS AND UNIVERSITIES. 295 There is no printed syllabus of the university lectures ; it would also have but a meagre appearance, in comparison with those of the German universities ; for the theological students resort mostly to institutions of their own creeds, the medical lectures last but four months in the year, and the law course comprises two years only. We miss here also the philosophical principles of law, Roman law, the history of law, and the constitutional law of other countries. The method pursued by the excellent Judge Story in one of his instructive law lectures, seemed to me worthy of remark. With us the increase of examinations is recommended by some ; while by others it is opposed, chiefly because it would be attended with a great loss of time, or necessitate an increase in the number of lectures. Judge Story interwove in his rapid flowing deli very some questions, which he put to certain of his hearers by name. These answered the questions on the spot, merely completing the period as it were, so that the lecture went on with out suffering any interruption. The medical schools are not regulated alike in all the states. In consequence of republican views and of institutions' still partially incomplete, the supervision is on the whole less extensive and the requisitions less strict than in many countries of Europe. In America it is expected that each physician will distinguish himself to the best of his ability, and that every patient will make the best choice for himself. In the year 1837 there were printed at Washington the laws of a medical society. Praiseworthy regulations respecting the con duct of physicians were accompanied by a high tariff of fees. Each visit was set down at one dollar ; a first consultation, five dollars ; a night visit, from five to seven dollars ; vaccinating, three dollars ; a medical or surgical operation, from forty to one hundred dollars. It was forbidden to take less, or make any agreement to receive in payment a stipulated sum. Perhaps these rules met with opposition. At all events, Congress granted a separate charter in the year 1.838 to a medical society of the District of Columbia. It was empowered to examine young physicians, and to give them a license to practise ; provided they had pursued the proper studies and passed with credit. Who ever practised without such license should have no power to enforce payment for the same. The society were to have nothing to do with settling the rates of fees. Similar arrangements exist in Baltimore. The examiners of applicants are chosen from a society of all the physicians and the professors of the Medical University. In New York there is a Board of Health, consisting of the Mayor and some other members of the corporation. There is a 296 SCHOOLS AND UNIVERSITIES. medical society of the state, and others of the several counties. Every physician must become a member of the former, and exhibit certain qualifications ; otherwise he is forbidden to practise. The county societies can propose the expulsion of a physician for ill conduct or gross mistakes ; and the decision rests with the legal tribunals, unless the accused voluntarily submits. No col lege can confer the degree of doctor of medicine, and the medical faculty of the University require three years' study and a scien tific thesis in English, Latin, or French. As however the annual lectures begin on the last Monday in October, and close on the last of February, the three sessions of four months each make in all but one full year. Should a county society reject a doctor, the mat ter goes for final decision to the state society. Study at home and under the eye of a physician is sometimes substituted for a portion of the university course. The Medical Department of the University of New York now receives from the government $3000 annually, but is otherwise entirely independent. The management of the business and the delivery of lectures are performed by a council chosen by election and 'the six professors of the faculty. The latter are nominated by the council and appointed by the faculty. Pub lic notices are previously given, inviting applications for the vacant place. 'The number of students is now 325. The fees for six courses of lectures (one by each professor) amount to $105. There are no examinations by the state properly speaking. The Jefferson Medical College at Philadelphia stands in par ticularly good repute. It numbers seven professors, and requires three years' study ; here also the lectures last only from Novem ber to March. According to a general enumeration, there were in the year 1843 in the United States, 108 colleges, 9 law schools, 28 medi cal and 37 theological institutions. The number of teachers in a college varies from four to thirty-one ; in the higher institutions, for a single science or faculty, from one to eight; the number of college students to from 10 to 411, that of other students to from 30 to 444. The books in the libraries belonging to these institutions number from 225 to 45,000. For the year 1840 the number of those attending the common schools was put down at 1,845,000, that of students so called at 16,233.* According to another account, the number of pupils was : in the colleges about 0.8 per cent. grammar schools (academies) 8.1 " primary schools 91.1 " * Poussin, Puissance Americ, ii. 263. The uncertainty of all these numbers however is shown in the Am«r. Almanac for 1845, p. 136. SCHOOLS AND UNIVERSITIES. 297 In the Southern states attendance in the lower bears to that in the higher schools the proportion of 3 to 1 ; in the Northern states, of 12 to 1. The culture of the higher classes is then more general in the former, and of the people in the latter ; and advantages and defects show themselves on both sides. On taking a re-survey of all that we have stated, some general remarks are suggested. First. The American universities, libraries, and scientific collections (which it is impossible to create at once), are behind those of Europe, and especially of Germany ; but on the other hand, as regards the education of the people, many of the United States are on a level with the most cultivated European coun tries, and far before several, including even England. Secondly. No nation has done so much for schools in so short a time as the Americans. For ancient foundations are almost wholly wanting, and even though we should not rate very high the appropriation of wild land, which at first is nearly worthless, still other nations who have also plenty of wild land have done nothing similar ; and it has only been with difficulty that here and there in Europe a poor strip of land has been obtained for schools and schoolmasters, when some " common " has been divided. But it deserves especially to be repeated, that the prin cipal funds for the support of schools are raised, not from school- money paid by the poor, but by a property-tax, which particularly affects the rich* whether they send children to school or not. In New England, for example, people of property (about one fifth of the inhabitants) pay half the cost; though they do not send one sixth of the children to the schools. This regulation brings by its re-action security and advantage to the rich ; it is republican, and in entire conformity with human rights and feelings. Thirdly. There is in the United States no danger of an educa tion too elevated for the condition and relations of the educated. Such are their political privileges, that nothing is placed wholly out of the reach of any one ; wherefore the outlay goes to the edu cation not of subjects merely, but of rulers also.f " Knowledge," De Witt Clinton rightly observed, " is as well the cause as the consequence of good government." I mentioned that no libraries in America could be compared with the great European collections ; still there are, especially in the larger Eastern cities, many libraries founded by individual exertion for particular purposes (such as for lawyers, clergymen, physicians, merchants, and others), and these have been diligently used. They did not operate, however, upon the masses of the people ; and the city circulating libraries, filled mostly with bad * Encyclop. Americana, art. Education. Hall, ii. 165. t The Schoolmaster, p. 111. 298 SCHOOLS AND UNIVERSITIES. romances, were destructive to time, to taste, and morals. Hence arose the just complaint, that the people were taught reading with a great outlay of time and trouble, and much boasting at the result; while after all they had nothing to read. The Bible is not even put into the hands of the Catholics, and has often been misused by Protestants who were deficient in all other know ledge for the purpose of kindling a wild fanaticism. It is a common objection in Europe that the peasant has neither inclina tion nor time to read. But inclination will not be wanting, as soon as suitable books are offered to him : and he has more time to read than chancellors, secretaries, privy councillors, and minis ters of state. And what does he now in winter ? He sits by the stove, quarrels with his wife, beats the children, and then goes into the beer-house or spirit-shop in order to maintain the patri archal equilibrium of his innocent mind, which has not yet been sophisticated by the knowledge of books ! By reading the daily papers, the citizens of the United States are certainly excited and instructed in a greater variety of ways than those of any other country ; still this source is not always pure, and is never quite sufficient. It was therefore a new, valuable, and commendable idea (first broached in New York by Wadsworth and Marcy, and afterwards adopted by Massachu setts), to found a library for each school district ; and that not for the scholars merely, but chiefly for adults. The first choice belongs to the trustees of the place ; but the school superintendent of a higher grade has a right to propose the removal of ill-chosen books. If the board of trustees do not follow this counsel, they forfeit their claim to a contribution from the general school fund. From these collections there are very properly excluded all books relating to political and religious controversies, or bearing any sectarian cha racter, and also all romances. Notwithstanding these limitations, the choice remained difficult, and there was still alack of uniformly printed books at moderate prices ; consequently, by the advice of benevolent and judicious individuals, entire series of books for the young and for grown persons were printed in New York and Boston, and even many works were written expressly for this purpose. Among them are works on agriculture, technology, natural philosophy and chemistry, together with travels, histories, biographies, translations of the classics, &c* In the year 1843, these new collections in the state of New York contained already 875,000 volumes ; and the government contributed towards them $94,000. In the year 1844 the number * For example, Prescott's Ferdinand and Isabella, Robertson's Charles the Fifth, Bancroft's History, Washington's Life, Histories of the several states, Homer, Plu tarch, Herodotus, Goldsmith's History of Greece and Rome, Jos. Midler's History of the World, Manuals of Physiology, of Agriculture, of Trade, &c. LITERATURE AND ART. 299 of volumes amounted to a million. As the districts must contri bute at least as much, there was a voluntary outlay in one year of $188,000 for the mental improvement of the people by means of reading. Similar regulations with equal success have been adopted in Massachusetts ; and many other states will speedily follow such noble and salutary examples. . It is only in this way that mental and moral culture can spread beyond the limited circle of the schools over the whole life of a people, and raise them to a higher grade of genuine knowledge. It is an absurd apprehension, to imagine that religious feelings are weakened in consequence ; as if religion and ignorance went always hand in hand ! The attainment however of this higher intelligence will render it impossible for any one hereafter to smug gle in a narrow fanaticism as a gift of the Holy Spirit, or to preach up the principles of Caliph Omar. CHAPTER XXXIII. LITERATURE AND ART. For and against America — Freedom of the Press — Newspapers and Periodicals- Defence of Newspapers — Congress on Newspapers — German Newspapers — Peri odicals — Libraries — Fine Arts, Music, Painting, Sculpture, Architecture — History — Eloquence — Webster, Clay, Calhoun — Poetry — Philosophy. The Americans, it is said whenever literature and art are men tioned, have no antiquity and no monuments, no youth and no poetry, no literature and no art ; and this is regarded as con veying a perfectly true and at the same time bitter censure, or rather as the most complete sentence of condemnation. But might not an impartial spectator reply : England's antiquity and monu ments belong equally to the Americans ; they may justly reckon Chaucer and Shakspeare as their own. Should this however be denied — for what reason I know not, and the first day of America's independence be regarded as her real birth-day ; why then she stepped forth like Adam, who came perfect from the hand of God, without wearing children's shoes; or like Minerva, who sprang from the head of Jove, and never was tutored by a bonne. Every body in America, it is said, works to live, but no one to think. What a one-sided, untrue antithesis ! Labor is not wholly without thought, nor are the idle — from many an eldest son down to the lazzaroni-— always thinkers. 300 LITERATURE AND ART. Others maintain, that the average of culture is indeed higher in America than elsewhere, but that there is a want of prominent, lofty intellects. The last at any rate does not follow from the first ; on the contrary, as the whole broad foundation rises to a higher point, the summits also mount at length into a purer atmosphere. Every thing has its time. Girls of eight and grandmothers of eighty bear no children ; but the Americans — so think their cen sors — should do every thing at once, every thing at the same time, — that is to say, at the wrong time ! How many poets has France produced in a thousand years, and whom can Germany name between the author of the Nibelungen (who by the by is either disowned or reviled) and Klopstock ? America has no monuments, it is true ; but she has a nature which joins all the venerableness of age to the elastic vigorof youth. And do pyramids, and colossuses, and robber-castles exhibit more the value and progress of art, or the misery which tyranny ever produces ? The poetry of the Americans lies not in the past, but in the future. We Europeans go back in sentiment through the twilight of ages, that lose themselves in night ; the Americans go forward through the morning dawn to day! Their great, undoubted, historical past lies near them ; their fathers did great things, not their great-great-grandfathers ! Athens at the time of Miltiades, and Rome at the time of Scipio, had as yet no ancient history; and the year 1813 is more glorious for Prussia than the time when the margraves fought with the Quitzows. It is better to build, to found, and to act — to live and improve in the present,— than to have ruins pointed out and explained by'mvalets de place. Will America become greater, more profound, and more wonderful, when it shall lie in ruins ; or would one rather see Athens as she now is, or as she was at the time of Pericles, Phidias, Plato, and Sophocles ? The first condition of all progress in art and science is, to know its value. No European has ever spoken on this subject more impressively and warmly than De Witt Clinton, when he says : Pleasure is only a shadow, wealth only vanity, and power only a semblance; knowledge on the contrary gives the greatest enjoyment, the most lasting glory, is boundless in space and end less in time.* Nor is this a solitary and inoperative sentiment of one distinguished man ; but all the states, as we have seen, are doing wonders in behalf of schools, and almost as much for science. New York and Massachusetts, for example, have by the most liberal appropriations (amounting in New York to $200,000) provided for surveying those states, preparing maps, drawing up a complete natural history, and examining into their * School Report for Cincinnati, 1839, p. 8. LITERATURE AND ART. 301 early records ; and eighteen other states have already followed their praiseworthy example. In a like spirit, the general govern ment ordered the circumnavigation of the globe under Comman der Wilkes, the results of which are not inferior to those of any other. But after all, what the government directly undertakes and supports is of less importance than the fact, that it places no obstacle in the way of the free development of all minds. The absolute freedom of the press in America is the great lever of this development. All are agreed that, with regard to books pro perly speaking and to genuine literature, this freedom has been of the greatest utility, and has very rarely been abused. Oppo site opinions however are expressed respecting the newspaper and periodical press. Thus, while the majority behold in it the pal ladium of all truth and liberty, some consider newspapers the source of almost all the evil there is in America. Before I pro duce the facts that bear on this matter and give the reasons on both sides, it is necessary to make some statistical statements. In the year 1704 the first American newspaper was printed in Boston.* In the year 1720 there were 3 newspapers. " 1771 " 25 " " 1801 " 200 " " 1810 " 359 « " 1828 " 851 including journals. " 1834 " 1250 and 140 journals. « 1840 " 1400-1600 newspapers. In the year 1810, there were in the United States 26 periodicals ; in 1834, their number amounted to 140. Among them there were: medical journals, 8 legal,! 52 theological (including religious newspapers), 120 agricultural, 12 temperance, 18 Of those newspapers and journals there appeared in New York, 274 ; in Pennsylvania, 253 ; in Ohio, 164 ; in Massachusetts, 124; in Indiana, 69; in Virginia, 52; in Tennessee, 50; in Wisconsin, 5 ; in Iowa, 3 ; &c. In the Northern and Northwest ern states there is in this respect more literary enterprise and activity than in the South ; while Ohio in this as in many other points distinguishes herself above all. I now pass to the more particular characteristics of the news papers, and begin with the reproach to which they are most * Encyclop. Amer., art. Newspapers. Chevalier, i. 210. Amer. Almanac, 1835, p. 266 ; 1840, pp. 69, 196. The numbers of course change every year. t Amer. Aim. 1835, 277. 20 302 LITERATURE AND ART. obnoxious, and which is most frequently uttered. If even a newspaper-writer, the editor of a widely circulated New York paper, finds occasion and materials for numerous extracts from the papers of all parties, under the title, " The Party- Press of the United States,' its Licentiousness and Immorality," — the evil'must certainly have reached a great height. For the furtherance of party views and party aims, there are employed not only good, but also bad reasons ; not only truth, but also falsehood and slander ; not only wit, but also ribaldry in the greatest profusion. No external position affords protection against such treatment; thus one of the candidates for the presidency is now designated as a breaker of all the ten commandments, a gambler, a drunk ard, a protector of brothels, a duellist, &c. Other paragraphists attacked the deceased grandfather of another candidate, and asked if he was not a tory before the Declaration of Independ ence. Another paper took from an old book of travels an anec dote (true or false) of some cruelly branded slaves, impudently substituted the name of Mr. Polk for that of the real offender, and shifted the whole occurrence to the present time. Bishop White of Philadelphia has justly remarked : " No one who lives uprightly can ever be entirely put down in America by slander. Whatever the momentary effects may be, he will live down the falsehood." But even the passing, momentary effect is an injurious one ; and the proverb is but too often confirmed that, " Something always sticks," Semper aliquid hceret 1 As it is seldom possible to bring newspaper-writers to justice, and only in case of gross slanders and falsehoods, they constitute in effect a completely independent, unassailable power. But aside from all considerations of morality,* the press too often sins against good taste, and the writers who should educate and instruct the people sink even below them. It is impossible however to lay all the guilt upon the writers, and acquit the readers ; for if the bad and mischievous papers were not read, they would not be written and printed. The excuse of many persons of education, that they do not touch the vile class of papers, does not remove their vileness or their evil consequences ; and if the people are to make real progress, the demagogues must improve themselves too. Bad means are never to be employed for professedly good ends ; and moreover, if both parties enter on this objectionable course, the imaginary advantage is on both sides completely annulled ! No stranger is able to say or repeat so much that is unreasonable, unjust, and offensive about America, as the news paper writers daily heap together. It sometimes seems to one, * Poussin (Richesses Americaines, ii. 272) maintains that the French daily press is in many respects still more immoral and corrupt. LITERATURE AND ART. 303 after a varied, indiscriminate reading of these publications, as if truth and history had no existence. Whoever cherishes a sincere reverence for great republican institutions can never allow that the reprehensible course pursued by many journalists springs from them, or is their necessary and natural result. On the contrary, he lives in the hope, that jour nalism will gradually adopt a better taste and a more worthy demeanor. The evils here animadverted upon are already of ancient date. Not only was Jefferson, that bold champion of a hitherto unknown human development, violently attacked ; but also the noble, vir tuous, moderate Washington. The day before he resigned his presidency, a newspaper published in Philadelphia contained these words : " ' Lord, now lettest thou thy servant depart in peace, for mine eyes have seen thy salvation.' This was the exclamation of a man who saw a flood of blessedness breaking in upon mankind. If there ever was a time that allowed this exclamation to be repeated,, that time is the present. The man who is the source of all our country's misery is this day reduced to the level of his fellow-citizens, and has no longer the power to multiply the woes of these United States. Now more than ever is the time to rejoice. Every heart which feels for the liberty and happiness of the people must now beat with rapture at the thought, that this day the name of Washington ceases to give currency to injustice and to legalize corruption. There is open ed to the people a new era, and one full of promise. Public measures will henceforth stand on their own merits, and base un dertakings can no longer be propped up by a great name. When we look back upon the eight years of Washington's administra tion, it strikes us with astonishment, to think that one man could thus poison the principles of republicanism among an enlight ened people, and carry his designs against the public liberty so far as to endanger its very existence. Yet such is the fact ; and if this is apparent to all, this day should form a jubilee in the United States." Two brief passages will show, that since that day the form of virulence at least has not every where improved. In one paper we are told, " The common hangman never burnt beneath the gallows more reeking treachery than is embodied in that shame ful declaration abominably entitled, Whig Principles."* Of the last Congress another paper says : " Congress adjourned yesterday, and we are now justified in speaking of it. Our first remark, for which we have ample grounds, is that in degeneracy * It is remarkable that the truth of a libel justifies it when directed against public officers and measures. Many constitutions even allow any charge, so far as it is true and uttered from good motives. The jury decide both on the law and the fact. 304 LITERATURE AND ART. and ignorance it exceeds every Congress that has assembled since the adoption of our Constitution. We are ever inclined to speak respectfully of legislative bodies ; but we are in doubt whether this deserves more the hatred or the contempt of the people. It was niggardly towards useful objects, extravagant towards worth less ones, small in great matters and contemptible in small ones. It was at the same time arrogant and selfish. The confusion which ruled in the lower house, was the only favorable circum stance ; for it concealed the enormity of some offences, and pre vented the example of wickedness from coming in its full extent before the public. The petitions of the people remained unheard, the public service was neglected and abused, statesmen brought themselves into contempt, and the morals of the people were cor rupted by their indecent conduct and perversion of law and jus tice. The only commendable act performed by that body was— > to adjourn !" Loud complaints are also heard of the free press in Canada, and especially in Montreal. By this, says a printed letter, more than by all other causes put together, mischief is produced ; pub lic morals corrupted ; and narrow, perverted, and hurtful views and projects engendered. " Newspaper writers," said an Ame rican to me, " have in general the least knowledge and the most superficial judgment respecting public affairs." Thus do all noble-minded Americans acknowledge and lament the faults of their press. It is impossible to remedy them by compulsion and force; but (and this we are ready to hope and believe) by greater delicacy of feeling, love of truth, abhorrence of slander, aversion to idle gossip, refusal to read vicious prints, and by the increasing refinement of free and independent citizens. It would however be wrong and unjustifiable, were I not also to present the bright side in contrast with the dark. This is all the more necessary, because the friends of a strict and anxious censorship would otherwise find occasion from this to celebrate a premature triumph, and confirm themselves in the opinion, that their erasing and clipping institution is an absolutely necessary and eminently salutary panacea for all literary crimes and misde meanors. Without entering at all into the general question of cen sorship or no censorship, which is already decided in all free states, I shall confine my remarks simply to what takes place in America. First of all, the abuse of the freedom of the press does not by any means extend, as I have already remarked, to the writers of books — to literature in its proper sense ; on the contrary, every one must acknowledge that in these regions the most delightful fruits of liberty are shown. The abuses spoken of appear only in the newspaper press ; they are however by no means general even LITERATURE AND ART. 305 there, and it would be in the highest degree unjust, on account of a few violent and censurable prints, to overlook the greater num ber of better ones, or to bring them under the same condemna tion. It is certainly an unreasonable demand, that 1500 writers for 1500 newspapers (and the number of writers must be doubled at least), should all be men of great genius and favorites of the muses and graces ! Are then the few select newspaper writers in countries subject to the censorship ail such extraordinary people ; and would the abuses charged upon the Americans fail to make their appearance in Europe also, if all the old fetters were sud denly stricken off? Would the writers be more polite and tem perate, the readers more impartial and discerning ? It is a highly important consideration, that in America sooner or later the unrestrained power of truth and justice ever prevails over the effects of falsehood and slander ; whereas, in many parts of Europe the chief complaint is, not so much that something — offensive if you please — is stricken out; but rather that many able men are deterred, by a guardianship both arrogant and timid, from writing what is good, true, and useful. How often is there exhi bited on the one hand a malicious pleasure at having cut up or cut out powerful, bold, and characteristic thoughts ; and on the other a childish delight at having concealed and smuggled in, in spite of the censor's Argus eyes, some solitary, insignificant, ambiguous passage ! As early as the year 1827, some remarkable debates were held in Congress, respecting the erroneous reports of speeches and the scandalous comments of the daily press. The following are among the sentiments uttered on these occasions : Mr. Bartlett. " I should be sorry ever to find newspaper para graphs becoming the grave subject of deliberation here. The standing which any and all of us must have, if we have any, must rest upon a better foundation. Our lives and our acts, and not newspaper puffs or squibs, will be the standard of the estimation in which we may be held. Upon whom was more newspaper slander ever heaped than upon Jefferson ? and yet he never con descended to utter a complaint. Has his character suffered?" Mr. Hamilton. " Let it be admitted that we all of us may occasionally suffer from the strong and pungent thrust of this subtle engine ; we must bear this with what philosophy we can, in order to insure blessings of incalculable value.. One might as well quarrel with a poor worm for wallowing in his own slime, as get into a passion with those who indulge in low and pitiful scandals." Mr. Weems. " I have been the humble object for twenty- eight years of editorial abuse ; and hope I may be permitted to say here, that it was perhaps, under Providence, one of the most 306 LITERATURE AND ART. powerful means by which I have obtained the confidence of those high-minded, honorable freemen who sent me to this house." Mr. Mitchell. " The moment we attempt to draw the line of demarcation between the liberty and licentiousness of the press, our liberties are gone, and all we hold most dear is destroyed. Let our conduct be honest and upright, and their shafts of malignance will fall harmless at our feet." Mr. Horsey. " In all the revolutions of parties, I recollect not one printer who has changed the party character of his press. They have died the death of political martyrdom rather than deny their political faith." Mr. Lumpkin. " Let truth and falsehood appear in print : the spirit of the people will meet the evil and set it right." Mr. Vance. " If the reporters do sometimes err as to the proceedings in Congress, arid give occasion to well-founded complaints, after all they yet correct more blunders than they commit."* On these and similar grounds, no measures whatever were adopted against the daily press. In comparing all these circum stances with those which exist in many European countries, the conclusion forces itself upon us : That either the government of the United States rests on a far firmer foundation ; or the people are better qualified to pass judgment on public matters, than in those countries where a censorship protects the government, restrains the writers, and keeps the readers in a state of pupilage. An enslaved press neither exhibits the real opinions of a people nor does it form them ; a free press is more characteristic, though it is impossible to judge a whole people by it alone. As there are good and bad books in the same literature, so there are good and bad newspapers. It is certainly unadvisable, as respects both the mind and the taste, to read nolhing but newspapers ; and still worse is it, to read a newspaper of one party only. But the Americans read books as well as newspapers ; besides which their newspapers treat of an extraordinary variety of topics. They do not confine themselves to the politics of the day; but form a general depository, a storehouse for much that is old and all that is new : science, art, inventions, humor, poetry, &c. Nothing remains unnoticed or unexamined ; and the majority come forth at last purified from the fiery ordeal. In general, the untrammelled presses of America show far more excitement, and those subject to the censorship far less, than really exists ; an im portant circumstance, which is too often forgotten by those who wish to inquire into the real state of things, to form a judgment respecting American affairs. That the usually well conducted German newspapers in the * Register of Debates, pp, 818, 1104, 151S. LITERATURE AND ART. 307 United States cannot take for a model the curtailed, fear-stricken papers of the old continent, and that the Germans of America would read nothing so excessively tame, is a matter of course. Still it is to be wished, that while they strongly condemn what is faulty and evil, they should also acknowledge what is good ; because it is only by weighing both that it is possible to attain a true knowledge of Germany and also of the United States. I conclude these observations with some words of Jefferson, who was so incredibly abused by the newspaper press. " Error of opinion," says he in his bold manner, " may be always tole rated where reason is left free to combat it. The basis of our government being the opinion of the people, the very first object should be to keep that right ; and were it left to me to decide, whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter."* The greater American periodicals, or critical reviews, distin guish themselves by propriety, moderation, and dignity ; they display an accurate knowledge of all sciences, and often contain criticisms which are masterly 'both in form and substance. Authors of really able productions are liberally rewarded in America ; they also enjoy a copy-right for twenty-eight years, which is renewed for fourteen years longer, in case a widow or child survives. Very many good and bad European works are reprinted in America, and are sold for the most part exceedingly cheap ; but the importation of foreign printed works is subjected to various but always very high duties. Thus English books pay 30 per cent, Latin and Greek books, 15 per cent. ; works in other foreign languages pay five cents a volume. It is evident that no American library can be as rich and furnished with as many rarities as the great collections of Eu rope. But the greatest interest is every where manifesrted in their establishment and increase, both on the part of the governments and by numerous societies. If the latter for the most part purchase only for single objects and with some limited aim, still a greater and more profitable use is often made of the mate rials so collected. Certainly the district libraries, already men tioned with approbation, and amounting in New York alone to a million of volumes, give the people access to the noblest litera ture in a way that in Europe is almost wholly unknown. Nine thousand dollars are annually appropriated for the pur chase of books and the care of the public library at Washington. The two librarians, Meehan and Stelle, receive yearly, one $1,500 and the other $1,150. Several Western states (Illinois among the rest) have appro- * Tucker, Life, i. 230. 308 LITERATURE AND ART. priated a part of the proceeds of the land-sales to the purchase of books. Kentucky granted $500 per annum and one half of the income accruing to the state from the bank to scientific purposes.* All public libraries moreover are exempt from taxation. Massa chusetts has also made appropriations for the increase of its libraries. Taken together, they contained in all the towns about 300,000 volumes ;! and the number of books in the Sunday school libraries is estimated at 150,000 more. A Mr. Perkins gave to the Literary Athenaeum in Boston $20,000. Mississippi has appropriated $4,000 annually to the foundation of a library.! Congress devoted $10,000 a piece to Wisconsin and Iowa for establishing libraries ; the former having then 18,000 inhabitants, and the latter 21,000. Circulating libraries are found in many places. One established in Cincinnati in 1814 numbered as early as 1816, 8,000 volumes.^ Nowhere are there so many associa tions of every kind for trie promotion of learning and science, in proportion to the population, as in the United States. So too in those states which sprang as it were but yesterday into existence^ a great number of essays there composed and delivered have been printed ; and their value is every where acknowledged. Not less useful are the numerous lectures, which are delivered by competent persons in various places, and particularly Boston, before mixed audiences, and which meet with great and deserved approbation. || If the fine arts have not yet reached their highest perfection among the Americans, there is less reason to lament over it,. than to congratulate them upon the circumstance. For so soon as a people has arrived at that high pitch of civilization, it usually begins to decline, and rarely survives to witness an after growth of Alexandrian refinement. The Americans are still ascending, not descending ; and although this process is labori ous, the prospect widens at every step. Among the peculiar difficulties which oppose the development of art in America I reckon : First, the still frequently predominant views respecting art in general. The Puritans may have chosen the better part in other respects ; but the artist's wreath was never theirs.— Secondly, the strict observance of Sunday herewith connected, stands in the way of popular improvement in music, and produces in the higher circles only a one-sided and excessive veneration for mere virtuosoship. — Thirdly, the lack of great treasures of art in Ame rica and the difficulty of procuring them in Europe. At least the actual perception of them through the senses is enjoyed by * State Laws, pp. 1373, 141 S. t Amer. Almanac for 1841, p. 188. Duncan's Travels, i. 85. X Amer. Almanac for 1840, p. 255. § Warden, ii. 367. S A Mr. Lowell left a large legacy there for these purposes. LITERATURE AND ART. 309 but few ; and the study of the nude figure being found offensive, an intimate knowledge and appreciation of the real beauty of forms are not possessed. The contemplation of beautiful works of art and the general diffusion of a knowledge of music, lend a brightness and cheer fulness to life, such as mere political and religious excitements can never give. It is a serious error to disregard and despise the one on account of the other. Notwithstanding these natural and artificial obstacles, an encouraging progress is every where manifest. Thus in Boston a society was formed some years since which attempted to cor rect the superficial character of musical attainments ; and their choice of a name— that of Handel and Haydn — bears evidence of right views and a proper spirit. The performance on Sunday of genuine productions of art, and the musical instruction which has been begun to be given in schools, must soon enlarge their capacity for musical enjoyment, and in time be productive of good indigenous fruits. A similar effort is making in painting* and perhaps with greater success in sculpture, in which Crawford, Greenhow and Hiram Powers are named with deserved respect. For architec ture, canals, railroads, bridges, and aqueducts furnish worthy opportunities for the attainment of excellence. They are more useful and bolder monuments than the pyramids ; and if the Americans themselves rightiy find fault with certain prevalent tastes in architecture, there is by no means a total lack of build ings constructed in a beautiful and noble style. As historical composition is certainly an art, it may also be men tioned in this connection. Men like Bancroft, Prescott, and Sparks, have effected so much in this respect, that no living Euro pean historian can take precedence of them, but rather might feel proud and grateful to be admitted by them as a companion. With their own history the Americans are well acquainted.! In this respect they study the past with great care, and are com- mendably supported by the state governments. New York, for example, gave $12,000 for the purpose of collecting and tran scribing materials in Europe for the history of the state. General history, on the contrary, is less and indeed too little taught and learned; for as in general Europeans make too much of their past, so Americans bestow a too exclusive atten tion on their present and future. In no art have the Americans more practice, and in none have they made greater progress, than in eloquence. The more impar- * A praiseworthy beginning of collections is found in New Haven, Hartford, and other places. t It was indeed only a rare exception, that one American thought Jefferson was a federalist. 310 LITERATURE AND ART. tially this is acknowledged, the more natural is the friendly wish that the still existing deficiencies and excrescences may be per ceived and removed. An acute American says : " A vast num ber of examples of detestable bad taste might be selected from the orations of our eminent men."* Let us subjoin a few remarks on this text. The Americans have exhibited hitherto more talent and practice, than art and taste ; yet both must be united, if they would rise to the models of the Greeks and Romans. Many of their speeches are wanting in a well con sidered arrangement and regular progress, — a proper beginning, middle, and end. Occasionally something might be taken from the latter part and put in the former, and vice versa. A more careful study of the ancient rhetoricians and orators, of Aristotle and Quintilian, of Demosthenes and Cicero, would also guard them against the tendency to excessive diffuseness, and remind them of Gothe's saying : " Compression shows the master's power." Their eloquence is not yet rounded off, and many of their vitia are not even dulcia. The more we are compelled to acknowledge in general the presence of knowledge and acute- ness, even in the midst of partiality and party-spirit, the more ear nestly it is to be desired that no indulgence should be shown to evil habits. Not every one can be or become a great orator ; but every one should strive to raise himself to the proper dignity of his calling, and avoid falling into extravagances and absurdities, nor strive to pass them off for efforts of genius and inspiration. Even in Congress some go beyond all bounds : shouting, screaming, sudden changes of the voice, smiting the table with the hand, sawing the air with the arms, shaking or nodding the head, stretching out the knee and bending back the body, — these and similar indecorums will, it is to be hoped, not long give occasion for remark. The argument, that in Congress not the present only but the absent are addressed, justifies neither a useless prolixity nor the adoption of bad habits ; and as little worthy of attention is the reference to a southern, fiery climate. Burke and Fox, those men of the north, were not cold and frosty ; Demosthenes and Cicero never spoke as though in a raging fever. The Atheni ans spoke indeed too much and admired speaking too much; but they had more taste than the Americans. Hard indeed would it be for the latter, if for every spoken word they must render a strict account. In spite of these, not as I believe unjust remarks, on the mass of their countless public speakers, there is no doubt but that the Americans, every thing considered, speak better, more skilfully, more to the purpose, and more effectively, than most nations. The * North American Review, July, 1844, p. 47. LITERATURE AND ART. 311 gift of the highest eloquence is very rare, and like that of the poet, artist, &c, comes direct from God. On this one of -the greatest American masters, Webster, discourses in the following admi rably eloquent strain : " When public bodies are to be addressed on momentous occasions, when great interests are at stake, and strong passions excited, nothing is valuable in speech, further than it is connected with high intellectual and moral endowments. Clearness, force, and earnestness, are the qualities which produce conviction. True eloquence indeed does not consist in speech. It cannot be brought from afar. Labor and learning may toil for it, but they will toil in vain. Words and phrases may be mar shalled in every way ; but they cannot compass it. It must exist in the man, in the subject, and in the occasion. Affected passion, intense expression, the pomp of declamation, all may aspire after it — they cannot reach it. It comes, if it come at all, like the outbreaking of a fountain from the earth, or the bursting forth of volcanic fires, with spontaneous, original, native force. The graces taught in the schools, the costly ornaments and studied contrivances of speech, shock and disgust men, when their own lives, and the fate of their wives, their children, and their country, hang on the decision of the hour. Then words have lost their power, rhetoric is vain, and all elaborate oratory contemptible. Even genius itself then feels rebuked and subdued, as in the pre sence of higher qualities. Then patriotism is eloquent ; then self- devotion is eloquent. The clear conception, outrunning the deduc tions of logic, the high purpose, the firm resolve, the dauntless spirit, speaking on the tongue, beaming from the eye, informing every feature, and urging the whole man onward, right onward to his object — this, this is eloquence ; or rather it is something greater and higher than all eloquence, it is action — noble, sublime, god like action."* To the specimens which I have already quoted from the speeches of Mr. Webster in several parts of my book, I will add but one other, principally because it exhibits clearly the opposi tion between American views and those of the European school. " The Holy Alliance," says Mr. Webster, " professes, by means of a series of measures, to establish two principles which the allied powers would enforce, as a part of the law of the civilized world ; and the establishment of which is menaced by a million and a half of bayonets. The first of these principles is, that all popular or con stitutional rights are holden no otherwise than as grants from the crown. Society upon this principle has no rights of its own ; it takes good government, when it gets it, as a boon and a concession, but can demand nothing. It is to live in that favor which emanates from royal authority ; and if it have the misfortune to lose that * Speeches, i. 84. 312 LITERATURE AND ART. favor, there is nothing to protect it against any degree of injustice and oppression. It can rightly make no endeavor for a change by itself ; its whole privilege is to receive the favors that may be dispensed by the sovereign power, and all its duty is described in the single word, submission. — This is the old doctrine of the divine right of kings, advanced now by new advocates, and sus tained by a formidable array of power. That the people hold their fundamental privileges as matter of concession or indulgence from the sovereign power, is a sentiment not easy to be diffused in this age any further than it is enforced by the direct operation of military means. The civilized world has done with the enor mous faith, of many made for one. Society asserts its own rights, and alleges them to be original, sacred, and unalienable. It is not satisfied with having kind masters ; it demands a participation in its own government : and in states much advanced in civilization, it urges this demand with a constancy and an energy, that cannot well nor long be resisted." " These doctrines from Laybach are totally hostile to the funda mental principles of our government. If they be true, we are but in a state of rebellion or of anarchy, and are only tolerated among civilized states because it has not yet been convenient to conform us to the true standard."* In another place we are told, " Many misfortunes maybe borne, or their effects overcome. If disastrous war should sweep our commerce from the ocean, another generation may renew it ; if it exhaust our treasury, future industry may replenish it ; if it deso late and lay waste our fields, still under a new cultivation they will grow green again and ripen to future harvests. It were but a trifle even if the walls of yonder capitol were to crumble, if its lofty pillars should fall, and its gorgeous decorations be all covered with the dust of the valley. All these might be rebuilt. But who shall reconstruct the fabric of demolished government ? Who shall rear again the well proportioned columns of consti tutional liberty ? Who shall frame together the skilful architec ture which unites national sovereignty with state rights, individual security, and public prosperity ? No, gentlemen ; if these columns fall, they will be raised not again. Like the Coliseum and the Parthenon, they will be destined to a mournful, a melancholy immortality. Bitterer tears, however, will flow over them, than were ever shed over the monuments of Roman or Grecian art; for they will be the remnants of a more glorious edifice than Greece or Rome ever saw — the edifice of constitutional Ame rican liberty."! I have likewise already quoted several passages from the * Speeches, i. 247, seq. t Speeches, ii. 46. LITERATURE AND ART. 313 speeches of Henry Clay; and a further choice from much that is excellent would be difficult, had I not by accident something to guide me. An English traveller, ignorant of constitutional law and politics, anathematizes Jefferson and all his principles and proceedings. This writer hopes " every thing from Clay and the whigs, as the true gentlemen." Let us hear then how Clay (without doubt a gentleman) expresses himself on the occasion of an earlier attack of the same kind. " Neither Mr. Jefferson's retire ment from public office, his eminent services, nor his advanced age, can exempt this patriot from the coarse assaults of party malevolence. No, sir ; in 1801, he snatched from the rude hand of usurpation the violated constitution of his country, and that is his crime. He preserved that instrument, in form, and sub stance, and spirit, a precious inheritance for generations to come ; and for this he can never be forgiven. How vain and impotent is party rage, directed against such a man ! He is not more elevat ed by his lofty residence upon the summit of his own favorite mountain, than he is lifted, by the serenity of his mind and the consciousness of a well spent life, above the malignant passions and bitter feelings of the day. No ! his own beloved Monticello is not less moved by the storms that beat against its sides, than is this illustrious man by the howlings of the whole British pack, set loose from the Essex kennel ! When the gentleman to whom I have been compelled to allude, shall have mingled his dust with that of his abused ancestors, when he shall have been consigned to oblivion, or, if he lives at all, shall live only in the treasonable annals of a certain junto, the name of Jefferson will be hailed with gratitude, his memory honored and cherished as the second founder of the liberties of the people, and the period of his ad ministration will be looked back to, as one of the happiest and brightest epochs of American history."* Webster and Clay in their speeches by no means always maintain a consistent position, or reject in the handling of party questions irrelevant, rhetorical expedients and exaggerations ; they hereby only injure their own cause, and in consequence have several times, in the view of unprejudiced persons, been driven from the field of argument — for instance, by the sagacious and eloquent Buchanan. Calhoun, on the other hand, is always logical and consistent with himself; a man of solid, well grounded convic tions, perfected both by theory and practice-! Even those who do not share them, must allow that he is totus, teres, atque rotun- dus ; and this no man can ever be in such an elevated station without possessing a greatness of character that is worthy of all honor. In the nullification controversy he dared to stake even * Speeches, i. 38. t Fragments of his speeches have also been quoted in various places. 314 LITERATURE AND ART. his popularity, in order, by pushing his self-defence to an extreme, to restore things to their just medium ; concerning the question of slavery, he dared to assert unpalatable facts, in opposition to principles which, though founded in philanthropy, could not so nastily be carried into effect; neither did he ever forget that prac tical skill, however great, cannot dispense with scientific know ledge and principles. We lament that among so many distinguished American ora tors we can mention only so few, and quote so little ; but we hope soon to see more extensive specimens translated and printed in German compilations devoted to this purpose. That among every people with any pretensions to cultivation there are found many writers of verses, certainly proves little or nothing of the existence of the art of poetry in the highest sense of the word ; still the power of expressing the feelings in a suit able form is the sign of a lively sensibility and of a certain degree of skill. Legends from which an Iliad or a Lied der Nibelungen could be constructed, are wanting in America ; still the founding of the states might well afford materials for epic recitals, if the zeal of puritanism did not too much limit the circle of the poetic art. The same spirit for a long time restrained the development of the drama ; so much so, that in many of the states the theatre was looked upon as so immoral and profane, that dramatic pro ductions were allowed only to be read or recited. Then the notices announced, " A moral Recitation, the affecting story of Jane Shore told in dialogue by the celebrated Rowe."* Or " the entertaining Story of the Poor Soldier, delivered in prose and verse by the facetious O'Keefe." In the year 1762, the first public theatrical representation was given in Providence, and since then ecclesiastical opposition has gradually ceased. Still there is a lack of American comedies and tragedies of the first class ; although indeed those imported from France and England often labor under as great defects. While scarce any American drama has found a place in Europe, the novels of the best writers, Irving and Cooper for example, are in every body's hands ; so that it is unnecessary to dwell upon them in this place. The richest or at least the most prolific department of poetry is the lyric. But as in thousands of years there have been but one Pindar and one Horace (although every spring puts forth countless pleasing yet mostly perishable lyric blossoms), it is performing a valuable service, when a man of taste and infor mation makes a suitable, well assorted selection, and guides the friend of poetry in his ramble through those groves, from which he might otherwise be deterred by their immensity. Such service * Warden, iii. 467. LITERATURE AND ART. 315 has been rendered by Mr. Griswold, in his Poets and Poetry of America* " Besides the great number of poets, of whom he gives specimens, there must doubtless be many more of those of whom Mr. Clifton (p. 36) says : Touched with the mania now, what millions rage To shine the laureate blockheads of the age ! The dire contagion creeps through every grade ; Girls, coxcombs, peers, and patriots drive the trade. That there is in America no lack of a certain kind of political poems, the following satiric lines are a proof: Thus swarming wits, of all materials made, Their Gothic hands on social quiet laid ; And, as they rave, unmindful of the storm, Call lust refinement; anarchy, reform. If American writers of lyrics and novels are behind many others in boldness of thought, splendor of imagery, and variety of invention, on the other hand they never violate the laws of decorum and good morals ; the absence of which, even in the most distinguished men, they severely censure. Thus Walter Colton says of Byron : He might have soared a miracle of mind, Above the thoughts that dim our mental sphere, And poured from thence, as music on the wind, Those prophet tones which men had turned to hear, As if an angel's harp had sung of bliss In some bright world beyond the tears of this. But he betrayed his trust, and lent his gift Of glorious faculties to blight and mar The moral universe, and set adrift The anchored hopes of millions ; — thus the star Of his eventful destiny became A wild and wandering of fearful flame. That orb hath set ; yet still its lurid light Flashes above the broad horizon's verge ; As if some comet, plunging from its height, Should pause upon the ocean's boiling surge, And, in defiance of its darksome doom, Light for itself a fierce volcanic tomb. That the perception and description of the charms of Nature should predominate and be successful in America seems quite natural. We should less expect sensibility and elegiac sadness ; yet we find very interesting and even excellent poems of this class ; perhaps because a right feeling impels Americans to such * See also Bryant's Selections from the American Poets. 316 LITERATURE AND ART. a supplement or contrast to the eminently practical character of their existence.* With respect to the philosophy of the Americans there are two things to be observed : first, what position they themselves assume, and what they undertake ; and secondly, how they * We may be allowed to give a few examples from lyric poets less known among us. What is that, Mother? — Doahe. What is that, Mother 1— The lark, my child ! The morn has but just looked out and smiled, When he starts from his humble grassy nest, And is up and away with the dew on his breast, And a hymn in his heart, to yon pure, bright sphere, To warble it out in his Maker's ear. Ever, my child, be thy morn's first lays Tuned, like the lark's, to thy Maker's praise. What is that, Mother 1 — The dove, my son 1 — And that low sweet voice, like a widow's moan, Is flowing out from her gentle breast Constant and pure, by that lonely nest, As the wave is poured from some crystal urn, For her distant dear one's quick return. Ever, my son, be thou hke the dove, In friendship as faithful, as constant in love. What is that, Mother ?— The eagle, boy !— Proudly careering his course of joy ; Firm, on his own mountain vigor relying, Breasting the dark storm, the red bolt defying, His wing on the wind, and his eye on the sun, He swerves not a hair, but bears onward, right on. Boy, may the eagle's flight ever be thine ; Onward, and upward, and true to the line ! What is that, Mother ? — The swan, my love ! — He is floating down from his native grove. No loved one now, no nestling nigh, He is floating down by himself to die ; Death darkens his eye, and unplumes his wings, Yet his sweetest song is the last he sings. Live so, my love, that when death shall come, Swanlike and sweet, it may waft thee home. Passing Away ! — Pierpont. Was it the chime of a tiny bell That came so sweet to my dreaming ear, — Like the silvery tones of a fairy's shell, That he winds on the beach, so mellow and clear, When the winds and the waves lie together asleep,^ And the moon and the fairy are watching the deep, She dispensing her silvery light, And he his notes as silvery quite. While the boatman listens and ships his oar, To catch the music that comes from the shore ? — Hark ! the notes, on my ear that play, Are set to words : — as they float, they say, " Passing away ! passing away !"_ LITERATURE AND ART. 317 regard the philosophy of other nations. With reference to the first point, different views seem to prevail. While, for example, one American writer says, " We lead too public a life, and our attention is kept too much upon the stretch, to allow us to pur sue unpractical speculations to any great extent ;" a second tells But no ; it was not a fairy's shell, Blown on the beach so mellow and clear ; Nor was it the tongue of a silver bell, Striking the hour, that filled my ear, As I lay in my dream ; yet was it a chime That told of the flow of the stream of time. For a beautiful clock from the ceiling hung, And a plump little girl for a pendulum swung (As you've sometimes seen, in a little ring That hangs in his cage, a canary bird swing) ; And she held to her bosom a budding bouquet, And as she enjoyed it, she seem'd to say : " Passing away ! passing away !" 0 how bright were the wheels, that told Of the lapse of time, as they moved round slow ! And the hands, as they swept o'er the dial of gold, Seemed lo point to the girl below. And lo ! she had changed : — in a few short hours Her bouquet had become a garland of flowers, That she held in her outstretched hands, and flung This way and that, as she, dancing, swung In the fulness of grace and womanly pride, That told me she soon was to be a bride ; — Yet then when expecting her happiest day, In the same sweet voice 1 heard her say : " Passing away ! passing away !" While I gazed at that fair one's cheek, a shade Of thought, or care, stole softly over, Like that by a cloud in a summer's day made, Looking down on a field of blossoming clover. The rose yet lay on her cheek, but its flush Had something lost of its brilliant blush ; And the light in her eye, and the light on the wheels That marched so calmly round above her, Was a little dimmed, — as when evening steals Upon noon's hot face : — Yet one couldn't but love her ; For she looked like a mother, whose first babe lay Rocked on her breast, as she swung all day ; And she seemed, in the same silver tone to say, " Passing away ! passing away !" While yet I looked, what a change there came ! Her eye was quenched, and her cheek was wan : Stooping and staffed was her withered frame, Yet, just as busily swung she on. The garland beneath her had fallen to dust; The wheels above her were eaten with rust ; The hands that over the dial swept Grew crooked and tarnished ; but on they kept, And still there came that silver tone From the shrivelled lips of the toothless crone (Let me never forget till my dying day The tone or the burden of her lay), — " Passing away ! passing away !" 318 LITERATURE AND ART. us, " We are eminently a theorizing people, and general princi ples are soon stated and easily learned." Others still hope and prophesy, that America will have a school of philosophy of her own, distinct from those of France, England, and Germany. As in America so many new and peculiar developments have been My Child. — Piekpont. I cannot make him dead ! His fair sunshiny head Is ever bounding round my study chair ; Yet when my eyes, now dim With tears, I turn to him, The vision vanishes — he is not there ! I walk my parlor floor, And, through the open door, I hear a footfall on the chamber stair ; I'm stepping towards the hall To give the boy a call ; And then bethink me that — he is not there ! I thread the crowded street ; A satchell'd lad I meet, With the same beaming eyes and colored hair, And, as he's running by, Follow him with my eye, Scarcely believing that — he is not there ! I know his face is hid Under the coffin lid ; Closed are his eyes ; cold is his forehead ; My hand that marble felt ; O'er it in prayer I knelt ; Yet my heart whispers that — he is not there; I cannot make him dead ! When passing by the bed, So long watched over with parental care, My spirit and my eye Seek it inquiringly, Before the thought comes that — he is not there ! When,'at the cool, grey break Of day, from sleep I wake, With my first breathing of the morning air My soul goes up, with joy, To him who gave my boy, Then comes the sad thought that — he is not there! When at the day's calm close Before we seek repose, I'm with his mother, offering up our prayei. Whate'er I may be saying, I am, in spirit, praying For our boy's spirit, though — he is not there t Not there! — Where, then, is he ? The form I used to see Was but the raiment that he used to wear. The grave that now doth press Upon that cast-off dress, Is but his wardrobe locked : — he is not there ! LITERATURE AND ART. 319 made and are continually making, we cordially unite in this hope ; although the end is not yet reached, nor the way even clearly pointed out. In the first place, their active life does not allow any general He lives ! — In all the past He lives ; nor to the last Of seeing him again will I despair ; In dreams I see him now ; And on his angel brow, I see it written, " Thou shalt see me there!" Yes, we all live to God ! Father, thy chastening rod So help us, thine afflicted ones, to bear, That, in the spirit land, Meeting at thy right hand, 'T will be our heaven to find that — he is there ! The Old Maui's Carousal! — Paulding. Drink! drink! to whom shall we drink? To friend or a mistress ? Come let me think! To those who are absent, or those who are here ? To the dead that we loved, or the living still dear ? Alas ! when I look, I find none of the last ! The present is barren, let's drink to the past Come ! here's to the girl with a voice sweet and low, The eye all of fire and the bosom of snow, Who erewhile in the days of my youth that are fled Once slept on my bosom, and pillow'd my head ! Would you know where to find such a delicate prize ? Go seek in yon churchyard, for there she lies. And here's to the friend, the one friend of my youth, With a head full of genius, a heart full of truth, Who travell'd with me in the sunshine of life, And stood by my side in its peace and its strife; Would you know where to seek a blessing so rare ? Go drag the lane sea, you may find him there. And here's to a brace of twin cherubs of mine, With hearts like their mother's, as pure as this wine : Who came but to see the first act of the play, Grew tired of th« scene, and then both went away. Would you know where this brace of bright cherubs have hied ! Go seek them in heaven, for there they abide. A bumper, my boys, to a grey-headed pair, Who watched o'er my childhood with tenderest care ; God bless them and keep them, and may they look down, On the head of their son without tear, sigh, or frown ! Would you know whom I drink "to ! go seek 'mid the dead. You will rind both their names on the stone at their head. And here's — but alas ! the good wine is no more ! The bottle is emptied of all its bright store ; Like those we have toasted, its spirit is fled, And nothing is left of the light that it shed. Then a bumper of tears, boys ! the banquet here ends, With a health to our dead, since we've no living friends. 320 LITERATURE AND ART. want of philosophy to be perceived ; and much may easily be desig nated by Americans as unpractical speculation, which involves serious and worthy application of the mental powers. But the harsh censurers of these so-called unpractical speculations might be reminded, that on the other hand many practical speculations of the Americans have never taken root and borne fruit. Gene ral principles derived from individual experience, are easily esta blished and learned ; these however do not form a scientific phi losophy, but often lead to the erroneous belief that it may be dispensed with. Moreover in America the most widely different principles of this kind are advocated by different parties. A considerable number of the clergy in America are averse to all philosophy, because it leads only to revolts against the theolo gical systems under which they have arrayed themselves ; and the philosophy of others of the order (that of the celebrated Edwards for example) rests entirely on a particular creed* As yet the independence of philosophy has not been so well battled for and won as in Europe ; and thus an open separation or voluntary reconciliation between philosophy and theology has not yet been brought about. The mutability and multiplicity of the schools of philosophy are severely censured ; while the simplicity, clearness, and fixedness of theological doctrines are highly commended. This is so much the more unexpected, because in the whole his tory of philosophy there are not so many sects as there are reli gious denominations in America. If it be maintained, as no doubt it justly may, that behind all these appearances and meta morphoses the eternal rock of truth remains unshaken, the same holds good also of the commotions and aberrations of philosophy. Exclusive of those who are satisfied with Bentham (that des- piser of Plato and Aristotle), the American friends of philosophy either attach themselves to the German development, or they reverence Locke and undertake his defence against alleged mis representations. Although a German should especially distin guish and praise those who are of the German way of thinking, still there is more to be learnt from their opponents ; it is more, interesting to notice objections than confirmations. We will therefore make some extracts from the remarkable and acute essays of Mr. Bowen,! and add a few brief remarks. * Edwards's philosophy is rooted in strict Calvinism. He says of the Devil, " He possesses great abilities and extensive acquaintance with things, great specu lative knowledge in divinity ; was educated in the best divinity school in the universe, in the heaven of heavens; possesses clear notions on the doctrine of the Trinity, and more knowledge than a hundred saints of an ordinary education, and most divines ; he is no deist, Socinian, Arian, Pelagian,or Antinomian ; the articles of his faith are all orthodox and sound ; yet in his heart there is no evidence of saving grace." — Quincy's History of Harvard University, ii. 56. f Critical Essays on a few subjects connected with the History and present Condi tion of Speculative Philosophy; by Francis Bowen, A. M. LITERATURE AND ART. 321 " The passion for German metaphysics," says Mr. Bowen, "is likely to produce serious evils. The habit of poring over them must induce an unhealthy state of mind, either from the general characteristics of such a philosophical manner, or from the posi tive tendency of the doctrines advanced. We have no taste for the sublimated atheism of Fichte or the downright pantheism of Schelling. Yet there are men familiar with the works of such authors, and loud in their praise, who are not ashamed to charge the philosophy of Locke with a sensualizing and degrading influ ence. We judge the tree by its fruits, and assert that the study of such writings tends to heat the imagination and blind the judg ment ; that it gives a dictatorial tone to the expression of opinion, and a harsh, imperious, and sometimes flippant manner to argu mentative discussion ; that it injures the generous and catholic spirit of speculative philosophy, by raising up a sect of such a marked and distinctive character, that it can hold no fellowship either with former laborers in the cause, or with those who at the present time are aiming at the same general objects." " Great obstacles to the comprehension of Kantian metaphysics arise from defects of style. The rambling and involved sentences, running on from page to page, and stuffed with repetitions and parenthetical matter, would frighten away any but the most deter mined student, at the very threshold of his endeavor. Kant was an acute logician, a systematic, profound, and original thinker; but his power of argument and conception wholly outran his com mand over the resources of language, and he was reduced to the use of words as symbols, in which his opinions were rather darkly implied than openly enunciated. The flowers with which other philosophers have strewed the path of their inquiries, were either beyond his reach, or he disdained to employ them ; and his writings accordingly appear an arid waste of abstract discussions, from which the taste instinctively recoils." " Under the guise of a new faith, the successors of Kant (Fichte, Schelling, and Hegel) have created a philosophy of unbelief; under a dogmatical mask, they proclaimed what was, at least in reference to revelation, a theory of total skepticism." " The countrymen and contemporaries of Fichte were all dis tinguished for the boldness of their philosophical inquiries ; but he carried away the palm by a Titanlike audacity of speculation, which seemed to aim at scaling the heavens and prescribing limits to Omnipotence." " In exchange for the Kantian jargon of noumena and pheno mena, Fichte gives us a system of absolute idealism ; Schelling, one of entire pantheism ; and Hegel, the last great name in German metaphysics, has published his scheme of utter nihilism. These systems are not additive to each other, but are mutually 322 LITERATURE AND ART. destructive. Regarding the lofty pretensions advanced by all of them, there is something ludicrous in the rapidity with which they succeed each other." " It is not enough that the skepticism of Hume and the sensual ism of Condillac are laid to the charge of Locke ; but he must be made accountable also, by implication at least, for the extrava gances of a set of German infidels in our own day ; though it would be difficult to find a stronger contrast, in point of thought, expres sion, and doctrine, than that which exists between their specula tions and the writings of the father of English philosophy." Thus far my brief extracts, which will serve as hints to the writer's opinions. It is not my business either to confirm or con tradict them ; yet I may be allowed to subjoin some incidental remarks. Jacobi's theistic philosophy of faith, and the Catholic church philosophy of Frederic Schlegel, appear to be little known in America ; and of the new position of Schelling and the Hegel ians, nothing as yet is said. Mr. Bowen every where contends against a priori elements of knowledge, or against the originating activity of thought; in which connection I am sorry to miss a juxta-position of Locke and Leibnitz. Because Kant refers to Hume, he is not therefore like him a skeptic ; and still further from being one is the dog matic Hegel, who regards all systems as the constituents and gradual developments of a positive philosophy. Mr. Bowen's opposition to all metaphysical proofs, likewise proceeds from skepticism ; and the inductive and analytical method which alone he recognises, finds its tacit and necessary complement in syllo gism and synthesis. It should not be forgotten that man's per ceptive powers are intimately blended, and are as it were contained the one within the other. When too Mr. Bowen finds a proof of the truth of Christianity in its conformity to the laws of nature ; and when he says, that a literal fulfilment of the command, " Do all for the glory of God," leads to the wildest outbreaks of fanaticism ; — he may be told that he will also find these views common in that Germany which he so freely censures. Equally just is his doctrine (in which he agrees with Aristotle), that man is essentially and eminently a social being ; and so too is his opposition to the shallow and nega tive doctrines of the state of nature. But on the other hand, that law and compact are salutary and indispensable constituents in the formation and maintenance of states, the United States fur nish the most striking proofs on fully authenticated historical grounds. These American compacts stand in no degree oppos ed to the natural and eternal principles and laws of all society ; on the contrary, they exhibit the latter in the clearest light, and show the wide distinction between them and the one-sided, arbi- RELIGION AND THE CHURCH. 323 trary, and tyrannical principle, which in our day is called by some the "historical" par excellence, and is regarded by them as sacred and inviolable. CHAPTER XXXIV. RELIGION AND THE CHURCH. Intolerance — Church Establishments — Religious Liberty — Sects — " Catholics, School Money — Episcopalians — Methodists, Divisions among them — Presbyte rians — Congregationalists — Baptists — Quakers — Shakers — Rappists — Mormons — Universalists — Unitarians — Philosophers — Clergymen and Churches — Church Property — The Voluntary System — Societies — Bible Societies — Missions — Public Worship — Camp Meetings — Revivals — Dangers and Prospects — Intolerance. The whole history of the Christian church shows, that the spirit of intolerance towards those who differ in opinion, has never entirely disappeared, and very often has not hesitated at the most abominable and unchristian means of attaining its ends. Thus, in particular, it has been required of the state, that it should em ploy all its power for the advancement of church objects ; or it has been thought both useful and necessary that church and state should be fused into one inseparable whole; or else the church has been set up in opposition to the state, and unlimited power demanded for her. Finally, the theory and practice of the Catholics, Episcopalians, and Presbyterians, have come to the same thing: namely, that their party alone possess the whole truth and the entire right; of which (for the honor of God) they would not surrender the smallest particle. Intolerance of this sort drove the Catholics to Maryland, the Episcopalians to Virginia, the Puritans to New England, and the Quakers to Pennsylvania. The old principle, or rather the old prejudice, that each church stood higher and purer, in propor tion as it kept aloof from and proscribed all others, was trans planted with most of the colonists to America ; still the recollec tion of the persecutions mutually endured at different times must have somewhat softened their rugged points, and indicated the necessity of mutual toleration. Zealots however were kept in check less by a sense of the blessings of toleration, than by the sheer impossibility of working their will. Jefferson and those who shared his views were the first to entertain the full conviction, 324 RELIGION AND THE CHURCH. that a dominant church, whichever it might be, was always an evil, and on no account to be endured. After an earnest and eloquent exposition of the reasons therefor, Virginia resolved, in the year 1785 : " That no man shall be compelled to attend or support any form of worship, church, or priesthood whatever ; and that none on that account shall suffer disquiet, compulsion, or molestation in person or estate, or be subject to injury for any religious opinions and belief. On the contrary, all men are free to profess and defend their views on religion; and this shall not in any way alter, improve, or deteriorate their standing as citizens." On the adoption of this resolution, there arose a violent outcry about heartless indifference, unchristian dispositions, infidelity, and atheism ; and each party would gladly have elevated its own church to the rank of a stale establishment. Fortunately no one of them was powerful enough to carry through any such plan ; and since America has universally adopted these principles, and accustomed itself to the new state of things, nothing is heard against this important step in human progress except now and then the querulous complaints of some European traveller. It is entirely false to maintain that there is no religion, where none is preferred and privileged by the state. The establishment of a single creed, having the exclusive power to save, could have been effected only by the axe and the faggot, by a civil and reli gious war, and by the entire destruction of the great American confederation ; or rather the attempt would have totally failed, in spite of all such criminal proceedings. It is no less erro neous to maintain that a church cannot render the state any service, unless it be favored more than others : on the contrary, all denominations are of service to the state; and it remains an essentially Christian state, though it does not make its Christianity consist in violently obstructing the course of natural development. " Every religious denomination," says Henry Clay, " which is connected with the government, is more or less inimical to liberty ; separated from the government, all are compatible with liberty."* There are certainly schools which resolve all politics into theo logy, and all theology into politics ; but American politics give free course to theology, and neither rules it nor is ruled by it ; — though this docs not exclude mutual improvement and purifi cation. The genuine democracy of Christianity has been hitherto repressed and kept back by the priesthood ; and political demo cracy has also confined itself to the defective systems and expe riences of antiquity. Hence arose absolutism in church and state, tyranny in matters of religious belief, police surveillance, and * Clay's Speeches, i. 90. RELIGION AND THE CHURCH. 325 military despotism. It is the fixed principle of the United States to produce no conversions either by fire and sword, or by money and livings ; and their ecclesiastical is as new, as grand, and as important as their political law. " Church establishments," says an American writer, " con nected as they commonly are, with exclusive creeds, have been the most effectual engines ever contrived to fetter the human mind. They shut up religion from the influence of new lights and increasing knowledge, give an unnatural stability to error, impose the dogmas and prejudices of rude and ignorant times upon ages of knowledge and refinement, and check the genuine influence of religion by associating it with absurd practices and impudent impostures. By connecting the church with the state, they degrade religion into an instrument of civil tyranny; by pampering the pride of a particular sect, and putting the sword into its hands, they render it indolent, intolerant, cruel, and spread jealousy and irritation through all the others. By violating the right of private judgment in their endeavors to enforce unity of belief, they multiply hypocrites."* " Secular laws in religious matters," said President Jackson, "may make hypocrites, but not true Christians."! It is worthy of remark, that the American clergy, though they have nothing to do with the state and nothing to expect from it, are decidedly in favor of the above mentioned free principles, and are more zealous and active than where secular and ecclesi astical motives intervene. They assert, that support of the church by the state produces envy and ambition, that unequal and apparently equal distributions have a like injurious effect, that every gift leads to supervision and authoritative interference, and that in the multiplicity of sects and churches lies security for the freedom of all. Errors which are connected with free inquiry or spring from it, are attended with vastly less injurious effects than the alleged infallible truths of compulsory systems. The most strenuous improvement of systems is consistent with kindly indulgence for the views of others, and an endeavor to gain followers by the power of truth, and not by the edge of the sword or by the influ ence of money. Nor can it be too emphatically remarked, that unanimity respecting all the leading doctrines of Christian ethics, might and would correct and soften the dogmatic systems whence the weapons of spiritual warfare are so often drawn. Almost all the sects of America are found in Europe : — only there men express their sentiments without regard to consequences ; while here, for many reasons, they are disinclined to found new sects, and many of different opinions are embraced under one denomi- * Encycl. Americana, art. United States, p. 451. t Cox, p. 22. 326 RELIGION AND THE CHURCH. nation and one church. If Europe has more theological know ledge and learning, America has more independence and activity. This is not the place to exhibit the doctrines and regulations of more than forty-three American sects;* yet the following notices of some of the more important may be admitted. CATHOLICS. According to a recent estimate, the Catholics had in the year 1843 one archbishop, 17 bishoprics, 611 churches and chapels, 634 clergymen, 19 seminaries, numerous establishments of dif ferent kinds for women, 60 charitable institutions, and 15 peri odicals devoted to the Catholic cause.! It is asserted that their number, now about 1,300,000, is increasing in a still greater ratio than that of the population. This is in part the conse quence of immigration, especially of Catholic Irishmen ; and in part of their activity and address. In addition to this, while the Protestants, in consequence of their freedom, are dividing themselves in every direction ; the Catholics, in consequence of then- obedience, join together and remain united. Both parties in their controversies, spoken as well as written, have unfortu nately too often deserted moderation and Christian forbearance ; and if the Catholics sometimes proceed rather on the defensive than on the offensive, this is owing to their being the weaker party, and to their unwillingness to give violent offence by an unreserved annunciation of their principles. If the Pro testants call America a Protestant country on account of their numerical majority, they are arithmetically, but not politically right ; for majority and minority determine nothing in this re spect, and the smallest church minority has in the United States as much religious freedom as the largest majority. It is not however to be denied, that the system of Catholic church govern ment is far more unrepublican than the institutions of any of the Protestant sects. At present, American Catholicism pru dently conforms itself to circumstances, and by no means car ries things to such extremes as in Rome and Madrid ; but the * See Rupp's Original History of the Religious Denominations in the United States ; where each sect is described by a clergyman of the same denomination. According to a late enumeration (Grund's Handbuch, p. 56), the different sects number as follows : Anabaptists, 4,000,000 Reformed, 450,000 Methodists, 3,000,000 Quakers, 220,000 Presbyterians, 2,175,000 Unitarians, 180,000 Congregationalists, 1,400,000 Dunkers, 30,000 Catholics, 1,300.000 Mormons, 18,000 Episcopalians, 1,000,000 Shakers, 6,000 Universalists, 600,000 Swedenborgians, 6,000 Lutherans, 540,000 Moravians, 5,000 f Caswall, p. 316. Amer. Almanac, 1844, p. 196; 1845, p. 193. RELIGION AND THE CHURCH. 327 apprehension is not unnatural, that upon a change in its relative power, the claims of the foreign ecclesiastical potentate and its fundamental intolerance would become more prominent. Till then the mutual reproaches remain within their accustomed limits. When the Protestants appeal to the simple truth of their doctrines, and to the fact that the greater influence of the Catholic priest hood has kept back the improvement of Canada, and almost annihilated that of Mexico ;* others reply that the Catholic sys tem is better adapted to the heart and imagination of man, and its truth better attested than the doctrines of innumerable small sects. Prayers for the dead, the invocation of saints, a Latin liturgy, and an infallible Pope, are but minor evils, if compared with the fanaticism exhibited in Methodist camp meetings, the fatalism of the Baptists, the innumerable creeds of the Congrega- tionalists, and the divisions of all. Although space does not allow me to narrate circumstantially the controversies in which Bishop Hughes of New York has been engaged with various Protestants, still this is the most suitable place in which to say something of the question, Whether and how the moneys destined by the state for schools should be divided among the different religious parties. The Catholics in New York as well as in other states declared : " If we must contribute to the raising of the school fund, and if religion is to be taught in the schools, this institution must be so regulated as not to exclude Catholic children. In view however of the difficulty of coming to an agreement in regard to merely reading the Bible, and the claims of the different translations, it seems best to assign a por tion of the school money to the Catholics ; who will so order their schools, that Protestant children can also attend them." After much investigation of the subject, this proposal was declined on the following grounds : Since the year 1812, a system of general instruction for children has been reduced to practice with the most beneficial effects. Without any hostile opposition between different sects, or between the rich and the poor — natives and foreigners, all the children come together in a genuine republican and natural manner, form friendships for life, raise the principle of union above that of disunion, become tolerant towards differences of opinion, and rejoice over their com mon progress in the pursuit of knowledge. If an attempt were made to go beyond reading the Bible in the schools, disputes of every kind would be unavoidable ; and if any sect must and will go beyond this common practice of Christians, it alone is bound to make provision therefor out of its own means. According to the general and recognized principles of the American republic, ho * Hinton, ii. 363. Caswall, p. 534. Poussin, Puissance Americaine, ii. 252. Miih- lenpfbrdt, i. 326. __ 328 RELIGION AND THE CHURCH. separate state can do any thing for a particular sect, and thus con vert it more or less into a state religion. If however the school money should be divided among more than forty different sects according to any defective rule whatever, the consequence would be, to dissolve the salutary school system, to split it into fragments, and to substitute a partial, defective, and costly one in its stead. All the schools would become the seats of sectarianism, passion, and hatred; and the thirst for proselyte making would be stimu lated by the prospect of getting more money. The Catholics are not taxed as Catholics, but as citizens ; there is no tax for reli gious purposes, and Protestants subject themselves without hesi tation to the same limitations and prescriptions. Religion is an affair of the church and the family, and school instruction has nothing to do with its dogmas. He who will not participate in such freedom, but will separate and exclude himself, must remain apart ; for laws and general regulations cannot be transformed at will to suit party demands and purposes. Schools which decline the direction and superintendence of the regularly chosen officers, and own no responsibility but to their priests or the pope, relin quish their connection with the state and people, and should make no claim for support. In conformity with these views, New York resolved in accordance with the acknowledged principles of the Constitution, that no school should receive support in which the religious doctrines of any particular Christian or other sect were taught, inculcated, and practised ; or where books of such a tendency were read ; or which refused to submit to the visits and examinations prescribed by law* EPISCOPALIANS. The Episcopalians like the Catholics have been able to turn the strifes of various sects into a means of increasing their own;! but they have changed and modified their church regulations in conformity with American views, and especially have allowed the laity a share in ecclesiastical legislation and administration, such as the high church in England never granted. In the United States there are no archbishops, deans, or archdeacons; but there are twenty-three bishops, about 1200 clergymen, and many lay elders. In every parish there is annually chosen a body of such elders or trustees, who manage the secular affairs of the church and have power to nominate the clergy.! They receive * Unfortunately in some European countries many schools are separated accord ing to creeds ; by this means indeed trifling disputes are obviated, but the way is opened for more destructive contests and enmities. t It is true that dissensions have arisen even amongst them ; but they are not carried to such a pitch respecting trifles, as they are for instance in England about the white surplice. 1 Caswall, pp. 65, 85, 114, 156, 185. Hinton, ii. 364. Amer. Aim. 1844, p. 195. RELIGION AND THE CHURCH. 329 the often large gifts of the laity, and rent the pews, for which from $5 to $200 a year are paid. A bishop's diocese contains from 10 to 200 parishes. Each of these holds a church convention, consisting of the bishop, all the clergy, and from one to three of the laity chosen for each parish. General ordinances are passed by the majority of the clergy and laity ; so that the former can carry nothing without the assent of the people, and the latter nothing without the assent of the clergy. In some dioceses, indeed, a veto is allowed to the bishop ; but this is every where unpopular, and is little used. On the whole it may be said that the bishop maintains his authority for the most part only by his personal character and judicious counsel, and not by compulsion and force. He is usually elected by the majority of the clergy, and confirmed by the majority of the laity. He is aided by a council or chapter, which consists of from two to five elected clergymen and as many laymen. In each diocese moreover there are chosen four clergymen and four laymen as delegates to the general convention of the Episcopal church ; and here all matters of general interest are discussed and determined, such as alterations in the forms of worship, the regulation of the Sunday-schools, the registration of births, marriages, and deaths, the founding of new bishoprics, the settlement of all affairs with other denominations, and the arranging of disputes between the different dioceses. The general convention, which has met every three years since 1785, forms the bond of union between the dioceses, and bears nearly the same relation to the diocese conventions, that Con gress bears to the separate state governments. Each has two houses or chambers : the bishops sit in the upper house, and the clerical and lay deputies in the lower. A majority of both houses is requisite, and each has a veto on the other. No bishop can be consecrated without the consent of the repre sentatives of all the dioceses ; no priest, without previous exami nation of his acquirements and character by the committee of a diocese. Some changes have been made in the English Prayer-book and in the Thirty-nine Articles ; 212 hymns have been selected for the use of the church, and the translation of the Psalms has been improved. Still in regard to doctrine and worship, the American Episcopal church keeps very close to the English. It however essentially differs from the latter in this, that it enjoys no exclusive privileges, is wholly separated from the state, and grants the laity, as before said, a very influential voice in church matters. 330 RELIGION AND THE CHURCH. METHODISTS. The Methodists formed their first society in the United States in the year 1766 ; but since then they have been increased to such an extent by untiring activity and restless zeal, that they now constitute several bishoprics, and number 7,730 stationaiy and 4,800 itinerant preachers. The latter constitute the yearly district conferences, which are represented by delegates in the general conference held every four years. The Methodists, however, allow the laity no share in the choice of preachers or in ecclesiastical legislation; all of which is placed in the hands of the clergy. This arrangement produces on the one hand energy and decision ; but on the other it gives rise to nar rowness and intolerance. And yet, in the year 1838, there sprang up even among the clergy so great a division, that about one half separated from the other, and took to itself the designation of the Old School, in contradistinction to the New. Another controversy of special importance arose among the Methodists in the spring of 1844, on the question, Whether one of their bishops might hold slaves. I will briefly state the case and the arguments of the two parties* One party, at the head of which was Mr. Griffith, made a motion, that as Bishop Andrew had become a slaveholder, and as this was inconsistent with his duties and the principles of the Methodists, he should be ear nestly entreated to resign his office. In support of this motion he observes, that no bishop, or other church officer is established for life ; on the contrary, the general conference has a right to alter the system of church government every year. Who can doubt that the conference might depose a bishop who had become deranged or had married a woman of color?! Our doctrine only, and not the mode of administering it, is unchangeable ; the bishops moreover do not form a higher order distinct from the clergy and the elders of the church. The rights of the confer ence are unlimited ; it is the highest authority in the church ; and all powers, the legislative, judicial, and executive, are united in it without any artificial separation. Further, the conference does not condemn Bishop Andrew, it only wishes to rid itself of an evil; and he does wrong, if he harasses the church through his opposition. The clergy of the North have never supported the rash and one-sided demands of the abolitionists ; they earnestly desire however through this mo tion or resolution to show their opposition to slavery, to restrict and set bounds to its enlargement, and at least to prevent a bishop * From the original reports in the Western Christian Advocate. t This in fact alludes to an alleged radical difference of races, which at that very time they were contending against. RELIGION AND THE CHURCH. 331 from contaminating his influence in the South and entirely ruin ing it in the North, by holding slaves. To this it was replied : This assembly of Methodist clergymen is entitled to no absolute power over legislation and administra tion, without reference to law, custom, and inevitable consequen ces. Every bishop has a right to his office ; and he can by no means be removed from or compelled to resign it by a mere vote and resolution of the majority, without a legal process. What is requested or demanded of Bishop Andrew under outward forms of civility, is in truth a punishment of the severest kind. He declares his readiness to resign, if he can thereby promote the peace of the church ; such however is not the case, since all the Southern clergy and bishops are opposed to the proceeding, and to subjecting themselves to the principles and purposes of New Eng land. Neither the laws of the church, nor custom, nor any express precept of the scripture, forbid the holding of slaves ; it has never been made a point in the election of a bishop, nor has any ques tion been brought up or duty imposed in relation to it. If how ever it was determined to make demands in this particular, they must extend to all clergymen ; nay, a condemnation would indi rectly be pronounced against all slaveholders among the laity. On the necessary closer investigation of the present case, it further appears that Mr. Andrew is one of the most useful and active of men, and one who exerts himself with peculiar ear nestness for ameliorating the condition of the slave. He also holds no slaves in his own right ; they are the dowry and property of his wife. She would willingly emancipate them, if it were not prohibited by the laws of Georgia ; this however would bring many old slaves into the greatest distress, and others are so dependent on their master and mistress, that they earnestly en treat them not to alter the relation that exists between them. No church in the United States, it was said, nor any in the world, has a right to make laws respecting slavery. This motion interferes (contrary to St. Paul's precept) with the affairs of others, brings the church into conflict with the laws of the land, and is in fact a revolutionary measure. When this career is once enter ed upon, it is impossible to foresee where we shall stop; and the conference might easily find pretexts for passing resolutions on the tariff, taxation, and banks. But in truth, the influence and progress of the Methodists are essentially owing to their having always very wisely refrained from involving themselves in secular and political affairs. The adoption of this motion would bring not the successors of Mr. Andrew only, but the whole Southern clergy into the most unpleasant circumstances ; it would put an end to the salutary and highly acceptable influence which they had hitherto exerted 332 RELIGION AND THE CHURCH. upon the slaves ; would set them at enmity with all the planters ; and would exhibit a purpose, which it is impossible to effect in this manner, or rather which such violence and precipitancy would cause to assume a destructive appearance. All the clergy of the South must therefore entreat and demand, that this matter which tends to the sundering of the church, be not precipitated ; but that all the counter statements be well weighed, facts collect ed, and reasons calmly examined. As these propositions met with no acceptance ; the Southern clergy again presented the matter on the 6th of June, 1844, in a formal and well reasoned pamphlet, — but without success. A complete separation of the South from the North was the conse quence ; about 1,300 clergymen and 450,000 people took the side of the former. Impartial observers think, that this movement will do more harm than good, and that throughout the contro versy passion and abstract theory have been much more promi nent than prudence and practical wisdom. Perhaps at some future time milder measures may be agreed to ; perhaps however it is a real benefit that the growing power of this sect, and the danger of constantly increasing violence and intolerance, is for the present circumscribed and broken by this schism. PRESBYTERIANS. These have essentially retained in America their doctrine and church constitution. Elders of the laity take part in the congre gational assemblies, the presbyteries, and the synods, over which ultimately a general assembly presides. Each congregation, a clergyman presiding, chooses its preacher ; still the presbytery can set aside the choice for reasons assigned, and order a new election. A presbytery numbers from 60 to 80 clerical members and a certain number of lay elders ; at least three presbyteries form a higher tribunal for many purposes, over which a general assembly presides as a court of last resort, and decides all matters of doctrine and discipline, but is not at liberty to change the con stitution of the church. It is estimated that there are 2,800 Presbyterian clergymen, and 3,500 churches. In the year 1837 a great division took place ; a very numerous party declined from the strict Calvinistic views of original sin, election, satisfac tion, justification, and other doctrinal points. CONGREGATIONALISTS. They are similar to the Presbyterians in doctrine, and to the old European Independents in their form of church government. They maintain that every congregation of enlightened Christians forms an independent church ; so that without subjection it RELIGION AND THE CHURCH. 333 merely enters into a friendly connection with others. They have only elders and deacons ; they however practise a church discipline, which extends from mere reproof to excommunication. The church is distinct from the society. The former has the care of doctrine and preaching; the latter that of property, good order, and other secular objects. Thus each part has its peculiar sphere of activity ; yet both are united by common interests, and ope rate with a mutually beneficial effect They have 1,420 churches, and 1,275 clergymen, BAPTISTS. These differ from the Congregationalists chiefly as regards the doctrine of baptism. In their subdivisions however they exhibit a multitude of minor differences, which this is not the place to "enumerate. In their constitution they are Independents, and number about 6,000 ministers and 9,000 churches, QUAKERS. This body, formerly united in their professed principles, have been divided since 1927 into the old, or, as they call themselves, the orthodox party, and the Hicksites ;* which latter reject in whole or in part certain doctrines, — for example, the miraculous conception of Christ, his divinity, his satisfaction, and the inspira tion of the Scriptures. SHAKERS, Their honored mother is Anne Lee, the daughter of a black smith ; she was born in 1736, in Manchester, and died in Ame rica in 1784. They live under a community of goods and in a state of celibacy ; which may be allowed them, as it was to the monks of old, because both principles are never applied except among a few and within narrow circles-! They are noted for cleanliness, industry, honesty, regularity, and benevolence ; but are especially held up to censure and ridicule, because they dance to the honor of God \ Many Indian tribes dance before and after meals to honor the Great &pirk, and say that uttering thanks with the lips is stupid and unmeaning, for the whole body should show its gratitude for the blessings received.! If it is esteemed pleasing to God, the Shakers might say, to raise the arms, clasp the hands, or (as in the silent mass) to perform count- # So named after their spiritual teacher, Elias Hicks. t North Amer. Review, 1823, p. 46. Murray, ii. 350. A treasurer of the Shakers Tan away from them with $20,000. Buckingham's Eastern States, ii. 427. f Lewis's Travels, p. 39. Sometimes the Shakers fall upon their knees, and utter sounds like the rushing of many waters, groaning to God, and crying for the godless world which .persecutes them. — Rupp, Ecclesia,p. 658.j 22 334 RELIGION AND THE CHURCH. less unintelligible motions in his honor, why should our mode be alone thought offensive and irrational ? Certainly it is more innocent, cheerful, and natural, than scourging, keeping silence, torturing, trying for heresy, and other inventions and practices professedly designed for the honor of God. Of more importance is the censure (provided it is well founded), that the Shakers take pride in their oddities, and are indifferent to all higher spiritual culture.* RAPPISTS. The Rappists, who are strict Lutherans in doctrine, may be mentioned here, as they too have introduced community of goods ; strongly recommend celibacy ; and are, it is said, by no means free from sectarian vanity.! MORMONS. Joseph Smith, born the 23d of December, 1805, was a man of lively fancy, and extremely sagacious, cunning, and skilful in man aging men and winning them over to himself. As from the want of a liberal education many occupations were closed against him, he is said to have betaken himself in the first place to digging for treasure and gold. But he soon found or made occasion for enter ing on a bolder and more dangerous career. One Solomon Spald ing had written in the Bible style a sort of ecclesiastical or biblical romance. It begins with the government of King Zedekiah, 600 years B. C, and ends about 200 years before Christ. This book, professedly written by Mormon (one of the characters in the romance), Smith and some of his followers determined in the year 1827 to set up as a new revelation, which was to put an end to the unseemly controversies and perplexities that have hitherto prevailed. It was, said Smith, written by an angel on tablets of brass in the improved Egyptian character, and handed over to me. God afterwards took the plates, and hid them in a place which no man knows. With this story Smith cut short the demand to produce the tablets, and refused to enter upon the question, how he or his friends could translate the Egyptian lan guage, with which no one is acquainted, into English. As little was he disturbed by the proofs that the whole book was a piece of modern patchwork ; for he assumed the character of a prophet, uttered predictions, and gave accounts of his interviews with angels and other messengers from God. Contrary to all the expec tations of intelligent and reflecting people, Smith obtained cre dence- for his story and numerous followers. This American credulity has been much ridiculed in Europe ; but the Mormons * Martineau, i. 217. t Buckingham's Eastern States, ii. 214. RELIGION AND THE CHURCH. 335 might well reply : If God in one place works miracles by means of ancient relics, may he not in another raise up new prophets ? Most of the Mormons went to the state of Mississippi, and con ducted themselves at first with great diligence and sobriety ; but then- religious opinions soon furnished grounds or at least pretexts for numerous complaints. Their opponents proposed to purchase all the real estate of the Mormons at a fair valuation and at a large advance on the cost, provided the latter would quit the country. Hereupon the Mormons made them the same proposal, and declared that according to the predictions of their prophet, the whole land was assigned and given to them by God. As quarrels, complaints, and acts of violence ensued, the governor, Daniel Dunldin, declared in writing : " We can hinder no one from settling in this state wherever he pleases, provided the pro perty and rights of others be not injured in consequence. Every one is entitled to absolute freedom in matters of religion ; and the Mormons if they choose may reverence Joe Smith as a man, as an angel, or even as the living God ; and may call their place Zion, the Holy Land, or Heaven. Nothing is so absurd and ridiculous that they may not adopt it as a religious belief, so long as they leave the rights of others undisturbed."* But unfortunately the religious aversion increased on both sides, and political motives came in to swell the excitement. In fact the entire views of the Mormons were in glaring opposition to the republican democratic institutions of the country. The prophet guided the whole as a church-potentate, and controlled all the votes ; so that there was reason to fear, that the govern ment of the state would fall entirely into his hands. He declared, that all history taught with a voice of thunder, that man was not capable of self-government, of making laws for himself, of protecting himself, and of advancing his own welfare and that of the world. The regular authorities could neither prevent nor punish indi vidual acts of violence ; and when a civil war was thus gradually brought about, it appeared that no dependence could be placed on the militia who were called out to restore order. The Mormons set Smith's prophecies above the laws of the land ; and their opponents, the will of the sovereign people above the commands of the magistrates. This will had in view the entire expulsion of the Mormons; and as the latter were finally compelled to submit and to emigrate to Illinois, the numerous criminal prose cutions fell to the ground. Each party was to blame, and had to make amends to the other ; and when peace was brought about after this open war, the whole apparatus of plaintiffs, witnesses, * Hunt's Mormon War, p. 159. 336 RELIGION AND THE CHURCH. and judges, which seemed designed for ordinary circumstances only, disappeared. In Illinois the number and the wealth of the Mormons increas ed ; but there soon occurred the same petty jealousies, complaints, and accusations as in Missouri. In addition to this, the Mormons fell out with one another; and Joe Smith, contrary to the American laws, interdicted a newspaper that was opposed to him, and had the press destroyed. As the governor of Illinois pledged himself for his safety, Smith submitted to imprisonment, and a legal punishment no doubt awaited him. This seemed to his ene mies far too slight for an impostor, a false prophet, an instigator to war, and one suspected of favoring a murderous attack on the governor of Missouri. Disguised persons forced their way into the prison, and shot Joe Smith and his brother. The Mor mons kept themselves quiet, in hopes of strict justice at the hands of the law, or in the consciousness of their weakness ; but they have not changed the course of their old enemies, much less won them over to their side. UNIVERSALISTS. The Universalists maintain that God, through his grace and compassion, will finally save and bless all men ; which doctrine is represented by their opponents as immoral, since it undermines or entirely removes the necessary dread of future punishment* UNITARIANS. The chief doctrines asserted by the Unitarians are : That there is only one God Almighty ; that Christ is not God, nor is the Bible given by immediate inspiration. There is no original sin, no total depravity of human nature, no eternal punishment ; and Christ appeared not to atone for our sins by his death, but only to furnish an example for our imitation, and to establish the purest system of morals, &c! Scarcely were these doctrines openly preached after the Ame rican fashion, than the loudest complaints arose against them. It was declared that they annihilated all Christianity, opened the door to infidelity and immorality, robbed mankind of every hope, &c. ; that this was the consequence of defective church forms, of self-seeking licentiousness, of arrogant disobedience, of superfi cial understanding, and-of worldly vanity-! Granting that all this is perfectly well founded, it follows that all the other sects were unable to prevent this alarming state of * They number about 500 ministers. t They have about 250 ministers. t Caswall, p. 127. Orthodox clergymen refused to enter into discussion with Unitarians or to acknowledge them as Christians. RELIGION AND THE CHURCH. 337 things. Now this spirit of rationalism pervades all church his tory, and has been much oftener put down by force than van quished by argument. In short it is not true that these differences of doctrine entirely annihilate Christian morality ; on the con trary, it is upon this rock of unity that the possibility of a recon ciliation ought to be founded and introduced. The Unitarians will never be able to root out every where the longing for the marvellous, for a vicarious redemption and atone ment, &c. ; very many will cling to the old orthodox doctrines, in spite of all religious and philosophical or sophistical objec tions ; in fact mere negative skepticism is scarcely to be found in the United States* On the other hand, the Unitarians uphold, more than any other sect, religious freedom and toleration ; they consistently transfer the principles of American republicanism to matters of religion ; keep down the love of power, which in other sects is only con cealed ; and hold up to those who condemn them on account of their doctrines, the shield of an all-pervading Christian morality. The Unitarians form an indispensable counterpoise to fanaticism of various kinds, a soothing ingredient, which lessens the import ance of conflicting dogmas, and is fundamentally opposed to the spirit which brands all others with heresy. The views of the Unitarians exhibit an affinity to certain phi losophical schools.! Philosophy however plays as yet no distin guished part in the United States ; although in truth its develop ment and that of religion stand ever in a mutual relation, and each requires the corrective of the other. Very often in America, and in England too, the theologico- philosophical development of Germany is found fault with, as heretical and infidel ; but herein it is forgotten that the Germans rightly hold fast to a mental freedom and self-government, which in this respect are superior even to the American, notwithstanding the liberal spirit of their Constitution and Jefferson's law of tole ration. Philosophy is the Germans' safety-valve against hierar chical tyranny. In the dogmatical development of the Americans, we perceive no essentially new and peculiar element; they confine themselves mostly to the old paths, and not always without dis putes and ancient bitterness. Whether successful or not, the Germans have undertaken a labor at once bold and severe; and labor is of more value than mere repetition and rumination. In every century, even in the nineteenth, doctrines must undergo a new examination, in order to free their eternal elements from * Poussin, Puissance Americaine, ii. 247. t The Jews are not numerous in the United States. They enjoy almost every where the full rights of citizens, but are split among themselves (in Charleston for example) into violent parties. 338 RELIGION AND THE CHURCH. human ordinances and dross. This fiery ordeal does not bring the truth into danger (though some may burn their fingers in the operation), but serves to confirm and explain it. In a country, where cultivation and population are rapidly spreading, and the new settlers are often widely scattered, it is quite impossible to have clergymen in every neighborhood. Still, in proportion to the whole population, their number is as great and even greater than in many other countries ;* and the travel ling preachers supply in a peculiar and suitable manner the defi ciencies that occur. Though no American preacher receives so large an income as the Catholic or English archbishops or bishops ; yet on an average they are as well paid as in England, and even better.! Most preachers, except among the Catholics and Metho dists, are chosen by the members of the society, the pewholders, or the communicants. On account of the rapid demand for a great number of clergy men, many formerly entered the ministry without a suitable learned preparation ; but now the number of institutions has increased, and the requirements and examinations have become more strict. American clergymen may study less and possess fewer books, than in other countries ; but their correct morals deserve the highest commendation, while in the active discharge of the duties of their office they perhaps surpass all, because they are entirely excluded from worldly offices and are so much the more devoted to the peculiar duties of their calling. The absence * In 1834 there were in Inhabitants. Ministers. Churches. Massachusetts • • ¦ 610,000 704 600 New York 1,900,000 1,750 1,800 Pennsylvania ¦ • -1,347,000 1,133 1,829 Tennessee 684,000 458 630 Ohio 937,000 841 802 Indiana 341,000 340 440 Scotland 2,365,000 1,763 1,804 Liverpool 210,000 57 57 New York- • ¦ . 220,000 142 132 Edinburgh 150,000 70 65 Philadelphia 200,000 ¦•.•¦•¦ 137 83 Glasgow 220,000 76 74 Boston 60,000 57 55 Cincinnati 30,000 22 21 Columbus 3,000 5 3 United States • • -13,000,000 11,450 12,580 Hence it appears, that the number of churches and clergymen, even in the new Western states, is proportionably larger than in Great Britain ; and that they have about one clergyman and one church for every 1,000 inhabitants. — Reed, i. 125; ii. 101. It is estimated that there are raised by voluntary contributions for schools and churches about $20,000,000 per annum. One merchant gave in the course of thirty years, $800,000 for religious, school, and charitable purposes ; and another from forty to sixty thousand dollars a year. t Cox, p. 516. Grund, p. 159. Their yearly income amounts to from $300 to $4,000; but it seldom extends over $1,000. RELIGION AND THE CHURCH. 339 of an elevated wealthy hierarchy and of a direct worldly influence, has not diminished but rather increased the respect paid to the American preachers. As innumerable sermons are delivered every week, and as it is a matter of extreme difficulty to make one of high excellence, there are of course in the United States, as every where else, a great many bad sermons. It may be mentioned as a characteristic trait, that many clergymen, especially Episcopalians and Congrega- tionalists, write down their sermons and read them from the pulpit. By this they gain in method and clearness, but not in life and animation. These latter qualities are more common among the Methodists, but are apt to degenerate into rant and repetition. Most sermons are of a doctrinal import, and the more extensive subjects are treated on several successive Sundays. " Nowhere," it is observed, " is so much said about the offices and importance of the Holy Spirit, and nowhere is the Holy Spirit so honored as in America ; the Catholics alone are backward in this respect." But that much is claimed as the work of the Holy Spirit, which has a different origin, will be shown hereafter. The existence of so many sects renders the building of great and magnificent churches (with very few exceptions) almost impossible. The prisons, to which members of all denomina tions contribute, are proportionably much more splendid than the churches.* It is said the South and Southwest expend less on church buildings than other portions of the Union, and prefer to pay their clergy more liberally.! Church property is in some states, Kentucky for instance, exempt from taxation, and in others not. Every church acknow ledged and confirmed as a corporation by the state, has the right to acquire property, receive donations, &c. In many states the limits are fixed, according to the wants of a church, beyond which its property must not increase. Disputes respecting the property of churches and institutions, and also as to whether such property can descend to new sects, are decided according to gene ral laws, without placing any restraint on opinions. Sufficient as the voluntary system is found to be for supplying the wants of the church, still complaints are made of the greater dependence of the clergy on the people and of the frequent changes of pastors which it produces. Nevertheless it is generally observed, that a bold demeanor on the part of the clergyman is much more likely to secure the permanent respect of his congre gation than a timid, flattering manner ; and I have myself heard discourses in which the hearers were accused and reproved with * Some churches indeed are built on speculation or out of jealousy and bigotry. — 2lemarkson a Tour to Quebec, p. 31. t CaswalLpp. 273, 274. 340 RELIGION AND THE CHURCH. a severity which a European community would scarcely bear. There is also a bright as well as a dark side in this frequent change of preachers ; since their transplanting to new congregations often leads to new activity and interest in their calling. Should the newly installed minister suffer himself to be led into precipitate and extravagant excitements,, the due equilibrium at any rate is more easily restored, from the fact that the law neither creates any artificial efforts nor confers any advantages; while unbiased! public opinion co-operates effectually in producing a return to reason.* This is not the place to determine what is fit and suita ble for other countries ; the voluntary system is certainly the only- one possible for and adapted to the United States. ltThe result," says the English clergyman Reed, "is in every thing and every where most favorable to the voluntary, and against the compul sory principle. All the ministers in every part of America are strongly opposed to compulsion, and to any connection with the state. Pittsburgh^ founded fifty or sixty years ago, is better sup plied with the means of religious instruction than any town in England, and sends missionaries to all parts of the world."-! " We add," say Cox and Hoby, " our express testimony to that of our predecessors, to the advantages of the so-called voluntary system. All the observations that we made in our extended travels confirmed our conviction, that in every respect it is beyond comparison better than the compulsory plan."! " ^h® voluntary system," says Buckingham, "¦ exhibits itself every where in the United States as salutary, without the bitter contentions which divide the churches in England, arraying the flock against the shepherd, and the shepherd against the flock, in contentions about tithes, oblations, first-fruits, churchrrates,. and other claims."§ Besides the religious wants of particular communities, nume rous societies have been formed, for charitable and moral purposes,, such as for Sunday schools, prisons, temperance, home missions,, foreign missions,. &c Their yearly income, as early as the year 1834, amounted to $910,000.y For the distribution of Bibles there had been collected for the 19 years ending with 1835, $1,404,000. Clergymen and laymen jointly conduct the busis- ness, and a number of gifts and legacies are added to the large regular receipts. Translations are made into various languages, and agents and considerable sums of money are sent into many countries. Thus there have heretofore been sent to the north of India $3,000, to the Sandwich Islands $3,000,, to Ceylon $2,0Q0„ * Combe's Notes on the United States,, i. 99. t Reed's Visit to the American Churches, ii. 101, 348, 323. j Cox and Hoby, Religion in America, Preface, p. viL § Reed, ii. 113. J| Buckingham's Slave States,. L 222. RELIGION AND THE CHURCH. 341 to Bombay, Madras, and Siam $3,000, to Switzerland $500, to Esthonia and Livonia $1,000, &c. During the last year, 314,582 Bibles and Testaments were sold and given away ; and the num ber thus disposed of since the foundation of the American Bible Society, twenty-eight years ago, is 3,584,260 volumes.* It is doubtful whether we should extend the approbation due to the Bible societies to the distribution of other books and tracts. Several sects have founded societies of this kind for their parti cular objects : thus a leading society has distributed since 1835 only 9,891 Bibles and 13,695 Testaments, while it has sent forth 5,161,141 tracts. It distributed in one year 684,599 tracts, which contained 3,209,012 pages of " important truths respecting the redemption through Jesus Christ." — " In our society," say the managers in a commendable spirit, " persons of different deno minations take a part. It has nothing to do with peculiarities of doctrine, but is a Christian society. It forms no separate church, but identifies itself with all the churches of Christ." — A great and noble undertaking truly ; but also very difficult, and as matters now stand, well nigh impossible to accomplish. Even respecting the very active missionary institutions, different judgments have been pronounced. The only fruits, said Governor Houston, which the far-famed exertions of the missionaries have produced, are hypocrisy and deception ; and demoralization is the result of bringing doctrinal Christianity among the children of the forest.! — The introduction of ministers into our tribe, said an Indian, has created great disturbances among us ; we have be come in consequence a disunited, quarrelsome people. We have learned nothing from them, said another, but to drink, quarrel, and swear. For tobacco and whiskey, an Indian will let himself be baptized six times over. These reports, it is true, pay far too little attention to the bright side of the picture, the conversions ; while its dark side they bring into the foreground: still the existence of the latter cannot be denied, and it is much to be lamented that many missionaries of different sects should at once inoculate the new converts with their own disputes. Though Christianity may be destined to become one day the prevailing religion of the world, dogmatic subtleties are certainly not the business and occupation of every man. And yet controversy and persecution have often raged the most violently on those points that are the least understood. If the ten commandments only had first been implanted among the Indians, they might long have been spared the doctrines of pre destination, transubstantiation, and the like. * A branch society in New York has already distributed 48,000 Bibles and 107,000 Testaments, in prisons, ships, poor-houses, taverns, &c. .^\ Ferrall, pp. 277, 281. Murray, i. 425, 428. 342 RELIGION AND THE CHURCH. Public worship and the observance of Sunday cannot be the same among the different sects ; yet the churches are every where very diligently attended, and in the North they are usually warm ed ;* a custom which is favorable to health, and prevents the attention from being distracted. In the zealous Protestant states, a very strict observance of the Sabbath is even required by law ; though by this the principle, that the civil authorities have nothing to do with ecclesiastical and religious matters, is certainly violated, and personal liberty restricted-! Congress however rejected the proposal to forbid travelling on Sunday. No one disputes that it is useful to interrupt the daily course of active life in order that the mind may collect itself, and the thoughts get a different direction ; but it does not follow, that Christianity, the most cheerful and consoling of all religions, is improved and elevated by stern and literal Jewish observances-! In this respect we may do too much as well as loo little; and by far the greater part of Christendom seeks to find out the middle path, and to practise the mutual indulgence recommended by Paul. He says (Romans xiv. 5) ; " One esteemeth one day above another; and another esteemeth every day alike. He that re gardeth the day, regardeth it to the Lord, and he that regardeth not the day, to the Lord he doth not regard it." We must here notice two things that have often been discussed, and about which very different sentiments are entertained ; viz. the so-called camp-meetings and revivals. The former are held for the most part by Methodists, who display in them enterprise, zeal, and perseverance ; and convey Christian instruction and worship to the widely scattered inhabitants of the wilderness, who are almost excluded from Christian communion. § And why should not those who neither have nor can have churches, and who need instruction and consolation, not be permitted to assem ble under God's free sky ? Why should a diminutive house of man's contrivance be preferred to the ancient, venerable groves, where giant trees form a lofty vault of foliage, which architects strive to imitate in their most finished works ? What right have we to find fault, if the cold indifference and worldly distinctions of an established church are not observed in these forest gather ings ? How can we wonder, that the preacher, carried away by the grandeur of his mission and of surrounding objects, should be roused to a pitch of excitement which the equable flow of common life would never produce ? And who can doubt but that * Reed, ii. 341. t Duden, p. 46. Abdy, i . 319. X In Baltimore, whoever flies a kite or plays ball on Sunday is fined one dollar. § Cox, p. 516. Flint, Mississippi, ii. 217. Clergymen belonging to the Episcopal ehurch are occasionally sent into the wilderness to preach. Caswall, p. 122. RELIGION AND THE CHURCH. 343 they contend with all their strength against the irregularities which creep into those meetings, held by night as well as day ?* On the other hand, a cause of just censure is found in these meetings, which affects the preachers almost more than it does their hearers. If the former protract the meetings for several days and nights, if they strive especially to produce in their hearers a bodily and mental excitement ;! then idleness, vanity, hypocrisy and folly are the almost inevitable consequences. In order to produce and increase a so-called religious state of feeling, know ledge and sound reason are hastily rejected as something of small account. With great propriety therefore a worthy minister! gives the wise counsel, that travelling preachers should adhere to the broad foundation of Scripture, and hold up the essential truths of religion in which pious men of all denominations agree ; instead of placing controversial points in the fore-ground, and pushing them to extremes.§ Among the most serious, I may say the most dangerous and highly reprehensible things that claim our attention, are those fanatical movements termed revivals. It cannot be doubted that single individuals may, by some particular event, some over whelming influence, be aroused from a thoughtless or sinful life, and be awakened and born again to a new and higher existence. It is a cause for rejoicing, when such examples are widely imi tated. But the means which are employed in America to forcibly produce these phenomena, are often of a wholly one-sided, ambiguous character ; and what passes for a proof of regenera tion has such a perverted and fanatical appearance, that numerous individuals entitled to respect have declared themselves, and with justice, decidedly against them. The sermons and prayers are often continued whole hours together, and are held for ten, twenty, thirty, and even forty even ings in succession ; they are almost exclusively occupied with complaints of the utter depravity of man, the power of the devil, inevitable everlasting damnation, and the like. With weeping and strained eyes, the preacher utters his woful denunciations, draws out each syllable and letter to an absurd length (ho-ly, gld-ry, ever-last-ing, mo-o-o-o-oumer), quavers as long as his breath holds out, or suddenly falls into such a rapidity of utterance as to become altogether unintelligible. The hearers reply with sighing, groaning, howling, quaking, clapping, rubbing, and wringing their hands, barking like dogs,|| and making a noise * Long's Rocky Mountains, i. 21. t It is asserted that not a few resort to the camp-meetings for the sake of com pany, and in order to relieve the too uniform and tedious observance of Sunday. J Thomas Scott, in the Memoirs of Rowland Hill, p. 175. § In Maryland, no one is allowed to preach in the streets and public places with out the permission of the magistrates. || Buckingham, Eastern States, ii. 427; Slave States, ii. 136. 344 RELIGION AND THE CHURCH. like the rushing together of several streams. Others, particularly the women, faint away, or fall into spasms and convulsions; while the youth, in virtue of their greater bodily vigor, keep shouting by the hour some formula, such as, " Come down, Lord Jesus !" and then declare that they too are regenerated. Pheno mena of this sort, which in former times would certainly have been ascribed to the influence of the devil, who would have to be cast out, are now held by many to be the work of the Holy Spirit, and the manifestation of a new genuine Christian impulse. Lastly, the anxious seat is regarded as the very summit of grace, the triumph of regeneration; and to this the ghostly zealots almost force their excited hearers, there to make a public con fession of their sins. But a compulsory and almost unthink ing contrition, without moderation, consistency, or reason, is apt to sink into feebleness and indifference ; or to break out into insanity ; or to be accompanied by vanity, arrogance, and a per secuting spirit. This outward, noisy, theatrical exhibition leads to no true conversion and sanctification ; it pulls down instead of building up. A wild clerical zealot cried out to a girl of fourteen, " Are you for God or for the devil ?" The terrified girl burst into tears, cast down her eyes, and was silent. " Write her down in the devil's book !" cried the preacher to his clerk. The maiden fell to the ground, and from that hour was a lunatic* " Opponents of revivals," writes a clergyman, " are the openly wicked, the profane, the Sabbath-breakers, the enemies of pure religion, avowed or secret infidels ; or Catholics, Unitarians, or Universalists, whose Christianity is corrupted through errors and heresies." In contradiction to these partial and exaggerated accusations, other eye-witnesses declare that all this evil, these extravagances and outrageous follies, proceed from hot-headed mechanics, fanatics, and noisy brawlers ; who vainly plume themselves upon unreal conversions, and consider themselves as gifted and inspired, because they are able, by means of their wild absurdities, to make weak women still weaker and more irrational.! Even some clergymen, in pursuing this dangerous path, have fallen into the most grievous sins, and been ejected from their office.! Moreover, the alleged subjects of regeneration distin guished themselves afterwards, not by stricter rectitude of feeling or a higher-toned morality, but by an arrogant exhibition of their alleged superior sanctity. * Caswall, p. 325. Cox, pp. 520, 130, 148, 160, 168, 473. Murray, ii. 351. Reed, ii. 23. Buckingham's Eastern States, i. 515; Slave States, i. 547. t Buckingham (Slave States, ii. 138) relates divers other consequences which ensued from these excitements, both as respects clergymen and women. X Buckingham's Eastern States, i. 29 ; ii. 376. RELIGION AND THE CHURCH. 345 Hence Dr. Miller says, in language equally sensible and tem perate:' "It appears to me that religion in these meetings is less an affair of the understanding, conscience, and heart, than of display and excitement, of weeping and physical sympathy. These produce the same effects on the spiritual and moral nature, that strong drink does on the bodily nature ; a brief season of over-excitement is followed by weakness and disease."* " Nothing," writes Dr. Beecher, " is so fearful and untameable as the fire and whirlwind of human passions, when once excit ed by misguided zeal, they seem to be sanctified by conscience, and when the vain thought arises that men mistake and persecute us because we are serving God. This state of things must lead to division in the- church, although many at first do not venture to oppose it. Excesses of a similar kind in the time of Crom well threw back true piety for centuries ; in America they prevent the different denominations from approximating and becoming reconciled to each other. Ignorant and fanatical teachers force the well instructed and judicious into the back-ground ; and a general confusion and relaxation of church discipline cannot but ensue. If a victorious army should traverse our native land and lay it waste, or a fire destroy all around us, it would be a blessing in com parison with the moral devastation which a pretended, unregu lated revival of religion would produce ; for physical evil soon passes away, while moral unsoundness sinks deeper and endures for a greater length of time." After this worthy clergyman, let us hear also a layman, whose official station unhappily enables him to give indisputable testi mony on this subject. In the course of eleven years, there have been placed under the care of Mr. Woodward, superintendant of the Insane Asylum at Worcester, 148 patients who had lost their reason in consequence of religious excitement! He says in respect to this :! " The Bible itself will seldom drive a man mad. Its promises are opposed to its threatenings, and its simple and clear teachings show plainly the way to forgiveness and peace. It is the newly hatched doctrines of men, proclaimed by ignorant, misguided people, that now distract public opinion, break the bands which hold society together, and set men in motion with out chart or compass to seek, as is pretended, the heavenly inheritance. When the firm principles of religious faith and * Sprague's Letters on Revivals, p. 265. t Similar results are exhibited in other lunatic asylums, for example in Colum bus, Ohio. Of one woman it is said, "her insanity occurred during a revival of religion." A second was deranged " after attending a religious meeting, at which there was unusual excitement." A man " became violently deranged during his attendance of a protracted meeting." The insanity of another man was also con nected with a camp-meeting. Report of 1839, p. 21 ; 1841, p. 43 ; 1843, pp. 66, 71. 1 Report for 1842, p. 41 ; 1841, p. 53. 346 RELIGION AND THE CHURCH. hope are cast aside, the usual forms of worship forsaken, and fanaticism is allowed to rule, then weak and excitable minds become perplexed and even insane. The effort to grasp some thing ineffable and inconceivable exceeds the power of the human faculties, and shatters and destroys them. This is not religion, but her opposite ; it spoils the offering she brings instead of improving it, and lowers instead of elevating the moral and religious standard of a country. True religion must exhibit itself in the life, the whole life, and not in feverish excitements, the sallies of a sickly fancy, zeal without knowledge, and words without deeds." Opinions of such weight and experiences of so bitter a kind have not remained without effect. After these misguided persons have rushed heedlessly onward to the utmost verge of error, they bethink themselves of returning ; and it is to be hoped they will not again be led to imagine, that religion can be improved and ennobled by fanaticism. If we reflect on all that has been said, it is plain that there is no lack of religion in America, but that there is danger of faffing into erroneous practices through excessive zeal for religion. The tolerance exhibited by the laws of the land, and the equal man ner in which they look upon all denominations, have indeed weakened and concealed the radical elements of bigotry and fanaticism, but have by no means rooted them out. Thus, one is shocked that a merchant should post his books on a Sunday ; and another, that a clergyman should on that day speak of the affairs of his congregation* A third takes offence at organs and church music ; a fourth calls it a remnant of Popish trumpery, if the words Laus Deo are placed on the organ, or an /. H. S. on the pulpit. It is remarkable, but by no means uncommon, that the Americans themselves place side by side the highest com mendations and the severest censures respecting their religious condition. For example, while one maintains that so much vir tue, faith, and morality, never before existed in the world as is now to be found in New England ; a second is shocked at the Unitarians and Universalists ; and a third describes the earlier condition of the country as worse than that of Sodom and Go- morrha. Thus he says : " Neglect and contempt of the Gospel and its ministers, a prevailing and abounding spirit of error, dis order, unpeaceableness, pride, bitterness, uncharitableness, cen- soriousness, disobedience, calumniating and reviling authority, divisions, contentions, separations and confusions in churches, injustice, idleness, evil speaking, ; lasciviousness, and all other vices and impieties abounded."! * Duncan, i. 223, 242. t Quincy's History of Harvard University, ii. 47. RELIGION AND THE CHURCH. 347 He who proves too much, proves nothing. All really sensible Americans are as far removed from vain self-admiration as from cowardly or misanthropic despair. True culture is the best remedy against fanatical extravagance, narrow sectarianism, and the dark spirit of persecution. But reading, writing and arith metic do not constitute the sum of true knowledge, or bear evi dence of its possession ; any more than the mere reception of certain dogmas infuses the life-bestowing essence of religion. To genuine knowledge and genuine faith much more belongs than is taught and practised in the school-room and in revivals. Without self-control, disinterestedness, self-denial, reverence for the laws, and genuine philanthropy, all the wisdom of schools and churches is only sounding brass and a tinkling cymbal. It has been repeated a thousand times over, that in the human heart all is good, — or, all is bad; and yet our immediate con sciousness tells us that each of these dogmas is false. A scien tific and religious education which is founded on either of them, will never fully accomplish its task. When we see in America three or four clergymen, excluded from their former communion, in connection with half a dozen laymen, set up a new church of their own, and at the same time maintain that they alone possess the truth ; and when they put forth the assertion, that this church of their forming must be uni versal and include in it all believers ;* it is scarcely possible to restrain our scorn and contempt for such arrogance and vanity. And yet this may be viewed in another fight. The multiplicity of sects which springs from the exercise of free judgment, shows a due sense of the nature and value of the rational liberty that belongs to every man ; for the real indestructible Christian nature undergoes innumerable transformations in the human soul without injury to the objective truth that lies at its founda tion. The image which the eye of a man beholds in the kaleido scope, and whereby his imagination is excited, has subjective truth springing from the object ; and no one has a right to assert that it is not there and cannot be there. Equally absurd is it to declare, that this individual conception is shared by all mankind alike. Jefferson's Declaration raises men from outward compulsion to outward freedom ; but for the higher cognition of an inner natural tendency towards and necessity for an infinitely diversi fied development, next to nothing has hitherto been effected ; still less is any thing done or likely to be done for discerning unity in multiplicity, or for preparing the way to a reconciliation and a * Six clergymen form " God's church," and " it is the bounden duty of all God's people to belong to her, and none else." — " Universality is likewise a prominent attribute in the church of the first born." Rupp, Pasa ecclesia, pp. 175, 178. 348 RELIGION AND THE CHURCH. more exalted peace. As long as one sect merely tolerates another, so long of course will it strive after its subjugation. The impos sibility of accomplishing its desires will alone prevent this, and not good sense and charity. Although the application of the fire and the faggot would now, thank God, meet with insuperable difficulties, still the orthodoxy that politely shrugs its shoulders at the thought of heretics is not yet wholly extinct. The Catholics hold fast either secretly or openly to the doctrine, that to them alone it is given to impart salvation ; while the smallest Protest ant sect calls itself Catholic, and declares that the whole Catholic world is out of the pale of Christianity ! All establish some test of orthodoxy, and condemn every thing that does not fit this Procrustes' bed. Contrary to the spirit and letter of the Consti tution, Clay, Polk, Frelinghuysen, and Dallas were arraigned for their religious convictions, and subjected to a catechetical exami nation ; while a sort of creed or test-oath was demanded of them, although every one well knew beforehand that all the zealots would never be satisfied with it The hope that the Bible and biblical Christianity would re-unite those who had prematurely separated is unfortunately not yet fulfilled, and the book of peace is but too often made a magazine of war. Thus says an American paper : " The mournful events which we all lament may be traced with mathematical certainty to their real source, namely, to the conduct of the clergy, who for the last fifteen or twenty years have excited and inflamed the religious bigotry of their followers." — In another report it is stated :* " The Bible does not yet exert its healing influence even in the bosom of the church. What violent, bitter, and obstinate controversies take place even among members of the same de nomination ! There is a spirit of fault-finding, of censoriousness, and slander among brethren, which lays more stress upon some one small and scarcely visible point of difference than upon a hundred things of importance in which they agree.! There must be some remedy for this moral disease, and that remedy is the Bible. Let the Bible, with its triumphant, softening, purify ing, and elevating power, exert its proper influence upon the human heart; and these contentions will cease, and Christian mildness, love, and good will take their place !" It is fortunate that no church party can prop itself up by the aid of a political one, and become blended therewith : still I con sider that the United States have far more to fear from the fanati- * Report of Young Men's Bible Society, Cincinnati, 1837, p. 28. t " They will argue as if their soul depended upon the decision of the north or northwest side of a hair in polemics." Olive Branch, p. 22. It was a dread of such views and influence that caused Jefferson and Girard to exclude clergymen from their institutions at Charlottesville and Philadelphia. RELIGION AND THE CHURCH. 349 cism that glows under a flimsy covering, than from the impetuous spirit of democracy which is constantly unburthening itself; nay, it is in this very ardor for political liberty that the best remedy against ecclesiastical tyranny is to be found. All the sects which at certain periods were predominant, have fallen into disputes among themselves (for example, the Episcopalians, Presbyterians, Quakers, and Methodists) ; and this has lessened the danger, and enlivened the activity of the separate parties. Still a truly Christian understanding, an exchange and mutual correction of thoughts and feelings (a most praiseworthy example of which I met with at Charleston),* would operate more beneficially than all the never ending still beginning controversies professedly undertaken for the honor of God. Unfortunately in several countries of Europe, and even in Germany, where a commendable interest is taken in religious and ecclesiastical affairs,! the elements of a manifold tyranny have been set in motion, and the flames of fanaticism kindled anew ; — and all this under the pretext of honoring God, advanc ing the pure and only truth, improving the life of ecclesiastics, and the like. An arrogant, domineering dogmatism forgets country and nationality, Christian morals and Christian love, and puts arms into the hands of hatred and persecution. Thus we are in the fairest or rather the worst way to fall into the scan dal, the audacity, the destructiveness, and the brutality of another thirty years' civil and religious war. * See my Letters. | It has been anxiously or perhaps maliciously asked, What is the government to do in reference to the recent movements of the German Catholic Reformers and other Protestants? It should undoubtedly give free scope to development, and neither restrain nor promote it by positive laws, nor suffer it to be done by the clergy through secular means. Every other mode will fail of the end, and produce more evil than good. S3 CHAPTER XXXV. THE STATE OF OHIO. Settlement, Origin — Natural Condition — Constitution — Administration of Justice- Population — Productions — Canals — Taxation and Finances — Banks — Prisons— the Deaf and Dumb, the Blind, the Insane — Paupers — Churches — Schools — Cincinnati — Population — Swine-breeding — City Ordinances, Taxes — Churches — Schools — Lane Seminary — Woodward College — Mechanics' Libraries — Ger mans — Prospects. The knowledge necessary to delineate the twenty-six states of the great American confederacy is possessed by but few Ameri cans, and certainly by no foreigner. Should I notwithstanding attempt it in this place, by making use of many aids at my, com mand, the constant sameness of the general descriptions would only fatigue the reader, and the enumeration of slight differences would take up far too much room. But as I have arranged my previous communications according to their subjects, and have brought under one head what related to each of them in the several states, it cannot well be inappropriate, if I sketch, by way of coun terpart to the foregoing, the figure of one state as an individual whole. I choose for this purpose none of the better known East ern states, but the queen and wonder of the West, the republic of Ohio. Sixty years ago, the whole country consisted, partly of a pri meval forest, scarcely accessible even to wild beasts ; and partly of a level prairie, where bears, panthers, wolves, and foxes bore sway, rather than the few and scattered Indians. Single travel lers had ventured down the Ohio, or landed on the shores of Lake Erie ; but nothing was yet said of permanent settlements. On the 16tb of April, 1781, was born the first white child within the present limits of the state of Ohio. In April, 1788, about forty persons settled on the Ohio, and called their settlement Marietta, after the unfortunate queen, Marie Antoinette. It was not till the year 1794, the period of the worthy General Wayne's victory over the Indians, that the immigrants enjoyed the requisite repose and security ; and in the year 1802, with the beginning of the nineteenth century, they adopted a constitution and formed a state. And even then how small were theix beginnings, how toE- THE STATE OF OHIO. 351 some their way of life, how apparently insuperable the obstacles and difficulties that beset them on all sides ! The judges had still to travel on horseback, to take with them their own provisions, and at night to sleep in the woods ; — there was neither shelter, nor roads, nor bridges ! Nature offered much, it is true ; but men seldom know how to improve her gifts, and never in so short a time has so much been accomplished, I may say created, as in the state of Ohio. It extends from 3° 30' to 7° 40' west longitude from Washington, and from the 38th to the 42d degree of north latitude. Although the similarly situated portions of Europe (between Palermo and Rome) have a warmer climate, Ohio can still be compared in this respect with Southern Germany. Of 40,000 English square miles, or 25,600,000 acres, seven eighths are excellent for the cultivation of wheat, and of course for other purposes. Its trea sures of wood, turf, salt, and iron are immense ; and it has been computed that there is a supply of coal in the eastern part suffi cient for the wants of sixteen millions of people (the number of the population, of England and Wales) for 10,000 years. The most convenient water-communication with the whole world is opened on the south and west by the Ohio, on the north by Lake Erie, and on the east by the Erie Canal. As mind moves the mass (mens agitat molem), we must first speak of the constitution and administration of the state. For although all has not been effected through the contents of the former and the conduct of the latter, still without the foundation of free institutions, the results we are about to communicate would have been wholly impossible. The first general ordinance for the establishment of the rela tions of civil society, drawn up by Nathan Dane of Massachu setts and Jacob Burnet, and adopted on the 13th of July, 1787, is distinguished by moderation and good sense. It contained the important, though seldom recognised principle, that no future law should interfere with private contracts previously made. More important and comprehensive is the constitution of the 30th of April, 1802. It founds two legislative chambers, a house of representatives and a senate. The former contains not fewer than thirty-six, nor more than seventy-two members ; the senate not fewer than one third nor more than one half the number of the representatives. The senators are elected for two years, and the representatives for one, by ballot. Of the former one half go out annually. Every citizen who is twenty-one years of age, who is subject to pay taxes, and has been a resident for one year, is entitled to vote. A representative must be twenty- five years old, subject to taxation, and a resident for one year ; a senator thirty years old, subject to taxation, and a resident for 352 THE STATE OF OHIO. two years. The governor, who is elected for two years, must be thirty years old, twelve years an inhabitant of the United States, and four years of Ohio. No member of either house can fill any other office during the period for which he is elected. Each one receives a compensation of two dollars per diem. The judges of the higher courts are chosen by both houses for seven years, by bal lot. Many other officers are elected by the citizens of the counties and towns ; e. g. justices of the peace for three years, sheriffs and coroners for two years, &e. Militia officers are partly elected by the.men, and partly appointed by the state authorities. Both houses nominate by ballot the highest officers in the army, and all the other important state officers ; the town-officers are elected by the citizens in common. Bills may be originated in either house, and must be read and debated three times before their final passage. The governor is commander-in-chief of the army and militia, appoints some of the lower officers, proposes measures to the legislature, and requires and receives reports from the public officers. He also possesses the pardoning power ; but has no veto upon the acts of the two houses. An important Bill of Rights is annexed to the constitution. It establishes the entire freedom of the press and of religion, pub licity of judicial proceedings and trial by jury, a mild criminal code, no imprisonment for debt after a fair surrender of property, no outlawry, no corporal punishment in military service, no quar tering of troops, no standing army, no hereditary prerogatives or distinctions whatever, no slavery, no poll-tax, the equal right of all citizens to bear arms, the right to attend all schools and col leges (the poor not excepted), and the right of the people to assem ble peaceably and petition for the redress of grievances. With regard to future changes of the constitution, it declares that every free republican government rests upon the sole author ity of the people ; and that its grand object is to protect their rights and liberties, and to secure their independence. On this account the people have at all times full power to alter, transform, and abolish their government, whenever they may deem it neces sary. But to prevent this from being done in an arbitrary and informal manner, the following provisions are subjoined. When two thirds of the members of both houses recommend an altera tion, and not before, the proposal shall go before the whole body of voters. If a majority of these approve of it at the next election, the legislature shall call a convention composed of as many per sons and chosen in the same manner as that body itself. What this convention determines or adopts shall have the power of law, without further action on the part of the people. Persons brought up in the views and doctrines of certain THE STATE OF OHIO. 353 European schools, and thoroughly persuaded of their truth, will absolutely condemn these regulations, and censure them as dan gerous, anarchical, destructive, Jacobinical, revolutionary, &c. It would be labor in vain, to endeavor to convince them by theo retical demonstration, or even to show that some things are natural and wise under certain circumstances that would not be so under others. I will candidly admit, that even well' informed Americans have doubted whether the power of the governor was not too small, that of the young voters too great, the change of legislators and public officers too frequent ; whether the meetings of the people will not become dangerous, and the facility of constitutional changes prove destructive.' — >It is true that evils have arisen from some of the above named circumstan ces ; they must however have become still greater, had the directly opposite course been pursued. Besides, the most serious appre hensions have not been realized. The people, for example, who by frequent elections place those persons at the head of affairs and in public offices in whom they have confidence, have shown no inclination whatever to call extraordinary meetings and inter fere with the course of public business. Although they have also the right to originate such changes of the constitution as they please, still in forty-two years no amendment has been proposed, much less adopted. So peaceful, so steady, so conservative has the young democracy remained; while a thousand changes have taken place in the circumstances that surround them, from which the necessity of alterations in the constitution might have been deduced. With this quiet, this contentment, and this temper ate use of boundless power, contrast the tumult, the discontent, the changes, the extravagant demands, and the senseless refusals with which the history of so many European states has been filled for more than half a century. These public rights and the constitution are poised by an admi nistration which assigns and intrusts to each individual place and person a right of self-government almost entirely without control. An adequate defence against caprice and arbitrary power is found in the principles of private law, criminal law, and the forms of legal proceedings ; all of which are derived from English prece dents, but are carried farther by appropriate adaptations. Every attorney must possess a good moral character, must be a citizen of the United States, and a resident of Ohio for one year. He must have studied law for at least two years, and have undergone an examination before two judges of the supreme court. In every county there are annually chosen from the body of voters 108 persons to serve as jurymen. The grand jury consists of fifteen persons (of whom twelve must agree) ; the petty jury, of twelve persons. In capital cases the accused can challenge twenty-thre^ 354 THE STATE OF OHIO. jurymen. There are cases where the court for sufficient reasons can order a second trial by jury or a second process at law. The punishments are, for : murder in the first degree, . . death. " second degree, . imprisonment for life. manslaughter, 1-10 years imprisonment. bigamy 1-7 '" " perjury, 3-10 " " arson 1-20 " " robbery, 3-15 " " theft, " 1-7 " " forgery, 3-20 " " duelling* 1-10 " « counterfeiting, 3-15 " " adultery, imprisonment not over 30 days and $200 fine. boxing, imprisonment not over 10 days or . .50 " cruelty fo animals or bull-baiting, .... 100 " cock-fighting, 20 " selling ardent spirits to Indians, . . $25-100 " The following persons are privileged from arrest, except for treason, felony, and breach of the peace : Members of both houses and their officers, duringjhe session ; Voters, during election, Judges, during the session ; Militiamen, while on duty. Divorces are granted for wilful abandonment for three years, or habitual drunkenness, great cruelty, impotence, fraudulent dealing (for instance, feigned pregnancy), and gross neglect of duties. Let us now see how the laws and public institutions thus very briefly set forth have operated, or at least what has taken place under them. In the year 1790, Ohio was not yet a state, and its population was not included in the census. The number of its inhabitants was : in the year 1800, .... 45,000 1810, . . . 230,000 1820, . . . 581,000 1830, . . . 937,000 1840, . . 1,519,000 which number in the year 1844 had risen to 1,784,000, and will soon reach two millions.! Among the population of 1844 there were 764,000 Germans. In the year 1840 there were employed in mining, 704 agriculture, 272,579 * If death ensues, it is punished as murder. f The climate is healthy ; there is one death only in 35 or even in 39 inhabitants. THE STATE OF OHIO. 355 in trade, 9,201 manufactures, 66,265 lake and internal navigation, . 3,535 learned professions, .... 5,663 In all the twenty-six states there are but two that rank higher in agriculture, viz. New York and Virginia ; two in trade, New York and Pennsylvania; three in manufactures, New York, Pennsylvania, and Massachusetts ; and two in the learned pro fessions, New York and Pennsylvania. The militia of Ohio number over 180,000 men. The admission of free negroes and mulattoes into the state is not prohibited; but obstacles are thrown in the way of it, because a mixed white and black popu lation seems far from being desired. Every immigrant of this description must bring a certificate of his freedom, from some American court; because, according to the laws of the general government, fugitive slaves must be given up. One or more citizens of the state must become security for the good behavior of the colored immigrant, and that he will not become a burthen on the poor-rate of any town for his support. A negro cannot acquire the right of voting, and can hold no office ; he cannot serve on a jury, or give testimony against a white person. Hard as this seems on the one hand, still it cannot be denied that it is of the utmost importance to maintain a pure white population, and to oppose the influx of negroes. It is from this cause chiefly that Ohio has got so far in advance of her neighbors* In the same proportion with the number of inhabitants, the amount and value of all sorts of property have increased. Ac cording to the latest estimates, there are in Ohio :! 500,000 horses and mules, 1,500,000 head of neat, cattle, 3,000,000 sheep, 3,000,000 swine. There were gathered in one year : 12,000,000 bushels of coal, valued at .... $720,000 iron, « 1,800,000 salt, " 90,000 stone, « 800,000 Produce of agriculture, 95,400,000 Employed in trade, 13,500,000 the fisheries, 100,000 the forest, 900,000 manufactures (as much as in four Southern states), 20,100,000 *Even Henry Clay acknowledges (Speeches, ii. 125) that Kentucky is half a century behind Ohio. t Hunt's Merchants' Magazine, ii. 123. 356 THE STATE OF OHIO. The construction of canals, highways, and railroads, together with the use of steamboats, has contributed immensely to raise the value of land, and to facilitate intercourse and the sale of the productions of the country. Two canals connect the Ohio with Lake Erie : the eastern runs from Portsmouth to Cleveland ; the western is named, after two rivers, the Miami and Maumee Canal. There are already completed 920 English miles of navi gable canals, 80 miles of railroad, 800 miles of Macadamised roads, besides innumerable side and cross roads. The construc tion of these canals and roads has cost an enormous amount of money, most of which it was necessary to borrow* With each loan provision was made at the same time for the payment of interest and the gradual extinction of the principal, to which the canal and railroad tolls (already amounting to over $400,000) contribute the most. By far the most important and productive taxes are raised from real and personal estate, in which are included landed property, houses, horses, cattle, coaches, capital at interest, &c. ; personal property however, as its amount has to be taken from the state ments presented, oftener escapes than real. A small property to a certain amount is free, and also the land belonging to schools and academies. Church-yards are likewise exempt from taxation, besides two acres for every religious meeting-house. The whole value of taxable property amounts to about 133 millions of dollars. It is boasted that the poor and the small land-owners pay the most punctually ; while the worst payers are the great land-owners, the litigants, and the speculators. Slight taxes are laid on law yers and physicians, on auction-sales, insurance companies, &c. Of the expenditures I will mention in round numbers the fol lowing only : Legislature, $40,000 State Officers, 7,600 Judiciary, 25,000 Lunatic Asylum, 19,000 Deaf and Dumb Asylum, . . 10,000 Institution for the Blind, . . 10,000 Library, 645 Wolf-scalps, 700 State Printer, 18,000 Army, Nothing! Some of these items appear to a European reader very high, and others very low : upon the whole, however, the government and administration are exceedingly economical ; and it deserves com mendation, that more is granted and spent for schools, than for all * The state debt, contracted solely for improvements, amounts to about $18,000,000 ; the interest of which, at 5 and 7 per cent., is punctually paid. THE STATE OF OHIO. 357 the above named objects taken together. Complaints are made in Ohio as well as elsewhere, that many undertakings are rash, badly conducted, and unduly converted to individual profit ; although these evils do not prevail to so great an extent as in many other American states. Moreover, the government and people have never lost their spirit and the feeling of right ; but, with equal good policy and noble sentiment, have imposed new taxes on themselves in order to fulfil all their engagements. The only repudiation, says an official Report for 1843, that we acknowledge, is the stern rejection and condemnation of every public officer who talks of repudiating the just debts of the state. The strict examination and supervision of the banks is entrust ed to a special bank commission. No notes can be issued under five dollars ; and all the debts and liabilities of every sort must not exceed one and a half times the capital of the bank actually paid in. If a bank stop payment, it is closed. The stockhold ers are obliged to pay 12 per cent, interest for the delay, and are never permitted to open another institution of the kind. No town or company is allowed to pursue banking business and issue notes, without the permission of the government. In my Letters I speak of the prisons and benevolent institutions of Columbus, the capital of the state, and add only the following here. The penitentiary is well contrived, and conducted on the Auburn plan of day-labor in common. The proceeds of this labor have in one year exceeded the expenses of the institution by from $16,000 to $21,000. Care is taken to select such occu pations as may interfere as little as possible with the business of other mechanics and manufacturers. The term of imprisonment is from one year to a life-time. The Deaf and Dumb Asylum, and the Institution for the Blind deserve great praise. Pupils are received into them from a shorter period up to five years, and are instructed in a great variety of subjects. Among other employments they are taught basket and mat weaving, brush-making, artificial flower- making, purse-netting, &c. The hours are divided as follows : Instruction, 5 hours Music, 1 " Labor, 3 « Eating, worship, and recreation, 7^ " Sleep, 1\ « 24 In the Deaf and Dumb Asylum, after a few slight motions of the teacher's hand, the pupils wrote correctly, " Frederick von Raumer, Professor of History, from Berlin." In the Asylum for the Blind, boys and girls sang very well some pieces of music in 358 THE STATE OF OHIO. parts and which seemed rather complicated. Even two little Chinese girls (sent here by Gutzlaff) read English fluently with their fingers, and wrote quite legibly. In the admirably conducted Lunatic Asylum under the charge of Mr. Awl, 473 persons have been received in five years ; among them were 248 men, 225 women, 226 unmarried, 203 married, 33 widowers, 11 widows. Of these there were : under 20 years of age 19 between 20 and 30 " 187 " 30 " 40 « 130 " 40 " 50 « 87 " 50 " 60 " 43 " 60 " 70 " 6 " 70 " 80 " 1 Of those persons who had labored under the disease less than a year, there were cured 70 per cent. ; of those who had had it between one and two years, 32 per cent. ; and of those who had been deranged from two to five years, only 12£ per cent. The expenses of recent cases until a cure was effected, averaged $64 ; the cost of maintaining those persons whose derangement was of long standing amounted to $1,414. About three fourths of all the patients were provided for at the public expense. It is thought that as many cases of insanity have their origin in moral as in physical causes. " Domestic troubles" had brought forty women to the Asylum ; but the number of male patients from the same cause was only ten. Many suffered from religious hal lucination ; although it was something doubtful what was the first cause, and how much might have proceeded from subse quent influences and tendencies. Epileptics and those whose insanity grows out of clandestine practices are the most difficult to cure. A mild and at the same time firm demeanor is uniformly maintained, and provision is made for the greatest variety of occupation and amusement. When I reflected on the abomina tions, the noise, and the scandalous practices which I had formerly seen and heard in the Parisian mad-houses for example, — the per fect cleanliness, quiet, regularity, and propriety maintained here among the patients, who are divided into different classes, seemed to me little less than miraculous. None but a man of the remarka ble talents and worth of Mr. Awl could transform the insane, even during the continuance of their disorder, into apparently sensible, well-bred men and women. They have parties ; they read, sing, play, ride, promenade, and dance ; and George III., Washington, and Queen Victoria live together without falling into disputes. Paupers and poor-houses give but little concern to this young state ; since a day's wages are about half as much again as in the Eastern states. Relief however is given to the unmerited THE STATE OF OHIO. 359 distress of poor settlers, and it is permitted to impose a property- tax of one mill on the dollar for this purpose. The church matters of the different sects in Ohio are regulated precisely in the American manner already described. It should be remarked however, and with commendation, that mutual tolera tion is diligently practised, and opposite sentiments on minor points are not suffered to lead to unchristian disputes. The contemplation of the school system is truly gratifying. The constitution long ago embodied this admirable sentiment : " Since religion, morality, and knowledge are essential to good government and to human happiness, schools and means of instruction should be encouraged in such a way as is consistent with freedom of conscience." To schools there are appropriated : 1. The lately well managed proceeds of the school-lands ; 2. From one to half a mill on property and the property-tax ; 3. All receipts from salt-springs, banks, bridges, insurance companies, plays, shows, &c. This income amounts, including some donations of the counties and towns, to 300,000 dollars; to which is to be added the income of some liberally endowed institutions, and the school-money of those who can afford to pay. Persons in narrow circumstances pay nothing for schooling. The former amount is divided among the districts in proportion to the number of youth between four and twenty years of age ; but no limit is hereby imposed on the generosity of individuals. In 1840 the number of Universities and Colleges was ... 18 University students and collegians . . 1,717 Grammar schools 73 Attending members 4,310 Primary schools 5,1 86 Scholars 218,609 Among the higher institutions of learning, Kenyon College, Woodward College, Lane Seminary, the Medical College, Miami University, Ohio University, &c. deserve mention. We also find a considerable number of societies for benevolent and learned purposes, for agriculture, missions, the distribution of the Bible, &c. It is also characteristic of the degree of industrial and mental advancement, that Ohio has 164 newspapers and periodi cals, while Virginia has only 52 ; that one bookseller in six years has printed 650,000 copies of six school-books ; and that, in pro portion to the population, Ohio has as many learned men as France. The census of 1840 gives the state of Ohio already thirteen towns, the smallest of which has 2,000 inhabitants. Two num ber over 6,000 ; and Cincinnati, the first and most remarkable city of the whole West, has 46,338 inhabitants. The possibility 360 THE STATE OF OHIO. of such an increase is certainly owing in the first place to its admi rable site, close by the great, beautifwl, navigable Ohio ; on a spot where the ground gradually rises, so that the terraces and streets lie picturesquely one above the other. The ascent and descent cause no difficulty whatever ; on the contrary, the wide semicir cle of the beautiful and fertile valley admits a constant enlarge ment of the city to the lofty, forest-crowned hill that encloses the whole, and commands a rich and varied prospect over town, river, and country. Cincinnati lies 465 miles from Pittsburgh and the same dis tance from Cairo, being exactly midway in the length of the Ohio. It is 650 miles from New York, and 1,631 from New Orleans ; and its commercial relations extend even beyond those extreme points of the Union. It is also the centre of import and export for Ohio, Indiana, and the neighboring regions. On the 28th of December, 1788, the foundation of the first house was laid in a dense primeval forest; but the builders even then, in a bold spirit of prophecy, marked out on the trunks of trees the course of many streets for a large town. A treaty concluded in 1795 with the neighboring savages, afforded greater security ; yet the place contained in the year 1800 but 750 inha bitants, while in 1840 it numbered 813 tailors alone. Cincinnati had, in the year 1810, . . . 2,500 inhabitants. " 1820, . . . 9,600 » 1830, . . . 24,800 " 1840, . . . 46,338 " In 1844, counting all the adjoining places in the valley which thirty years ago had no existence, it possessed 80,000 inhabitants, and among them 17,000 Germans ! The ground on which Cin cinnati stands was sold to the first occupant for about $35, but is now worth millions ; a few square feet now cost more than the whole wide plain did then. In the year 1840 (and so every year) 406 new houses were built In the year 1840, its inhabitants numbered : cabinet-makers, "84 blacksmiths, 294 workers in metals, 208 saddlers and tanners, 228 shoemakers, 652 pork-butchers, 157 pork-packers, 1,220 tailors, 831 women employed in the making and sale of cloth ing (for Cincinnati and its environs), about 4,000 Among those too who are engaged in more intellectual pursuits, THE STATE OF OHIO. 361 we find physicians, surgeons, surgical and mathematical instru ment-makers, painters, stone-engravers, wood-carvers, Daguerre- otypers, portrait-painters, piano-forte-makers, printers, booksellers, &c. Twenty-nine newspapers and periodicals are published in Cincinnati, six of which are in German. The capital invested in manufactures was estimated even in 1840 at from 14 to 15 millions of dollars ; but no one occupation puts so much money in circulation and employs so many men, as the newly discovered preparation of lard-oil. The breeding of swine in the open country was exceedingly easy, and the number of those animals increased with great rapidity. At length how ever, in spite of the rapid increase of population, the flesh could no longer be consumed in the neighborhood or disposed of at a distance. Then, as in numberless other cases, steam offered its assistance. After the hams are cut off and the entrails taken out, the fat hog is thrown into the steam-vessel. After twelve hours every particle of fat is separated from the refuse, and is employed according to its quality for various purposes, especially for burning, for candle-making, for the preparation of gas, for the use of light-houses, &c. &c. Thirteen factories are occupied in this business in Cincinnati; one of which furnishes annu ally 750,000 pounds of oil and stearine, of which also two thirds may be used for candles. Between December and February 250,000 swine are slaughtered, which yield over 11£ million pounds of fat. As even travellers have taken offence at these material pursuits, and have expended upon them a great deal of easy wit, it is doubly necessary to show that mind in Cincinnati is not, as Lich- tenberg has it, " smothered in fat." In the first place, the state constitution is essentially democratic ; and if there has sometimes been connected with it a want of ready obedience, the defect has been counterbalanced by far greater benefits. Every person twenty-one years of age, of good character, and one year a resident, is a citizen, with full civil and political rights. The citizens choose every two years a mayor (who must have been for three years a resident of the city), and every year three trustees for each ward, who form the town-coun cil. The entire administration is in their hands ; yet there are cases where the mayor and council must apply to the citizens, who then vote in their ward meetings on the questions submitted, either Aye or No, without discussion, and the collective majority of votes decides. If the question concerns matters that lie beyond the letter of the city charter, or if it is one that will affect posterity (as a purchase, sale, &c), the decision rests not alone with the body of the citizens, but must be ratified by the legislature of the state. 362 THE STATE OF OHIO. The entire administration, taxation, and police are in the hands of the mayor and city council ; not only are their whole proceed ings public, but they are obliged to make a full annual statement to the community. The regulations respecting every branch of the police, as well as for the health and fire department, are com plete and well adapted to the ends proposed. No one is allowed (such at least is the law) to sell ardent spirits to persons under seventeen, and new licenses to retail them in small quantities are not granted. Houses of ill fame are forbidden, as also the run ning of dogs and hogs about the streets, although some of them are still fond of practising the art of self-government As every where in America, the property-tax is by far the most important and productive ; of other minor taxes I will mention only that every dog is taxed at one dollar, and every bitch at three ; formerly this tax was as high as three and ten dollars. The city administration is on the whole very cheap ; the mem bers of the council receive but a trifling compensation, and the mayor gets only 1,000 thalers a year. Among the most expensive, but at the same time the most useful undertakings, is that for supplying the city with spring water. This is raised by machinery thirty feet above the higher and one hundred and fifty above the lower part of the town, conducted through iron tubes in all directions, and used in immense quan tities for the greatest variety of purposes. We find in Cincinnati churches and clergymen in abundance ; for when an increase of them seems necessary, contributions for their establishment and support are never lacking. In conse quence of the correct view which here also prevails, that no democracy can maintain itself in a healthful state without a gene ral and careful education of the people, the greatest interest and activity have been exhibited on behalf of schools. Their chief income is derived from a tax on property, to which are added the school-fees paid by those who can afford them. In every ward there are new and admirably contrived school-houses* where among other things much better provision is made for ventilation than in most German school-rooms and university lecture-halls. The common schools contain four divisions or classes, and teach far more and advance the learners much further than the so-called primary schools ; indeed, if we except the ancient languages, al most the whole college course is given here. All the scholars how ever do not go through the entire course. The pay of the male teachers is from 25 to 45 dollars a month ; that of the female teach ers from 15 to 25 dollars. Each ward chooses annually two trus tees, and the city council chooses seven examiners for three years. * The rapid increase of population creates a necessity for constant additions to the number of schools. THE STATE OF OHIO. 363 The latter examine and the former appoint teachers. These be come members of a society for mutual improvement in the art of teaching, which has spread over the whole state and has com municated its views and experiences in several instructive volumes. The hours were : in summer, from 8 to 12, and from 2 to 5 ; in winter, from 9 to 12, and from 1 to 4 ; but they have been lessened, especially for the smaller children, by recent regulations. Fifteen minutes are allowed between every two hours for recreation. The principal holidays last about four weeks in January, and the same in summer. The number of scholars and the disposition to attend school are steadily increas ing ; although here too some complaints are made of irregular attendance. The current yearly expense for each scholar is reckoned at about seven dollars. Every year there is a regular procession of all the scholars to church, with banners, music, badges, &c. After divine service, the School Report is read. It is asserted that these celebrations have a good effect in increas ing the interest in the cause of schools, in leading to more liberal contributions and payments, &c. Besides the regular examina tions by the usual teachers, others are held after a peculiar and remarkable fashion. The best scholars from the different schools are assembled, and are examined by persons chosen for that especial purpose. This leads to instructive inferences respecting the comparative excellence of the several institutions. All doc trinal theology and all religious controversies are excluded from the schools ; the Bible only is read, but without the commentary of any denomination. With regard to the school-libraries, the Catholic bishop made some complaints; but these, instead of being embittered by obstinate contradiction, were removed by a moderate and judicious concession. The bishop charged parti cularly : First, that many books contained offensive passages. — Answer : The bishop may examine and point out what shall be rejected for the Catholics. Secondly. Catholic children are made to read the Protestant Bible. — Answer : None are required to do so, whenever pa rents or guardians object. Third. There are bad books in the collections. — Answer: No child shall have a book which its parents or guardians deem hurtful. Besides these common schools, there are in Cincinnati private schools, evening schools, Sunday schools, colored schools, col* leges, law schools, medical and theological institutions, indus trial schools connected with exhibitions of the products of indus try, societies for the diffusion of useful knowledge, an academy 364 THE STATE OF OHIO. of fine arts, and another for music and the promotion of a pure and elevated musical taste. As it is impossible to describe all these institutions with exact ness, I may be permitted to dwell somewhat more particularly on a few. In the year 1S29, a theological school, called Lane Seminary, was founded, with three regular professors and a libra rian. Mr. Lane contributed $4,000 ; Mr. White with some others $15,000 ; and Mr .Tappan $20,000 at two different times, making together $40,000! Although Presbyterians are at the head of the institution, students of all denominations are received into the beautiful new building, and are there taken care of on the most reasonable terms. The instruction is wholly gratuitous ; and the course lasts three years, each year from the middle of Septem ber to the middle of June. The excellent library, which is mostly theological, contains 10,000 volumes ; and Prof. Stowe has been despatched to Europe, as a highly competent person, to make large purchases. There is adjoining the institution a large piece of fertile land, which the students themselves culti vate. They devote to this or some other lucrative employment three hours daily ; and some earn by this means as much as $150 a year, or their entire support. The foundation of Woodward College was a large donation of land from Mr. Woodward. It numbers on an average 160 scho lars, of whom about 50 are maintained free of charge. Seven teachers give instruction, during the hours from 9 to 12 and from 1 to 4, in all the usual branches. I attended two lectures on spheri cal trigonometry and the OEdipus of Sophocles, on a spot where the wolves were howling fifty years ago. All political or religious partisanship is strictly prohibited in this institution. An obser vatory has been established by voluntary contributions, and a Ger man telescope purchased for $9,000. Two intelligent persons have been despatched to Germany to examine the school sys tem, &c. &c. The mechanics and young merchants have established fine libraries by voluntary subscription ; and in the first of these insti tutions appropriate lectures are delivered. From the Mechanics' and Apprentices' Library, which in the year 1841 numbered over 2,000 well chosen books, there are weekly loaned to these classes about 400 volumes gratis. The stockholders and contributors choose a certain number of directors annually, who appoint a librarian, and the latter receives $100 from the city treasury. The necessary rules are adopted as to the length of time a book may be kept, the mode of replacing one that is lost, &c. This insti tution, like the district libraries mentioned in another place, has a healthful influence on the diffusion of useful knowledge and the improvement of morals. THE STATE OF OHIO. 365 Equally commendable is the practice adopted in many schools, of the English boys learning German, and the German boys English ; by which means they become masters of two langua ges and of the rich literature of each* I am fully of the opinion, that the mixture of the English and German population (there are 17,000 Germans in Cincinnati alone) in the United States is every where productive of the happiest results. Each of these closely related races communicates to the other what it lacks, or moderates what it has in excess. Thus the excellent newly established German society for reading and mutual improvement is in no degree opposed to English culture, but only prevents our native home treasures from being lost through indolence or forgotten through disuse. Each party offers to the other what it possesses, to double its wealth. Nature and mind form in the Western states of America a rare, I may say, a unique combination ; and among them Ohio takes the lead. Her mission is to examine impartially the great social problems and controversies of the confederate states, to test them fairly, and thus to guide and govern the rest. It may be doubted whether the grand republicanism of the South must not be disturbed by slavery, and whether in the East there may not spring up by the side of the cultivated classes a dangerous city populace (tribus urbana?) ; but in Ohio we see only youth, vigor, health, progress, and improving prospects in all directions. The spirit of nil admirari, exhibited in view of such phenomena, would be only a sign of sheer envy or insensibility !! * " They have far more than realized the expectations of their warmest friends.'7 Fifteenth Annual Report on the Common Schools in Cincinnati, p. 6. t I had the following conversation with a lady : " Has no fair American touched your heart V — " Age is no security against folly ; I have been violently smitten." — " May I ask who the favored one is V — " Her grandfather was born the 19th of April, 1781 ; her mother was a German. In all America there are not thirty, nay, scarcely three women of such beauty, virtue, wisdom, and wealth." — " But you are already married; what will your wife say?" — "She is used to such freaks, and won't say a word against it." — " Have you made known your passion to its object ?" — " Certainly ; and she has distinctly declared that she will not withhold her con sent, whenever I dare proclaim to the world my love and admiration."—" But who is this wonderful lady'!"—" She is the Republic of Ohio." 24 CHAPTER XXXVI. FOREIGN RELATIONS. Relations with Europe — The Indians — Texas— The Oregon Territory — Canada. Before we take once more a summary view of the internal, especially the political relations of the United States, and attempt to exhibit them in their workingsand final results, we must first cast a glance at their external relations. They are undoubtedly in a simpler and consequently in a happier state, than those of nearly all the kingdoms of Europe. First of all, since the time of Washington and Jefferson, it has been a well established and strictly observed principle of the United States, not to become entangled in the labyrinth of European diplomacy and in the misery of its wars ; in no way to transgress the principles of pub lic law and constitutional forms, for the sake of bringing about or preventing particular results ; and to make no offerings on that altar of Moloch — vain military glory.* Accordingly, with the inland powers of Europe the United States cannot come into serious or dangerous collision ; but this will be unavoidable, whenever the European maritime powers shall engage in war, and enforce their old principles which are destructive to all neutral trade. If on the other hand, neutrals in time of war could carry on all sorts of trade under their own flags, undisturbed and free from search, the belligerents would be deprived of a principal means of injuring their opponents and compelling them to sue for peace. The stronger naval power would lose by this means almost the en tire advantage of its superior strength ; while the weaker one would assert and extol for its own benefit the freedom of the seas. The controversies respecting this point are of the utmost consequence during a naval war, but lose all their importance on the recur rence of peace ; consequently they were left wholly unsettled by the Treaty of Ghent. In the event of another European naval war, the belligerents, it is to be hoped, will not again adopt the tyrannical proceedings which prevailed at the time of the French Revolution. Should this however occur, the United States, whose trade has become so immense, could not take refuge in the suicidal expedient of submitting to an embargo or of breaking off * Tyler's Message of 1842. FOREIGN RELATIONS- 367 its trade with both parties; but must oppose that one which declines to enter into reasonable arrangements. There is how ever more reason than ever to hope that the weight and influence -of America will deter other states from injustice, and that the peace of the United States will be permanent, while the powers of Europe, destroy one another after the old accustomed fashion, and fancy that this is the road to real glory.! Let us now see what danger, if any, threatens the United States from their neighbors on the American continent. In the first place, as regards the Indians, who now live beyond the Mis sissippi in close proximity to one another, and are advancing, it is to be hoped, in civilization, it may be asserted that onjthat account they will become more dangerous than before. To this we may •reply, that progress in civilization will make the Indians more peaceful, and prevent the folly of taking up arms against the United States. But should they perchance be seduced to do so by others, they would be more easily and speedily overcome than before, when they were scattered about and difficult to find. If we turn our attention to the new republic of Texas^ we find the most opposite opinions maintained with regard to it. Its violent ^assailants, both in America and in Europe, assert that it owes its -origin to a most unrighteous insurrection, is inhabited by a worth less rabble of every sort, and polluted by the eurse of slavery. What says history ?* The Spaniards founded their claims on the discovery of some points of this large unknown territory ; but ¦for centuries they did absolutely nothing of consequence to acquire a knowledge of it and to settle it, and it was not till quite recent times that the government treated with people who wished to emi grate thither from the United States. Plans of this kind were interrupted by the revolt of Mexico from the mother country, and Texas declared herself ready to enter as a separate state into the new great confederation. This condition was at first accepted, but afterwards declined.; and thus, instead of being governed by a genuine federal constitution, it was alternately the prey of mili tary and priestly tyranny or of wild anarchy. Worthless persons did certainly take advantage of these times of confusion to make •their way into Texas ; but it would be great injustice thus to desig nate all the inhabitants of Texas, or to maintain that the revolt of Mexico from Spain was glorious, but that that of Texas was execrable. A country said to be three times as large as Great Britain and Ireland, and in fact without a master, a perfect res mtllius, had forsooth no right to a separate existence, and was condemned to be an appurtenance of Mexico, or rather of her soldiery, for all time to come ! " Independence," says a thoroughly * Kennedy's Texas, vol. ii. 368 FOREIGN RELATIONS. well informed man, " produced in Mexico ah intoxication of free dom, which caused the people to seek their liberty in the most unbounded licentiousness, their sovereignty in contempt of law and morality and in impunity for crime ; each one thought he had a right to do and to leave undone whatever he saw fit, and not only to utter his opinions, but to carry them out by violence." Mexico has indeed adopted many of the public institutions of the United States, and also a similar constitutional law as far as its letter is concerned ; but through the overpowering influence of the priests or the army, it rarely comes into play ; besides, there is no such thing as an immediate free choice of representatives, and public trials by jury or legal toleration in religious matters are never thought of.* Texas very naturally would not allow its fate to be determined by such a people ; the Saxo-Germanic element of American civi lization came again into conflict with the Romance stock ; and it conquered as it had done before in Canada, Louisiana, and Florida. On the 21st of April, 1S36, the Texans under Houston defeated the Mexican president Santa Anna at San Jacinto, took him prisoner, dispersed his entire army, and captured all his warlike stores. This determined the independence of Texas ; Jackson acknowledged it on the last day of his presidency, and the powers of Europe followed the example. These victors of San Jacinto were far from being a rabble which by accident once shows a warlike spirit, but men who felt the value both of civil order and of public right, and who strove to found a genuine republic. In their Declaration of Independ ence of the 2d of March, 1836, they complain — and justly — that the confederate state of Mexico had changed into ,a military tyranny ; that the power of the soldiery was alone cherished and provided for ; that the free exercise of religion was prohibited ; and the people were ordered to be disarmed, for the purpose of plunging them headlong into Mexican anarchy. On the 17th of March, 1836, the new state adopted a new constitution fashioned after the American model. The President is elected for three years, but is ineligible for the next three. The number of representatives, until the population exceeds 100,000, shall not be under twenty-four or over forty. They are chosen annu ally, and every freeman who is twenty-one years old and has resided in the country six months is entitled to vote. The num ber of senators, also chosen by election for three years, amounts to from one third to one half that of the representatives. Clergy men are excluded from any share in the constitution or adminis tration. Every free father of a family is entitled to a league of land, and every single man to one third of a league. Slavehold- * Miihlenpfordt, i. 372. FOREIGN RELATIONS. 369 ing is permitted, but not the importation of slaves from Africa. Congress cannot manumit slaves without the consent of the owners ; nor can the owners without the consent of Congress, unless the freedmen emigrate. No free negro or colored person is tolerated in Texas without the consent of Congress. Slavery was retained, because most of the colonists held slaves, and the slaveholding portion of the United States favored the new repub lic, while the free northern states declared against it ;* another rea son was the great want of men and capital in the country. With the exception of this dark feature, there are adopted into the constitution of the young republic of Texas all the great principles of American freedom, which in Europe are for the most part rejected or not reduced to practice: such as that all power comes from the people; absolute freedom of the press and of religion ; no search-warrants without the strongest grounds ; trial by jury ; the right to bear arms ; a general militia ; no monopolies or prerogatives ; no right of primogeniture, &c. An ample quantity of land has been appropriated for schools and universities. Bible societies, temperance societies, and Sunday- schools are in operation ; and laws have been passed against gambling and drunkenness. Notwithstanding the universal though vague and unproved charges of the immorality of its inhabitants, Texas has made astonishing progress since its declaration of independence ; and has kept free from the tyranny and anarchy of Mexico, to which shallow theorists and tlie envious would gladly chain her. Many very naturally adopted the conviction, that a union of Texas with the United States would prove equally advantageous to the peace, power, wealth, development, and legal condition of the country. Such a union however was declined, chiefly through the influ ence of the northern half of the confederacy : partly because (in contradiction to the peculiar history of America) the right of the Texans to an independent existence was denied ; and partly be cause the Northerners were offended at the existence of slavery, and were opposed to increasing the number of the slaveholding states of the Union and of the defenders of free trade as opposed to a protective tariff. This refusal of course was ill received in Texas, and caused the inhabitants of that country to consider, whether it was not in fact more advisable for the young republic (which without doubt was gradually gaining strength) to keep itself entirely independent. Every alliance, it was said, limited and confined a state ; while it must be an object to keep their trade entirely free, to avoid the errors of the United States, and to found still more perfect civil institutions. Notwithstanding all the obstacles and grounds of opposition, * Kennedy, ii. 382. 370; FOEEIGN RELATIONS-, in the year 1844 a formal treaty was concluded betweeu the United States and Texaa for its admission into the great Union,, and laid by President Tyler before the Senate for its confirma tion. This gave rise to lively and interesting discussions both in and out of the Senate. I will therefore lay before the reader with the greatest possible brevity the views and reasonings of both parties. The opponents of annexation said, that President Tyler had undertaken the whole matter in order to form a party for himself at the next presidential election ; and that he had conducted it in a manner contrary to the forms of the Constitu tion. It was said that, instead of coming forward with a treaty ready made, and taking Congress and the public by surprise, he should have furnished opportunity by means of a message for con sidering and debating the question, and should have given the people time and opportunity for coming to a well grounded opi nion on this novel and highly important topic. By pursuing this course, it would at once have appeared, that according to the Constitution, there existed no power, no authority whatever, that could decide on the adoption of foreign states into the Union and give consent to the same. Supposing however that Con gress actually possessed such a right of decision, it must still refuse annexation on numberless grounds. It must, do so, in the first place, because Mexico had not relinquished her right to Texas ; and consequently its incorporation into the Union must lead to a war that would be both unjust and dangerous. For though the land force of Mexico might be beaten off, yet at sea: privateers would destroy the American trade ; and the interference of European powers, especially England, could not be avoided. The United States possess already, say the objectors, too much land ; every enlargement of the Union must diminish its strength, embarrass the government, and bring forward new conflicting interests and objects attended with the most injurious results. And after all, we do not even know how much land we are to get ; since the greater part of it (out of which it is proposed to pay the state debts) is already squandered away, and the western! boundary is wholly undetermined. At all events, the United States need no rounding off beyond their present circumference, either for military or for commercial purposes. It is far more natural,, more peaceful, and more salutary, that Texas should remain independent on the South, like Canada on the North. The assertion that Texas would then sink into an English colo ny, is without foundation ; and as to any smuggling that may be carried on there, it is much less extensive and dangerous than that; on the Canadian border. Just as little weight is due to the senti mental declaration, that our American brethren and eountrymere who have emigrated to Texas must be re-admitted, in compliance- FOREIGN RELATIONS. 371 with their prayer, into the great family of the Union. That prayer is the result of sheer necessity ; because the Texans are oppress ed with a load of debt, and a few selfish individuals who have bought cheap would like an opportunity of selling dear. More over, people deserve no support and sympathy who voluntarily forsook their free native land, first subjected themselves to Mexi can tyranny, and then founded a slave state, — thus acting the part of renegades both to their country and their religion !* Were however every other objection and difficulty overcome, an insuperable one still remains. The free states can never con sent that a slave state shall enter the Union, and thus extend the detested " institution ;" that the very existence of the Union shall again be placed in jeopardy; or that at least the equilibrium of its parts, which is already endangered, shall be destroyed. To this the friends of the annexation of Texas reply as follows : President Tyler has only done what was right according to the best of his knowledge and belief ; nay, this performance of his duty has increased the number and zeal of his opponents more than the number of his friends. Neither can it properly be said, that the formation of the treaty took Congress and the people by surprise ; since the principal question has been for years a subject of discussion, and nothing stands in the way of its further consi deration. Moreover, if the general government possesses the power of war and conquest, it must have a still better right to peaceful acquisition ; or in case the Constitution makes no provi sion for this, let the requisite power be given by means of new and absolutely necessary laws. Besides, there is a violent contra diction in the fact, that the purchase of Louisiana was highly applauded, while the annexation of Texas is condemned ; although in the former case the consent of the inhabitants was not even asked, while in the latter they decide without compul sion and on well grounded conviction. That Mexico adheres to her opposition in spite of her weakness, is a folly which has not prevented other countries from acknowledging the independence of Texas ; and from this it necessarily ensues that Texas may decide upon its present and future course without consulting Mexico. Spain waited seventy years before acknowledging the republic of the United Netherlands, and the Pope has never yet assented to the Treaty of Westphalia :— ought such perverse obsti nacy to check the world's advancement? Every one, whose views are not distorted by party prejudice, must see that the acqui sition of Texas is of the greatest advantage for the purposes both of war and peace ; on the other hand the use of an independent power, offended by rejection and courted by England/would be * Cassius M. Clay's Speech. Sedgwick's Pamphlet, &c. 372 FOREIGN RELATIONS. dangerous to our Union. The chief excellence of this Union is that, cutting off all occasion for war and strife, it can extend fur ther and further the domain of legal relations and legal decisions, without detriment to the progress of individuals and states. The Texans are by no means disposed, as some foolish people assert, to make a cowardly and treacherous surrender of their political existence ; but wish to enter into a more extensive, noble, and beneficial confederation ; as was formerly the case in a somewhat similar way with Achaia, Switzerland, Germany, the Netherlands, England and Scotland, &e. Louisiana doubled the size of the Union ; but now only about a seventh would be added. Besides, by means of highways, canals, and steamboats, the several parts are brought in our day nearer together than they ever were before ; thus, although the thirteen states have now become twenty-six, there is no diminution whatever of order, security, and power. The objection, that the American Union will become too unwieldy, would have some weight if the question were of the over-governing and cen tralizing policy of Europe ; but as long as the individual states are undisturbed in their free development, and only matters of general interest and general utility are arranged and settled by Congress (which the European diplomatists and congresses do not arrange and do not settle), there is no material danger of tyrannical combinations or anarchical disputes. All the assertions — which experience has fully refuted — of the injurious consequences of the acquisition of Louisiana, are once more brought forward against the annexation of Texas ; and it is forgotten that Jefferson, Madison, Monroe, Jackson, Clay, John Q,. Adams, &c. advocated the former measure. Jefferson declared that, " the executive and legislature, in seizing the fugitive opportu nity of procuring Louisiana, have done an act beyond the Consti tution, in order to advance the good of their country. They cast behind them metaphysical subtleties, and, in taking upon them selves every responsibility, acted the part of faithful servants."* Acknowledging this, John Quincy Adams remarked in his Eulogy on Madison (p. 69) : " Seizing and profiting by the favorable moment belongs to the most eminent qualities of the statesman ; and if it demands less elevated virtue than the firm ness and prudence that encounter misfortune or the moderation that adorns and ennobles success, it is not less essential to the character of a perfect ruler of mankind." When the acquisition of Florida was objected to, Henry Clay observed : " If you neglect the present favorable moment, if you reject the proffered gift, some other nation will profit by your error, and seize the occasion to plant its foot on your southern boundary." * Tucker's Jefferson, ii. 147. FOREIGN RELATIONS. 373 " I presume," says Clay in another place, " the spectacle will not be presented of questioning, in the House of Representatives, our title to Texas, which has been constantly maintained by the executive for more than fifteen years past, under the several admi nistrations. I am, at the same time, ready and prepared to make out our title, if any one in the house is fearless enough to contro vert it. I am not disposed to disparage Florida; but its intrinsic value is incomparably less than that of Texas. The acquisition of it is certainly a fair object of our policy, and ought never to be lost sight of. It is even a laudable ambition in any chief magis trate, to endeavor to illustrate the epoch of his administration by such an acquisition."* Such are the testimonies of a period when there was more impartiality, and when no party aims were at stake. People were bold enough then to found a right to the territory on a dubious cession ; and now they hesitate to take it as a free gift, because the western boundary is undefined, and a dangerous war is to be feared. Shall the United States be afraid of Mexico, whose army was easily conquered and routed by a handful of Texans ? Shall they stand idly by or blindly lend their aid, while a friendly state is converted into an enemy, and is rendered doubly dangerous, as at length it infallibly will be, by power communicated from abroad ? Brothers, relatives, friends, and countrymen do not reason thus ; and the Americans are brothers, relatives, friends, and countrymen of the Texans. The former, whatever Congress may resolve or prescribe, will be impelled by reason and feeling alike to rush to the latter's assistance on the first alarm of danger ; and thus the annexation of a grateful people will be virtually accomplished, in spite of all opposition. At all events, Texas is entitled to dispose of itself; and no European power has any right to interfere in the matter. As the Americans do not trouble themselves about the acquisitions of other states in other parts of the world, they require that peaceful arrangements in their own neighborhood should not be disturbed by warlike remonstrances. The objections too which are made on the score of slavery are only apparent. For if Texas be not united, nothing whatever is gained for the abolition of slavery, which will continue to exist undisturbed. If, on the contrary, Texas is received into the American Union, the slaves will for many reasons move gradually from the North to the South ; and Kentucky, Maryland, and Vir ginia will shortly be freed from this evil. In fact many oppose the annexation of Texas, because it is without doubt the most effectual and indeed infallible means of undermining the very * Speeches, i. 12; Appendix, i. 12. 374 FOREIGN RELATIONS. existence of slavery. It is no less clear that the Southern rather than the Northern states will lose by the opening of a dangerous competition in cotton and other productions. In case these and similar considerations fail to quiet the Northern states, they should reflect that within the bounds of Texas free states may also be formed, that Wisconsin and Iowa will shortly enter the Union as non -slaveholding states, that Congress has nothing to do with the subject of slavery in the separate states, &c. From the fact, that certain stipulations were entered into at the formation of the Union respecting slavery and its influence on the representa tion, it by no means follows, that the same conditions must be granted on the accession of new states, and that no change or improvement can be permitted. Whether Texas be or be not admitted into the Union, certain it is, that the untiring activity and inherent progressiveness of the Germanic race — which, setting out from the Atlantic, has climbed the Alleghanies and pressed forward to the Ohio, the Mississippi, and the Sabine — will hereafter spread with irresistible force be yond the Rio Grande. Thus the American settlements in Cali fornia are multiplying daily, without heeding the sales made by the impotent Mexican government. " Our confederacy," said Jefferson* long ago, " must be regarded as the nest from which all America, north and south, is to be peopled."! The same holds true of the settlements as far as the Columbia river and the Pacific ocean. That England claims a portion of the Oregon Territory, and also demands access to the sea, is very natural ; and the arrangement of the matter should be made to depend less on a few accidental occurrences that took place in times long back, than on the actual condition and wants of the two countries. To affirm that it can and will be decided by the sword alone, is a rash, nay an impious assertion. If both parties could demean themselves in a friendly and considerate manner respecting the boundaries of Maine and Canada, it will be much easier to pursue a similar line of conduct with regard to the distant territory of Oregon, which still lies in a state of wilderness. Cal houn showed, by the most conclusive course of reasoning, that it would be folly in America to provoke a contest with England at the present time;! because she is decidedly stronger in those * Tucker, i. 210. t Even in the Senate, and before the new elections have taken place, the question of the annexation of Texas has been answered in the affirmative. It is to be hoped that the decision does not come too late, and that the favorable opportunity has not yet passed away. If the United States impose the same conditions with respect to debts, imposts, rights of sovereignty, &c. to which all the members of the great con federacy are subject, there is in this no injustice whatever. The Texans will be obliged to bear much heavier burdens, e. g. for their army, navy, ambassadors, cus tom-house officers, &c, if they do not join the United States. X Speeches, p. 544. FOREIGN RELATIONS. 375 countries both by sea and by land. The rapid advance of the population towards the West however will ultimately incline the balance to the American side : consequently to gain time is to gain all. Moreover, the eastern half of the United States is much to be preferred to the western beyond the Mississippi, in regard to fertility, navigation, and ease of cultivation* The Rocky mountains present incomparably greater obstacles than the Alleghanies ; many streams are not navigable or are des titute of water a great part of the year ; large tracts without wood, fertile soil, or water, remind one of the deserts of Africa ; trees are found for the most part only on the banks of rivers, and on the immense Platte river there are none at all. Lastly, a very large part of the better quality of land has already been assigned to the Indians as their new abode. With the question of the Oregon territory there is closely con nected another : viz. whether a great war between England and the United States is not likely, or rather certain, to occur sooner or later on account of Canada. To this it may be replied : 1st. The entire circumstances and inclinations of the Americans are averse to military conquest. 2dly. So long as the English do not close the St. Lawrence to American trade, but greatly favor it, as by the present corn-laws, the United States have no reason for attempting to get the outlet of that river into their hands. Besides, this has been rendered of less importance by the construction of the Erie canal, and the improved navigation of the Mississippi. 3dly. The idea that England wishes to obtain territory from the Americans by war, is so wild and absurd as to need no refu tation. More worthy of notice is the assertion made by many judicious men, that Canada is a burden to the mother country, causes her useless expense, limits her trade (especially that in lum ber), embarrasses the government, &c— But to this it is answered, that the trade of England with Canada employs far more ships and sailors than that with the United States. It would be a serious misfortune to be deprived of this trade, and with it to lose the excellent school for seamen which it affords, as well as the oppor- # Mr. Greenhow's History of Oregon and California gives a thorough as well as clear and calm statement of all the bearings of this question. That President Polk should distinctly express the American view concerning the Oregon territory, was as natural under the existing circumstances, as that the English should do the same. At the beginning of a controversy, each party believes itself in the right ; yet it can and must be settled by mutual accommodation, to which Mr. Polk's words, un justly kept out of view, expressly point : viz. that "every obligation imposed on the United States with regard to Oregon, by treaty or conventional stipulations, should be sacredly respected." But in consequence of its increasing population, the country has need of civil institutions : it cannot be regarded as without an owner or as sub ject both to English and American dominion. New regulations are indispensably necessary, and consequently will not be long delayed. 376 FOREIGN RELATIONS. tunities for emigration so beneficial to the mother-country. But apart from these and similar reasons, and taking into considera tion the practice of the world and its ideas respecting honor, it is not to be presumed that England will voluntarily relinquish Ca nada or surrender it to another. 4thly. Hence there remains only the most important question of all : viz. whether the Canadians themselves will not demand a separation from England, assert their independence, and annex themselves to the United States. If it be true, as some observ ers assert, that law and order are better maintained in Canada than in the United States, and that every body there is contented, why then there is nothing to fear. The more recent history of Canada however by no means confirms this statement, but goes no further towards it than this, that there are two parties in the country — a French and an English one, which are so nearly balanced as to prevent any harmonious measures. The French in Canada are a cheerful, amiable, and contented race ; they exhibit all the commendable and agreeable qualities ascribed to them in the time of Louis XIV. But they have since undergone no change in morals, views, or occupations ; they are wholly disinclined to every change, every bold undertaking, and all that is called progress : whereas the other inhabitants of Ca nada of the Anglo-Germanic stock exhibit, together with greater seriousness (e. g. with respect to keeping Sunday), a restless striving after new settlements, acquisitions, and pursuits; and though they enjoy less quiet happiness, they surpass their French neighbors in every other respect The task of appeasing and reconciling these two great elements of the population has been a very difficult one for the government. It has never tyrannized over Canada, has removed many grievances, and granted many favors both commercial and pecuniary ; still various complaints and grievances remained behind, of which we will here mention a few. First. The separation of Upper from Lower Canada and the establishment of a twofold government in the year 1791, was designed to secure to each part all that was desired, and to pre vent all unpleasant collision ; but the variety of complicated interests and rights thus produced gave rise to double difficulties and contradictions. Secondly. It was objected that the upper house was appointed by the governor,* and consequently was entirely dependent upon him ; that he, a military officer unacquainted with the peculiar duties of administration, alone appointed the executive council; that the right of suffrage was not distributed in proportion to the *M'Gregor,ii. 357. FOREIGN RELATIONS. 377 population ; that the lower house was allowed no control over the revenues of the crown; and that the established church, compris ing about the one and twentieth part of the population, claimed for itself alone one seventh of the unsold land (about 2,588,000 acres). These and other grievances, which led to an open insur rection, produced in July, 1840, the union of the two Canadas, and the establishment of a new constitution in common for the two. The Legislative Council, appointed by the governor with the Queen's sanction, consists of at least twenty members, who hold their places for life. For the House of Assembly, Upper and Lower Canada choose an equal number of representatives.* A new election takes place every four years. Every member must possess a clear income of five hundred pounds from real estate, &c. Undoubtedly, the constitution (which differs essentially from those of the United States) and the administration (especially the war department) are far more expensive than in the neighboring republic. Whether the Canadians will on that account long for the American system, may for the present be left undecided ; certainly the people of the great republic can never regard the Canadian constitution and administration in the light of a model for them to imitate. Finally, the result is here as often elsewhere exhibited, that two countries whose political condition is very different, may externally make equal progress. Thus Canada had, In the year 1676, . . 8,500 inhabitants 1700,1784,1803, 1830, 15,000 113,000 202,000550,000 of whom by far the greater portion were French and Catholics.! The above condensed view of the relations of the United States to other powers, demonstrates that from no quarter is there any considerable danger to be apprehended. Neither Mexico, nor Canada, nor England can ever take any thing from this great, populous, and freedom loving country, as long as it avoids the dangers of disunion, and remains true to itself. * Raumer's England, iii. 67. t The population of the British possessions in America, in the year 1843, is said to have been, in Lower Canada, 499,000 Prince Edward's Island,- • -34,000 Upper Canada, 506,000 Newfoundland, 81,000 New Brunswick, 130,000 Honduras, 4,000 Nova Scotia, 199,000 CHAPTER XXXVII. CONSTITUTIONAL LAW AND PUBLIC LIFE. Kurope and America — American Political System — New Constitution — The President — Presidential Election — Conventions — Presidents and Kings — Europe and America — Re-election of the President I have already given in Chapter VIII. a summary view of the American Constitution ; but it seemed to me that a consideration of its value and practical working, as well as of public life in general, could not properly be entered upon, until a number of other important topics had first been discussed. But even now that this has been done, the formation of a proper estimate is diffi- eult, leads to repetitions, and can by no means be expected to meet with general acquiescence. For besides that I hold it quite impossible to transplant to Europe much that is excellent in America, my praise of the latter will not please even those who are dissatisfied with their own home. European liberalism is usually no more than a partial principle, directed against the monarchical heads ; while it retains its own peculiar element, which it tends, cherishes, and fondles in every possible way. The military, the officeholders, the clergy, and the learned, regard the circle of their monopolies as too sacred to be invaded ; and are loud in their denunciations of the Americans, for having dese crated all their sanctuaries, declared their gods to be idols, and their faith superstition. Nevertheless, true Americanism consists in this very t&tality of their social, ecclesiastical, and political organization ; and not in this or that particular clause of their constitutions, or in solitary traits of manners and customs. Another ground of false judgments already noticed by me is, that most observers retain the European point of view, and apply every thing to the European standard ; so that of course every thing appears distorted and not reducible to rule. Thus, when the sovereignty of the people is spoken of, they have no idea of a well organized system, such as exists in the United States, but of the popular commotions in some European capitals ; they forget that, if the political forms of America were as defective as they assert, the wise conduct of the American people under a bad con stitution would be doubly deserving of admiration. In rebutting CONSTITUTIONAL LAW AND PUBLIC LIFE. 379 such one-sided imputations, the Americans naturally assert : " It is only in the United States that a genuine representation exists. What we see in the most enlightened states of Europe is but a feeble approximation. The legislative bodies there, though respectable in point of talent, are, properly speaking, but a kind of drags or encumbrances, hung on the machine of monarchy to equalise its motions. A great number of European govern ments are founded only on force (as in Poland, Italy, and Ire land) ; and hence the dread or the impossibility of granting greater freedom. America, on the contrary, seeks no aid from superstition, supports no gainful impostures, and uses none of that disgusting cant with which the old governments varnish over the degradation of the people. When travellers say (and the Quarterly emphatically repeats and enlarges upon it), that all the freedom in America which exceeds the English measure goes only to the profit of the disorderly at the expense of the friends of order, — we can and must ask in reply, Who are the disorderly in America ; or are there here more mobs, paupers, beggars, and grumblers than in England ?"* Another class of observers and critics measure the worth and practical utility of republican institutions by the unfortunate attempts of the French Revolution ; — which is as fair and as proper, as if the character of monarchy were to be estimated by the times of the Roman Emperors. Although some resemblances may be traced between the French and American revolutions, the differences and contrasts are much greater, and the diversity of their origin and progress has led to totally different results. Had the French people before the revolution possessed more rights and greater political experience, fewer abominations would have been practised and tolerated. Much that was new was not true, and vice versa; hence so many contradictions, — such cling ing to antiquated usages, or excessive commendation of novelties. If the American revolution, which produced a really new social existence, is to be designated as a failure, in what respect were the French more successful? What admirable courage was possessed by Jefferson, not to despair at the very time when the frightful experience of France deterred the rest of Europe for many years even from the most needful improvements! He recognised the essential difference between the two nations, dis tinguished the true from the false, use from abuse, and the possi ble from the impossible. That timid historians are frightened out of their wits at par ticular occurrences in modern French history, is quite compre hensible, and may be overlooked or commiserated; but what * Encyclopaedia Americana, art. United States, pp. 452, 454. Hinton, ii. 422. 380 CONSTITUTIONAL LAW there is that is so horrible in American history, it is more difficult to conceive. That human opinions are not to be forced upon man kind as of divine right, has become a prevalent maxim even in Europe. Besides, one might also say that the doctrine of divine right is carried still further and improved upon in America. For not only does the President of the United States place himself under the divine protection, while he is as much divini juris as any European monarch; but every American citizen considers his rights to have as lofty an origin and as solid a foundation as those of a king. But since the Americans have enlarged their rights beyond those of any other people, their duties also rise in pro portion ; and if servility elsewhere often prevails, here pride has to be tamed ; nor must it be forgotten that citizens, as well as kings, nobles, and priests, need a constant spiritual purification of the heart and passions. If we now enter into a closer examination of the American political system, we perceive that this was not an a priori inven tion of a few, but was the result of a preparation of two centuries, and proceeded from the whole body of existing circumstances. In general the deficiencies and advantages, the impediments and the progress of a people, by no means depend on their political forms alone. Thus the republics of South America adopted from their northern neighbors the letter of their constitutions ; but they lacked the necessary preparation, education, sound principles, reli gious toleration, industry, and love of peace: and the result has been civil war, tyranny, and anarchy; to which every one desires to see an end, though few are as yet bold enough to hope for it. The republican principle in the United States has branched out and grown up into something quite different from any constitution in the old or new world. Hence Hamilton arid his party could not carry out their plans for the centralization of power,* the abolition of independent states, the choice of senators and presidents for life, &c. Though the old federal constitution of 1778 was (it might be said, happily) found useless, a great variety of objections were raised against the new draft, the refutation of which was un dertaken with success by the authors of the Federalist. The motive? of fear, hope, selfishness, and jealousy, were all brought more or less into play; and contradictory objections were heaped one upon another. Congress, or the states, would have too many or too few rights ; the president would soon be converted into a tyrant, and the Senate into a wretched oligarchy; while the House of Representatives would produce an unbridled demo cracy.! Even Patrick Henry, one of the most zealous of patriots, * Madison Papers, ii. 905. t Caipenter's Speeches, 1. 137. AND PUBLIC LIFE. 381 exclaimed : " My fear and anxiety are very great, lest America by the adoption of this system, should be plunged into a bottomless abyss !" Experience has already removed all these apprehensions* It is therefore unnecessary to discuss them more fully here ; but it deserves to be recorded with commendation, that with the adop tion of the new Constitution all objections ceased. The common and oft-repeated saying, that a newly made and written Constitution is worth nothing, rests upon one-sided ab stractions and inductions. It was an incalculable gain to the United States that with all due reverence for former improvements in the art of government, plans never before seen or heard of were elevated into laws ; and by committing them to writing and adopting them, a boundary was prescribed to the despotic om nipotence of deliberative and legislative assemblies. For even before the experience acquired by the French Revolution, men knew in America that such assemblies needed control and re straint no less than the people. Of course the definite form thus given to the political system did not preclude numerous ingenious and useful examinations, explanations, and illustrations ; and of these the most important still remain to be communicated. The idea that republican bo dies, without an individual leader, could adequately represent or exercise the executive power, was sufficiently refuted by the first constitution of 1778. Yet many stood in such dread of the pre ponderating influence of every monocracy, that they wished to have three presidents instead of one. But it was evident enough even then, and long before similar experiments among the French, that more evils would be thereby introduced than obvi ated.! With equally good reason the propositions were rejected, to have the president elected for three or seven years by the Senate and House of Representatives. In progress of time many objections were made to the mode (already described) of electing the president. The diversity in the modes of proceeding in the several states should, it was said, be done away with ; the choice should be placed directly in the hands of the people, without an intervening body of elected elec tors; arrchhe people should decide, and not the Congress, in the case of doubtful elections. For now, in voting by states, it is possible that 31 representatives of the smaller states may carry * Niebuhr says (iii. 163) : " The Constitution of the Union is Washington's great est work ; although in contradistinction to the Roman reform, its very development must end in destruction. He wanted Roman elements," &c. To this I reply, that even the Roman development must have led to destruction ; but in America there exist elements of further improvement, which are beyond comparison more varied, grand, and comprehensive, than the Roman. If, notwithstanding, the Americans should still rush to destruction, the fault will be their own and doubly great. t Madison Papers, ii. 763, 766, 790. 25 382 CONSTITUTIONAL LAW out their views in opposition to 182 representatives of the other states. _ Though many announced themselves in favor of these propo sitions, they have never yet been adopted, for very important reasons ; and particularly because an aversion is felt to any change in the Constitution, and because the prescribed forms place great difficulties in the way.* Many, particularly European critics, have not merely objected to details in the manner of choos ing the president, but have rejected it altogether, and in so doing have referred among others to the elections of the Polish kings. The comparison however is wholly unsuitable ; for while these elections were usually in the highest degree objectionable and pro ductive of evil, those of the American presidents have been equal ly moderate and productive of good. It is true, that in a country where unlimited freedom of the press exists, there is never any lack of extravagant party excitement, of newspaper clamor, and newspaper calumny. But these little spots and shades have never obscured the prevailing light. On the contrary, every pre sidential election awakens a universal national feeling throughout America, and an effort to advance to the head of the government him who in truth combines with the greatest personal fitness the most correct views and convictions. On this subject of course all the voters cannot be of the same opinion ; but there is a greater advantage than disadvantage in the fact that the same party has not always been victorious. At no time however has the decision been made by a small minority as in the oligarchical elections of the Polish and Vene tian nobles, the electoral princes of Germany, the cardinals, &c. ; but by the really convinced majority of the entire people. And when the decision has once been made, even the strongest and boldest minority have hitherto submitted quietly and without oppo sition to the laws, in such an admirable manner as is seldom or never found in other elective governments. Intrigues and bribery, which appear so dangerous with a small number of voters and within narrow bounds, are of no importance, and indeed are im possible on a comprehensive scale, among three millions of voters spread over a surface as large as Europe in extent. At any rate, there has been no wealthy man among the American presidents down to the present time ; and the money of their friends would have proved equally ineffectual, supposing they had been willing to employ it for such a purpose. In consideration of the great importance of the presidential election, the question arose, whether it was not advisable, and indeed necessary, to in some way advise and direct the numerous # Annual Register for 1826 ;:Appendix, pp. 120, 130. Do. for 1828, and Jackson's Message, p. 130. AND PUBLIC LIFE. 383 less instructed voters respecting the qualifications of the several candidates. For this purpose the members of Congress formerly met several times and recommended candidates of one or both parties. This practice however was soon denounced as an abuse, which was productive of intrigues and improper influence, and fet tered the independence of the voters. On this account great con ventions have in recent times taken the place of the former caucuses. Each of the existing great parties chooses a number of delegates in every state, and these, several months before the election, assem ble in one or two convenient places, and unite upon the can didates for the presidency and vice-presidency. This nomi nation is immediately afterwards made known to , the people present, and is ratified by them. This proceeding has been insti tuted on the ground, that the twenty-six states of the Union are widely separated, and their inhabitants little known to each other ; so that without a mutual understanding and agreement, the choice would fall on many different candidates, and from this injurious dispersion of their forces only strife and dissatisfaction would ensue. If, on the other hand, the public and well- grounded recommendation of but one candidate for each office be made known throughout all the states and tested for half a year, the united choice must infallibly secure the victory to the best candidate. The first objection that arises to this method is, that the excellent Constitution neither recognises nor prescribes it; conse quently, if not detrimental, it may be regarded as unnecessary. The convention exercises the power of a club, and awakens so many hopes, fears, selfish anxieties, claims for office, &c, that it restricts the freedom of the election proper in November, and indeed makes it appear little more than an after-piece. Those who undertake the nomination have no legitimate right to do so ; and the ratification amounts to nothing more than the applause of an officious multitude. Besides, there is always only one party present. This indeed takes away opportunity and cause for unseemly contentions ; but on the other hand it is destructive of impartiality, promotes the extension of prejudice, and impels to a superficial enthusiasm and blind confidence. Only the rich can travel to and crowd these conventions ; and thus the aristocratic inclinations of the higher classes or demagogues prevail over the natural wishes and resolves of the people. The whigs seem to attach more importance to the conven tions, and to expect more from them, than the democrats. At least they had so many in the course of last summer, accompanied by so much pageantry, and received with so much enthusiasm, that the greater number looked upon their victory as absolutely certain. And yet when the real election came on, they were 384 CONSTITUTIONAL LAW defeated, from causes already pointed out or still.to be developed ; — a proof that the conventions have not so decisive an influence as many hope or fear. Whatever may be thought of the legal form of the presidential election, or of the preparations in reference to it, — there is no unin terrupted series of hereditary or elective sovereigns or popes, who can be compared with the eleven American presidents. Those European advocates of absolute sovereignty, who take such great offence at the agitations attending an American presidential elec tion, should remember that during the time in which those excel lent presidents were peaceably elected, fulfilled worthily the duties of their station, and quietly went out of office, — more than twice as many kings were dethroned and enthroned again, driven out, beheaded, and murdered in Europe : witness Gustavus III. and Gustavus IV., Paul I., Stanislaus Poniatowski, the kings of Portu gal and Naples, Charles, Ferdinand, and Christina of Spain, Louis XVI. and Charles X., Murat, Napoleon and the other Buonapartes ; and so on, down to the Duke of Brunswick, with the wicked sup plements of the murderous attempts on the lives of Louis Philippe, Victoria, and Frederic William IV. What quiet, stability, order, and security prevailed, on the contrary, in republican America! And if disturbances such as took place in Boston, Baltimore, and Philadelphia, are justly to be condemned, we must not forget Manchester, Bristol, Stockholm, St. Petersburg!], Madrid, Rome, Bologna, Naples, Brunswick, Dresden, Munich, Lucerne, — nay, Paris alone can contribute more than is furnished by all America! I now proceed to state and examine the propositions that have been made respecting the future determination of the powers and relations of the president. In the first place, the whigs require that no president shall remain in office longer than four years,* and that the re-election permitted by the Constitution shall be pro hibited in future. In support of this demand, they allege that the possibility of a second election places the president in a false posi tion. Instead, say they, of exerting himself earnestly and solely to promote truth and justice, his views are continually directed to his own personal interests ; he seeks to |gain votes, in all ways, and despises no means, however unworthy, to secure this to him all- important object. Above all, he appoints persons to office or removes them, not according to their deserts, but according to their views and promises relative to the impending second election. These reasons, in my opinion, are far outweighed by those on the other side. In the first place, it is remarkable that the party calling itself conservative, should be disposed to alter an important and maturely considered point in the Constitution ; while the demo- * All the whigs, however, do not vote for diminishing the powers of the president. AND PUBLIC LIFE. 385 crats, accused of being precipitate innovators, are for retaining it. By this alteration, it is certain that the already great mobility of the American government would be immensely increased in a very important particular ; it would be almost impossible to carry out, undisturbed, measures requiring much time and perse verance. There is also no such superabundance of distinguish ed statesmen in America, that for a mere supposition they should be thrust aside and condemned to inactivity. It would be a real loss, and an unseemly restraint upon the freedom of elections, to exclude perhaps the ablest, best informed, and most popular man from the presidential chair. If the voters but do their duty, all the base means the president can possibly resort to, will be without effect or injury. Besides, there is no doubt that the employment of such means would raise up a hundred adversa ries for one partisan ; hence the supposition is far more probable, that the president would not resort to a course so obviously stupid and contemptible, but would by nobler means and a creditable administration, endeavor to gain the votes of his fellow citizens in a second election. Thus acted Washington, Jefferson, Madi son, and Monroe ; whereas no president whom the people did not desire has been able to retain possession of his office beyond four years. Finally, the plan proposed of choosing the president for six years, and making him incapable of a re-election, would still more displease the party in the minority, since they could no longer hope for a victory in four years. In one respect a true republican feeling has been shown both by the voters and the chief magistrates, to wit, that advantage has never been taken of the legal permission to elect the same person for a third or fourth term. Another important object of the whigs, is to restrict the presi dent's veto, or rather abolish it altogether. Here again we unex pectedly find that the conservatives are in favor of altering the Constitution, while the democrats take it and its monarchical element under their protection. It may be asserted indeed, that the change would be conservative in a higher sense, and that the maintenance of the power has ultimately a destructive tendency ; but these assertions want proof. The vexation of the whigs at seeing their plans with regard to the banks and the division of the land-proceeds checked by the veto of President Tyler, moved even the heads of the party (as Clay and John Quincy Adams) to declarations which they would certainly not have approved of after impartial consideration, or if the veto had turned out in favor of their doctrines. " The veto power," says Adams for example, " is at variance with our democratic Constitution, and makes the will of one man equal to the will of two thirds of the people." These words agree with the now happily exploded 386 CONSTITUTIONAL LAW doctrines of the French Jacobins ; who without deeper know ledge, and without guiding principles, paid idolatrous worship to mere unknown quantities. To them the King was but a worth less unit, opposed to the incalculable importance of 24,999,999 other Frenchmen. The American Constitution is no dull and level democracy without distinctiveness or character of its own ; indeed its greatest excellence consists in the fact that it has attained a high and hitherto unprecedented individuality. If that doctrine is sufficient to cast down the President of the United States from his high place, and reduce him to a simple unit, it follows that the Senate cannot be saved, but must likewise be condemned lo death ; nay, the Constitution itself, deprived of its symmetry and equilibrium, must fall to utter ruin. The veto is one of the strongest supports of freedom and order against the partiality, passion, and precipitancy of legislative assemblies. It was adopted unanimously, after serious debate, in 1787 ; and has never been abused. This is evident from the mere fact that ten presidents in fifty-seven years have made use of it only twenty times.* Eight of the cases were so unim portant, that they attracted no attention ; one was on the reduc tion of the army under Washington, one on land distribution, four on banks, and six on internal plans and improvements. This prerogative is naturally exercised with reluctance by the chief magistrate ; since, instead of going along with the majority of the senators and representatives, he is obliged to oppose them. But not to allow a veto against a majority, is to give it up alto>- gether, and to degrade the president from being a co-ordinate branch of the legislature into a mere executive and subservient officer. Finally, the veto power is not dangerous ; since it restrains for a short time only, involves an appeal to the people, and is ratified or rejected at the next election. It has never yet happened that two thirds of the Congress have united to over throw a veto ;! and it has almost always been sustained by the majority of the public. If we compare the power of a president of the United States with that of a king of England, the former falls far short of the latter ; and we find that the monarchical ingredient, the. weight of an individual, is in America much less. The president occupies the position to which he is raised by election but for a few years, and is never wholly independent of party wishes and objects. He has no absolute veto, no influence in the formation and appointment of the two houses, no right to dissolve them, no * Calhoun's Speeches, p. 484. Buchanan's Speech on the Veto. According to Mason (p. 109), it has been exercised only nineteen times : twice by Washington, our times by Madison, once by Monroe, ten times by Jackson, and twice by Tyler. t Encyclop . Americana, art. Congress. AND PUBLIC LIFE. 387 exclusive right of appointing to office, and, notwithstanding courtly language, has no power over the army and finances. His ministers have neither seats nor votes in Congress ; he remains subject to the ordinary laws; and is so badly paid, that his income is scarcely sufficient for the commonest expenses. And if a solemn impeachment could not have much success, Con gress can pass resolutions — and has done so — conveying official censures and admonitions to the president ; nay, he is daily criti cised in Congress by every member, according to his will and pleasure. When we consider all this, and how whole series of propo sitions from the president are rejected by Congress, and that he can never accomplish a re-election by his own influence ; may we not doubt whether the letter of the Constitution does not grant him too little power? Certainly the history of the United States shows that the real power of the president depends as much on his strength of character, on his popularity or unpopu larity, and on the moderation or ultraism of parties, as on the rights conceded to him by the letter of the Constitution. Hence, although . the whigs boast that, " resistance to the executive power is their fixed and highest principle ;" it is impossible that such an abstract rule, which does not regard the circumstances in question, can always conduct to the right end, — it cannot be equally suitable under Jackson and under Tyler. Clay exclaim ed under the latter's administration, " There is but one power, but one will in the state ; all is concentrated in the president :"* but this rhetorical exaggeration has been refuted by every day's experience. If Jackson really claimed the executive power to the English extent, and regarded himself as the especial and immediate repre sentative of the American people, Webster had good cause to oppose him. But the latter went too far, when he maintained that in a true republican government, principles should be every thing, and men nothing-! Such an anatomical dissection and dismemberment dispenses with all vitality, and only belongs to what is dead and extinct. Nothing in the whole history of the world has been represented as more unchangeable and defended with greater pertinacity, than the principles of the Catholic hierar chy ; yet how much in the application of them depended on the personal character of the popes ! Principles and personal quali ties, law and liberty, preservation and modification, rules and exceptions, all belong to one another ; and he who honors and sanctions only one half of them, and rejects the rest, has set up a very imperfect object of veneration. Principles, without their * Speeches, ii. 427. f Speeches, ii. 401. 388 CONSTITUTIONAL LAW living control and application by persons, and persons acting according to arbitrary will without regard to principles, are both mischievous ; and it is greatly to their honor, that the Americans have not consented to tear asunder this body and soul of their Constitution and their history. They have always associated worthy men with their noble form of government; and thus have never lighted on the same barren soil as other nations, who have hoped for every thing by turns from persons or from principles, and thus very naturally have always been deceived in their expectations. It is nowhere more plainly seen how principles and persons act upon one another, than in the administration, or still better, in the appointments to and removals from office. Where the Con stitution is concerned, public officers are every where elected (thus senators, representatives," governors, presidents, and gene rals) ; but as regards the administration, they are usually appoint ed, namely by the president, the president and Senate, or the ministers. If we cast aside general questions concerning appoint ment] and election, still the attention will very naturally be direct ed to two important points. First, on various grounds the num ber of office-holders has been gradually increased, and in an equal degree the influence of the president by whom they are appoint ed.* Secondly, serious doubts have arisen as to how far the right of the. executive should extend in removing or dismissing the appointed officers. In the United States nothing is more carefully shunned than the over-government which characterizes Europe ; yet there also loud complaints have been made respect ing this perversity, and the excessive increase in the number of officials.! Nayj many propositions (for example the Sub- Teasury Bill and undertakings proposed to be conducted by the government) were opposed chiefly because they involved the appointment of a number of office-holders by the executive. The small salaries usually allowed do not prevent office-hunting; as there are every where needy persons to whom the smallest cer tain income is welcome, and ambitious individuals hope by means of office to enhance their political importance. It is certainly a subject of grave censure, that in making ap pointments to office, less attention should be paid to the fitness or ability of candidates, than to their political party standing ; and that — after innumerable appointments' of one color have been made — as soon as another party gains the day, innumerable removals should take place. Thus the election of a president is to many but a means of keeping their places ; and to those who are eager for office, a means of driving others out. Jackson was certainly * Some think that this is a beneficial increase of the presidential power, just as in England strength has been added to the crown by similar means. t Morton (governor of Massachusetts), message of 18^0. AND PUBLIC LIFE. 389 right in saying that a numerous class of office-holders appointed for life was unrepublican ;* and that more is lost by a very long term of office, than is gained by greater experience and practice. But as a term may be injuriously long, it may also be injuriously short; and it is perfectly clear that the United States have more dangers to fear from too frequent than from too unfrequent changes of officers and judges. To these legitimate abridgments of the duration of office are added arbitrary removals. At least it is asserted that before Jackson's presidency, only seventy-three officials were removed in the course of forty years, and those mostly on account of in competency or of faults committed; whereas he removed a count less number, and exercised a reprehensible influence over the rest. It is assuredly no sign of a sound and safe administration, when officials are appointed or removed in crowds without any reason assigned ; and it was natural for many well-intentioned persons to require that the causes of removal should be fixed by law, and that greater influence should be allowed (as in making the ap pointments) to the Senate. To this it has been objected, that officers entirely irremoveable, or who could be dismissed only by a regular judicial decision, might offer resistance to a shifting president, such a one being in general exceedingly intent upon some new and definite line of policy. From this would spring opposition, insubordination, and even an entire stoppage of the administration. At any rate, the discussions on this subject have suggested to the president a mo derate exercise of his powers, and to Congress that they should allow him considerable latitude in this respect. President Tyler, in his message of 1841, unfolded the evil consequences that arise, when party objects and political views co-operate in the removal of office-holders. He candidly offered his concurrence in regu lating and restraining by law his power of removal. The preceding discussions have reference to defects that origi nate in the highest quarters ; but Clay's severe remarks point to still greater dangers which exhibit themselves elsewhere.! He says : " It is an equally undeniable and lamentable fact, that the highest and lowest offices, which according to theory are the gift of the people, are often the prize of skilful political gamesters, * American Quarterly Review, xvi. 255. t There is an erroneous opinion still prevalent in|fmany countries, that the office-holders are the sole possessors of administrative wisdom, and the only sup porters of a government. Their knowledge is in general greater, their exertions more efficient and successful, than those of persons not in office ; but all these ad vantages are capable of being converted into evil. A state verges on dissolution as soon as the common sense and intelligence of the nation at large separate them selves from the system adopted by the administration, and it is thus deprived of its most important support, the general enthusiasm, or at least the general satisfaction of the people. 390 CONSTITUTIONAL LAW whose want of principle, and cleverness in intrigue, serve as in struments of their selfish ambition." However just these complaints may be, and however worthy of consideration, the unprejudiced observer must come to the conclusion, that the appointments and elections in the United States, taken all in all, have hitherto promoted in an admirable manner the good of the Union, of the states, and of the commu nity ; and that if the one or the other party by turns display the dark side or manifest discontent, it must be remembered that the elections and appointments of unlimited sovereigns often give satisfaction to nobody. The messages of the presidents and the reports of the minis ters appointed by them, contain exceedingly instructive exhibitions both of the leading principles and the details of the government. Nowhere are there fewer state secrets ; every thing, with the excep tion only of some pending negotiations with foreign powers, is laid without the slightest reservation before the people. Neither the president nor his ministers appear personally in Congress. It is said in favor of this regulation, as respects the latter, that in America the personal influence of the ministers in the Senate and House of Representatives, would alter their position with regard to the president, and place him yet further in the background. The president is responsible for the general ten dency and for every great measure of his government, but not for every single act of the ministers. These are not mere secretaries of the president, nor entirely independent of him ; a distinction is made as to whether they act as officers of state, or perform a duty in which individuals are lawfully interested.* The propo sition of some of the whigs, to make the treasury quite indepen dent of the president, and subject it to the exclusive control of the Senate,! grew out of party excitement merely, and is at variance with the whole sense and spirit of the administration. So long as he was vice-president who received the next great est number of votes, the defeated party had some consolation ; but the two conflicting elements were thereby brought into close contact. The new arrangement (by which the election of vice- president is entirely independent of that of the president) brings to the helm of government men of the same opinions ; so that in case of the death of the chief magistrate during his term of office, his place is filled by a successor of similar views. The question as to whether the legislative power should be com mitted to one or two Houses, was easily decided by the Americans according to the experience already acquired: they declared in favor of two, while the French afterwards, from abstract reasons, * Marshall's Writings, p. 14. t Clay's Speeches, ii. 204, 437. AND PUBLIC LIFE. 391 made a threefold and each time unfortunate experiment with one. Since moreover there existed neither a dominant church nor a pri vileged nobility, one of the houses could not be formed from those elements. It never occurred to the practical men of that time, to regard these elements as indispensably necessary ; nor did they think of creating artificially what had grown up naturally else where. Hence it has been objected, that there is needed a steady, per manent body retaining their seats for life, — an able upper house to form a dignified counterpoise to the more democratic lower house. But in fact, as we shall see hereafter, all that was possible was done to create such a counterpoise, so far as it was useful and requi site. One point too has almost always been overlooked ; and that is, Who constitute the true, noble, and never dying peerage ? Doubtless the individual states themselves, who always through their senators exert a more or less active influence. A question far more difficult and more strongly contested than the above, was, whether in the Senate each state, the larger as well as the smaller, should be equally represented ? Such an equality seemed to many equally unnatural and unjust ; nevertheless it was at length by a wise foresight decided in the affirmative ;* and thus right and might were admirably reconciled and harmonized. If one or the other had prevailed in both houses, a powerful and destructive opposition could hardly have been ^averted. The unequal power of the states decides in the House of Repre sentatives ; the equal right of the members of the confederacy, in the Senate : and the joint working of these two principles results in a better ordered action, than if the same principle governed all. The mode of electing the senators gives to the state governments a direct and useful influence, which, on the other hand, is suffi ciently controlled and regulated by the mode of choosing the representatives. No law therefore can now be passed for which a majority of the states have not declared, as well as a majority of the people. The danger lest a minority of the people should prevail in the Senate, has hitherto been obviated by the force of public opinion. If, on the contrary, the number of senators had also been arranged according to power and population, three or four of the larger states would soon have become masters of all the rest. Proposals to place the election of senators, like that of the repre sentatives, directly in the hands of the people, or to allow the state governments only a choice out of several nominees,! have never yet (and justly as it seems) been carried into effect. The Senate likewise has no prerogatives of rank, no exemption from taxes, or other privileges, to defend, — things which in many countries weaken the authority of the upper house, or render it unpopular. * This motion was first made_by Mr. Ellsworth. t Madison's Papers, ii. 756. 392 CONSTITUTIONAL LAW The political principles followed in the formation of the House of Representatives in America, differ so materially from those gene rally held to be unquestionable in Europe, that it seems necessary to adduce and examine some of them in detail. In the first place, it is made a subject of complaint, that the clergy are excluded from both houses (as they are from most civil offices), and that the character of the representation is not sufficiently religious* In reply to this it may be observed in general, that the clergy fulfil their vocation in a purer, more undisturbed, and more effectual manner, when they keep aloof from worldly busi ness and political movements. But in the United States, where so many creeds subsist together, every preference, every test-oath, every mingling in party politics to promote certain dogmatic principles and objects, would be altogether productive of evil ; it would be opening a Pandora's box, out of which no genuine Christianity, but deviltries of all sorts would arise. Other questions which pertain here were more difficult of solu tion : as, whether the number of representatives allowed to each state should be fixed according to the population, or directly according to the taxation. The latter course appears impractica ble ; because there is in the United States no universal direct mode of taxation, no uniform measure for the taxes of the gene ral government or the very different internal duties levied in the twenty-six states. A still more important question was, .whether for the exercise of political rights, particularly those of voting and holding office, a certain amount of property or income should not be required. In almost all other countries and constitutions, this question had long been decided in the affirmative, and had been adhered to in practice with more or less strictness. It is only in the United States that (with very few exceptions) all requisitions for pro perty qualification have been gradually given up, or so much reduced, that in reality there exists a universal right of suffrage. All Europeans and some Americans deem this a great misfor tune; though most Americans regard it as a highly important step in the progress of human development. Even the excel lent Chancellor Kent, who is of the former opinion, remarks : " If all history be not a lie, there is an inclination in the poor to plunder the rich ; in debtors, to avoid the fulfilment of their con tracts ; in the majority, to tyrannize over the minority and trample their rights under foot ; in the idle and dissolute, to cast upon the industrious the whole burden of the civil community ; and in the ambitious, to kindle these combustible materials into a flame." These remarks can with equal truth be reversed : If all history be not a lie, there is an inclination in the rich to oppress the poor ; * Reed, i. 23. AND PUBLIC LIFE. 393 in creditors, to be selfish in swelling their demands; in the minority, to trample the rights of the masses under foot ; in idle and dissolute spendthrifts, to throw the burdens of the civil community on the lower laboring class ; and in listless egotists, not to concern themselves about the weal or woe of their fellow-citizens. Further arguments might be adduced in favor of the general right of suffrage, without property qualifications. In the United States, where so many sources of gain are at hand, there is no rabble, or (so far as it is found in single maritime towns) it can be controlled and managed by the great number of honest citizens. In any case it would be wrong to alter the whole political system on account of any single local evils whatever, and to treat the great majority of the upright and honest as if they were all dishonest and not fit to be trusted. It is a very common yet untrue supposition, that property (com mon paupers who are a burthen on the public have no vote even in America) offers a certain guaranty for honesty, ability, and patriotism. On the contrary, there is a rabble in all conditions ; and that of the higher class is still more dangerous than that of the lower. And what has been gained by those states who have always paid more regard to what a man has than to what he is ; and have trusted in material mammon, rather than in minds and persons ? According to European notions, he who has nothing is nothing. But where all who possess nothing or but a little are stamped as the rabble, a rabble is created. The Ameri can doctrine, quisquis prcesumitur bonus, and that those who have little may still be something, — educates and elevates men, and gives a spur to exertion and honorable ambition ; whereas the European theory degrades them, and almost entitles them to be wanting in self-respect and to suffer themselves to sink deeper still. Moreover, public life and political education in America by no means limit enthusiasm (as they frequently do in Europe) to the time when an enemy has invaded the country and threat ens it with destruction. It is there preferred that the fire of true patriotism should never go out, but reveal itself daily and hourly in a thousand lesser and greater flames, all ministering to the happiness and comfort of the community. Almost all the eminent and rich assert that their morality is greater than that of the mean and poor ; whereas in truth they are only addicted to, and obliged to struggle with, vices of another sort Nor is superior knowledge of any great conse quence as regards the mere giving of a vote for a well known candidate. The. granting of political rights frees men from exces sive dependence, and gives them both the strength and the disposition to act according to their own convictions. The result has not been more favorable to the true welfare of the ivhole peo- 394 CONSTITUTIONAL LAW pie, where the clergy," the nobility, and the highly taxed alone have been the lawgivers. These monopolists have not shown themselves wiser, less selfish, or of more extended views than the American democracy. When France, with a population of thirty-two millions, num bered, as is said, about 250,000 voters ; and Great Britain, with one of twenty-four millions, numbered 700,000 ; the United States had already two and now probably three millions of voters, in a population of thirteen millions.* These must elevate their regards above merely selfish occupations, to a public life for public objects. American democracy knows and endures no cyphers. Its repre sentatives do not appear on behalf of a small minority, or exert themselves to promote mere private interests (such as sugar-manu factories, forges, and the like), but really express the wishes and views of the majority; so that, even if these should be erroneous, no hostile schism can ever grow up between the people and their legislators. It might be deemed hasty and superficial, to weigh every sort of property in the same balance, and without regard to whether it was inherited, or acquired by skill, industry, accident, or fraud. But since it is as impossible to make a more accurate valuation of property as it is to take the true gauge of the people's mental and moral gifts, and since the peculiar relative importance of the various qualities possessed by men cannot be determined, we find ourselves brought at once to the simple expedient of regarding men in their personal capacity alone. The people are then con servative, and must be so ; because there is nothing to be gained by any political change. With this truth in view, it is said by Morton, the governor of Massachusetts : " To make civil freedom and the right of voting dependent upon the accidents of property and taxation, seems to me incompatible with the natural, essential, and unalienable rights of man. It exalts the secondary above the primary consideration, and shows more regard to the uncertain possessions of this life, than to intellectual and moral responsibility."! Power too is not always a consequence of property : the num ber of persons is often more decisive ; and 100,000 dollars in the hands of one, are not of so much consequence to the state as the same sum in the hands of 100,000 individuals. Those who attribute determining value to property must, to be consistent, increase its political influence with its quantity ; which it must be owned would lead to a moneyed oligarchy of the worst kind. It would be equally difficult to divide the rights of voting, and grant them to all, for instance, only for the election of local magistrates, but * Encycl. Americana, art. United States, p. 452. t Message for 1840, p. 311. AND PUBLIC LIFE. 395 not for that of the president. Democracy places every thing in an equilibrium; while every kind of aristocracy necessarily leads to a preponderance of some sort or other. The universal right of suffrage offers the best security against corruption : inasmuch as the means by which individuals may be seduced, cannot be applied to millions ; and the secret voting by ballot is a protec tion to the weak, although it does not always answer the purpose of concealment* Besides, there are a plenty of other reasons why no rich or eminent persons in America can venture to try the system of intimidation so often practised in Europe. There is in this place another point to be discussed, which in our consideration of the subject of slavery we could only allude to. The Constitution gives to five slaves as many votes as to three freemen ; that is, in determining the number of represen tatives for each state, according to its population, as many are allotted for 50,000 slaves as for 30,000 freemen. This regulation has in later times been vehemently opposed, particularly by many of the New Englanders, who say : If the slaves are men like the whites, they should be allowed their freedom and equal privileges ; if they are merely goods and chattels, no political rights should be granted on their account, — since in the United States it is the person alone that decides, and no regard whatever is had to property. Besides, this privilege was granted only under the supposition that the state taxes would be imposed according to the number of persons, including the slaves ; which, however, has never been done. And thus an improper right continues, while the obligation is no longer thought of. In the slave states 5,935 free voters, and in the free states 10,278 appoint a representative. If only the free voters elected mem bers of Congress according to their number, the slave states would have but sixty-six representatives, instead of eighty-eight. Important as these considerations are, the fundamental condi tions and points of compromise on which the whole Union rests, can hardly be removed without laying the edifice in ruins. But whether the existence of slavery is to be recognised by law in the admission of new states, whether political rights are there to be granted to slaveholders in any numerical proportion on account of their slaves, — is quite another question, and one which the Constitution by no means decidedly answers in the affirmative. The conditions of the admission of new states — that of Texas for example — may be the same as the former ones, or may vary from them. It is certainly a departure from the principles maintained in other respects, to give, to slaves alone rather than to any other species of property an important weight in the political scale. • In Virginia alone there is no balloting. 396 CONSTITUTIONAL LAW The question as to whether the majority of voters may or ought to give instructions to their representatives, has often been raised, but has never been legally decided in the affirmative ; because a strict restraint and obligation laid on delegates destroys the idea of representation, and because the voters are in general sufficiently well acquainted with the views and principles of the persons they elect That the senators and representatives, considering the great diversity of situation and interests among the several states, should be chosen out of these states, appears very natural ; yet they are by no means instructed or obliged, as in some Euro pean confederacies, to represent their own state exclusively, and to set its local interests above the general welfare. As the number of the members of Congress is always regu lated according to the number of souls, it should not be permit ted to increase excessively with the increasing population. Accordingly there were chosen, In 1789, one representative to every 30,000 inhabitants. 1793, " 1813, « 1823, " 1833, " 1843, " « ti (1U (! «a a 33,000 35,000 40,00047,700 70,680* Thus there were, in 1789, 1793, . 65 . 106 representati 1803, . 142 u 1813, . 183 11 1823, . 213 tt 1833, . 242 (1 1843, . 223 i. Democratic as the American institutions are in comparison with the English, the British House of Commons is two and a ha times as numerous as the American House of Representatives. The number of senators for twenty-six states now amounts to fifty-two. The political weight of each state in this upper house always remains unchanged ; whereas it is unequally increased in the lower house, in proportion to the greater or less increase of population.! * If there remain an .overplus of population of more than one half this sum, a representative is chosen for it. t The following are the number of representatives sent by each state : in 1789. at present. in 1789. at present. Alabama,. — 7 South Carolina,. . . 5 7 Arkansas, — 1 Connecticut, 5 4 North Carolina,- •¦ 5. 9 Delaware, 1 1 AND PUBLIC LIFE. 397 Although both the House of Representatives and the Senate were necessarily founded on the principle of election, yet (as we have seen) the form and substance of these elections were not only very different, but every possible means was employed to make of the Senate a more limited, exclusive, aristocratic body. Hence its fewer members and the unvarying number for each state, their greater age, longer residence, and less frequent changes. More recently doubts have arisen, as to whether the delegates to Congress should be appointed by the whole body of voters in a state, or according to certain districts ; and whether Congress had the right to make regulations oil this head. In the Constitu tion (Art. I. Sect. 4) it is said : " The times, places, and manner of holding elections for senators and representatives, shall be pre scribed in each state by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing senators." In virtue of the right thus given, Congress decided that the election in each state should take place by as many districts as it sends representatives. Only four states — New Hampshire, Georgia, Missouri, and Missis sippi — have still adhered to the old method. The gross violations of decorum and order that occasionally take place in Congress, admit of no justification ; but this fault of the passions of individuals directed against individuals, is to be charged to them alone* The great contending parties never suffer themselves to be betrayed into such general improprieties as occur but too frequently in Paris. In Washington by far the greater number have always been distinguished for propriety of demeanor, moderation, and patience. This last virtue in parti cular has been much in requisition ; and ihe complaints that are made of the lengthy and multitudinous speeches in Congress in 1789. at present. in 1789. at present. Georgia, 3 8 Michigan, — 3 New Hampshire, 3 4 Mississippi, — 4 New Jersey, 4 5 Missouri, — 5 Illinois, — 7 Ohio,.*: — 21 Indiana, — 10 Pennsylvania, 8 24 Kentucky, — 10 Rhode Island, 1 2 Louisiana, — 4 Tennessee, — 11 Maine,. — 7 Vermont, — 4 Maryland, 6 6 Virginia, 10 15 Massachusetts, 8 10 New York, 6 34 Total, 65 to about 30,000 in 1789; and 223 to 70,6S0 persons at the present time. Florida, Wisconsin, and Iowa each send a delegate, making 3. * Ira procul absit ; cum qua nihil recte fieri, nihil considerate potest. Rectum est autem, etiam in illis contentionibus quae cum inimicissimis hunt, etiam si nobis indigna audiamus, tamen gravitatem retinere, iracundiamj repellere. — Cicero de Officiis, I. 38. 26 398 CONSTITUTIONAL LAW appear but too well founded, when we compare the shorter time occupied on an average by the English and French speakers, and the smaller number of individuals who in London or Paris undertake to speak at all. But here again it must not be forgot ten, that in Congress not only are two great parties under able leaders opposed to one another ; but the very different and com plicated interests of twenty-six states are to be represented and adjusted. In the House of Representatives interminable speakers are now limited to an hour's duration. Before the aid of law was invoked, a happy thought was now and then employed with good effect1: as for instance, when a tedious orator said to one who impatiently interrupted him, that he was speaking not to him, but to posterity; the other replied, " The gentleman seems in a fair way, before he ends, to have his audience before him."* Tediousness and loss of time ought certainly to be avoided ; but too strict a limitation of the speaker is obnoxious to the stifl greater disadvantage, that the majority may force a decisive vote before a topic has been thoroughly discussed.-f- In any case a speaking, active congress, whose proceedings are fairly before the public, is to be preferred to a silent and inactive one ; moreover, the praise or censure of hearers and readers is a far better restraint upon the speakers, than any attempt to enforce moderation by not naming them (as among the Prussian deputies) ; a mode of proceeding which in fact places the able man and the bungler upon a level", and deprives the voters of all grounds of judgment as to whether they should re-elect or discard them. As regards the relations of the single states to the general government, there is not yet an entire unanimity of views and wishes; but the difference is not as great as formerly, when some would have no federal government at all, and others no states. Jefferson, with great sagacity, foresaw that the political institutions of the country would receive their full development only in case the latter were granted as much independence and power of self-government as possible. How many improve ments, what great public works have been achieved by these latter ; while the undertakings planned by the general government have made comparatively little or no progress-! A just com placency in this spirit of local and provincial enterprise, and this astonishing advancement, has sometimes caused the necessity and utility of the federal government to be too much over looked ; or else an excessive and groundless fear has been # NorthJAmerican Review, li. 111. t Much time is lost by frequent voting; it was calculated that the last Congress consumed 146 hours in this manner. X Long's Expedition to St. Peter's River, i. 26. AND PUBLIC LIFE. 399 entertained that the chosen presidents, senators, and representa tives might easily become the absolute masters of all. Although a strict interpretation of the Constitution has for a long time controlled the extent of congressional powers, and the danger of a one-sided preponderancy lies more on the side of the states than of Congress ; still the latter has far more authority and power (e. g. over the army, the navy, taxation, and legisla tion), — has produced, without over-governing, far more whole some uniform measures for the good of all, — and has preserved more unanimity both internally and externally, than all the assem blies and diets of European confederacies. Thus it guarantees to each state its free constitution; and any arbitrary attempt to undermine or subvert it, would be frustrated by the joint efforts of all. It is equally true that the twenty-six states are really twenty-six states, as that all the Americans form one great people. Even atthe adoption of the Constitution, there came forward neither a formless democracy of all the inhabitants, nor a mere aristocracy of the thirteen states. The people decided in thirteen assemblies, through representatives for thirteen states. These must render obedience as long as Congress keeps within the limits of its rights. At the time of nullification, its course was imprudent, and that of South Carolina dangerous ; and moderation and compromise were found to be the best remedies by far. As Congress has no right to deliberate on the concerns of the individual states, so these are debarred from interfering in the sphere of the general government. A reconciliation of the duties and positions of both, was and continues to be pos sible. Thus John Quincy Adams observes : " Even the most perfect constitution is no security against different interpretations and doubts as to what is the right. But the indissoluble link of union between the people of the several states of this confederated nation is, after all, not in the right, but in the heart."* That the power of the several states must change, and that that of the Western states in particular must increase, cannot admit of doubt. But in this there lies no new or more imminent danger, than when in former times Virginia and Pennsylvania had a preponderating weight. On the contrary, the creation of new states, through the judicious and generous cessions of land already mentioned, is substantial gain. This is evident from their extraordinary advancement, and from the fact that their laws and civil institutions exhibit by no means, as many suppose, mere crude beginnings ; but in judgment, perspicuity, purity of design, and zeal for liberty, surpass or at least equal any others. But (and this question has been answered in the affirmative * Speech on the Jubilee of the Constitution, p. 69. 400 CONSTITUTIONAL LAW by many, with mournful sympathy or malicious joy) will not this increase of the population and of independence, this oppo sition of interests in the several states, together with a thousand other reasons, lead ere long to a complete dissolution of the Union? Quos Deus vult perdere, dementat ! Madness knows no rule, and is blind to the light of truth. There is however no trace of this madness in the United States ; but, with all the diversity of views on subordinate points, one and the same conviction is entertained by all respecting the naturalness, necessity, and usefulness of the federal Union. How enthusiastically Wash ington expressed himself on this subject, in his admirable Fare well Address, I have already shown.* John Adams repeated : " The Union is the rock of our safety and the pledge of our greatness." John Quincy Adams says in his Inaugural Address: " That the policy of our country is peace, and the ark of our sal vation, union, are articles of faith upon which we are all agreed."! Webster exclaims: " The Union has been hitherto the source of our greatness and our renown ; it is the foundation of our highest hopes !"! In such great prophets and in such a long and happy experience, every one willingly puts confidence. It is also very evident, that with the dissolution of the Union, innumerable and grievous evils would rush in and destroy the brightly blooming and still increasing prosperity of the country. Who in such a case could avert all the infirmities and woes that sap as it were the life-springs of Europe : — envy, jealousy, discord, standing armies, custom-house restrictions, augmenting taxes, excises, military debts, foreign interference, civil wars, and constitutions which are despotisms in all but the name. Let us lay aside the obviously foolish supposition that mere madness can demolish the noble structure of the Union ; and let us rather consider the dangers that threaten it in a natural way, or which are designated as most probable, in order that they may be guarded against and avoided. In the first place, the decided preponderance of too large a capital (as Rome and Paris) or an excessive number of poor, has often proved detrimental to the establishment and preservation of true freedom. Such a danger does not exist in America. The larger cities, in which a rabble might gradually be produced, are not even the seats of government in the several states ; and still less likely is it that Washington will ever play a formidable * P. 82 et seqq. t Presidents' Messages, p. 397. X Speech on the Bunker Hill Monument, p. 12. " No man deprecates more than I do, the idea of consolidation ; yet between separation and consolidation, painful as would be the alternative, I would greatly prefer the latter." — Clay, Speeches, i. 61. AND PUBLIC LIFE. 401 part in this respect* The danger of large capital cities grows generally out of centralization and over-governing, from which no country in the world is further removed than America. Secondly. Danger arises from the entire separation and opposi tion of different forces or powers in the government. But the constitutions of the states of America are not grounded at all on such pretended philosophical, but in reality empty and useless abstractions. On the contrary, the different forces of the govern mental machine properly act upon, work into, and restrict one another. Thirdly. No overthrow of the Constitution is to be feared from the president. The mode of his election, the brief duration of his term of office, the absence of a standing army, the impossibility of his expending large sums of money as he pleases, his wholly insig nificant personal property, the example of his great predecessors, the admiration felt for them, the general character of the people, &c. &c, make it plainly impossible for a president, until he has effected an entire overthrow of the existing state of things, to erect himself into a king or a tyrant. What a clamor was raised in this respect against Jefferson and Jackson ; and how insignifi cant it was found to be ! So that, as we have seen, there is much more reason for asking if the president does not possess too little power, than there is for complaining of his inordinate influence. It is true, however, that if the democrats had not combated and overthrown the doctrine of the beneficial effects of gaining large surpluses by means of high duties, and then expending them in alleged improvements, or assigning them to this or that bank, the influence of the executive would have become too great, and that too in a very injurious manner. Fourthly. That the Senate may be able to found an oligarchy, has not occurred to any one ; and such others as may desire to form a dominant power of the wealthier and more distinguish ed, members of the community, will certainly get no further at present than to complaints of the preponderance of the opposite tendency. Where there is no acknowledgment of hereditary prerogatives, and where a constantly recurring division of property takes place, it is hardly possible for a lasting and dangerous aris tocracy to be established. Fifthly. The stronger tendency alluded to is particularly exhi bited in the House of Representatives. But their strength rests not on their own power; on the contrary, it would instantly be changed into weakness, should they venture to come forward in- # It is remarked as a fault, that the representatives at Washington do not enter into society with many cultivated men, but each goes away as he came. Yet too much influence possessed by vthe residents of the place, is more to be feared tfran too Little. 402 CONSTITUTIONAL LAW dependently, and step, without regard to the people, beyond their legitimate sphere. The Constitution must be adminis tered according to its spirit ; and the literal claims of each part of the government must not be pushed to extremes. Should the president interpose his veto or remove functionaries without the most weighty reasons, should the Senate inconsiderately or through party spirit refuse its sanction, or the House of Repre sentatives withhold absolutely necessary supplies, — they all, under the shield of the letter of the Constitution, would destroy its spirit, life, and action. Sixthly. It is certain that the Union is threatened by no sub stantial danger from without ; neither the Indians, nor Mexico, nor Canada, nor Europe, could overcome it. There remains then only one, and the most serious cause of apprehension ; that — Seventhly. The superior power and self-will of the individual states may lead to a dissolution of the Union. However, the dis putes respecting the tariff and nullification have so plainly shown what errors the federal and state governments have to shun, that in case of similar dangers tbey will certainly hasten to bring matters to a proper accommodation. The conflicting aims and interests of the several states, are most frequently adduced as the daily increasing cause of an im pending dissolution of the Union. But here too a closer exami nation would dissipate many apprehensions. Thus, as I have observed, the population, might, and right of the Western states in the valleys of the Ohio, Missouri, and Mississippi, are increas ing at a rate that is recognised as natural by all. Besides, the East has need of the West — and vice versa (e. g. for importation and exportation) ; and it would be very foolish for those who are becoming the stronger to deprive themselves of the aid of the Weaker, — or for the latter, out of pure envy and vexation, to con vert the former into enemies. Neither does the contrast between producing and manufacturing states afford any reason for a sepa ration ; on the contrary, if rightly considered, it will be seen to constitute a ground of union. Their mutual wauts impel them to- each other ; they cannot dispense with one another ; and it would be a sin and a shame attended with the bitterest punishment, if they should continue to- quarrel on subordinate matters, such as import duties, and refuse after the plainest experience to come to an agreement The most important and dangerous difference is that between the North and the South, — not so much in respect to climate and products, as in reference to slavery. But should the North, in ai false enthusiasm for general views, destroy the great Union ; the severance would not only lead to all the evils enumerated, but AND PUBLIC LIFE. 403 would deprive them of all power to interfere for the abolition of slavery. If this interference continues mild and moderate, if the existing difficulties are acknowledged, — the South, on the other hand, will have no reason to rise up in arms against well meant philanthropic theories. They must not forget, too, that times of necessity and peril may come, when their only help may be found in their white brethren of the North. In opposition to the circumstances enumerated, and which seem to have a greater or less tendency to produce a separation, there are others to be adduced which facilitate the maintenance of the Union in all its integrity. Canals, railroads, and steamboats are not merely material, but also spiritual means of connection ; and the constant locomotion of the Americans, and the numerous intermarriages between natives of different sections of the country, work to the same end. Moreover, the entire population of this great Union, in language, sentiments, manners, opinions, and dispositions, are much more homogeneous and accordant than in many European countries, for instance in Russia, Austria, and England. The constitutions do not hold states and individuals aloof from each other, but encircle them with a powerful and salu tary political bond ; and even dogmatic differences, in conse quence of the perfect freedom of religious opinion, have almost lost their decomposing power, and become subordinate to the pre cepts of peace and love. Nothing upon earth remains unchanged during the lapse of centuries. But is the temporal therefore nothing on earth, because it can never be designated as eternal? If time has speedily destroyed the fairest blossoms and the noblest fruits of so many nations, this should afford us less cause for malicious cen sure than for melancholy sympathy and salutary self-knowledge. A contemplation of the American forms and of the changes that have taken place in so many particulars, must lead to the suppo sition that they have been continually tinkering at their Constitu tion also, and have adopted into it one alteration after another. Yet history shows directly the reverse. Almost all the changes pro posed since 1787, have been rejected ; and America is, in com parison with the European states (its movements and progress not withstanding), the most quiet, most steadfast, and most conserva tive of all. And even should important changes become necessary in future, it would be wrong to behold in them nothing but mis chief; such things are mischievous only when men are obstinately bent on retaining what is useless, or heedlessly introduce what is new and untried. The country is fortified against the latter dan ger, by the provisions of the constitution and the character of the people ; and with the weight which democracy possesses, the for mer is little to be feared. 404 CONSTITUTIONAL LAW But here again break forth the loudest remonstrances, the bitterest censures, the most contemptuous scorn. This very democracy is in Europe inconceivable to the learned, a terror to the timorous, unseemly to people of quality, and to the rulers (from kings to secretaries) an abomination. One after another, they join in a rambling fugue to swell the chorus of complaint. " There," say they, " the will of the majority decides ; and the majority are always ignorant, stupid, and passionate, compared with the cultivated minority. Instead of the multitude's looking up to the latter, and submitting to them with reverence ; those of the higher class are compelled to look down, and subject them selves to peasants and tradesmen. These ignorant persons make all sorts of foolish laws, and fancy that they and the like of them are fit to rule and govern. Truly distinguished men are odious to these presumptuous and scarcely middle-rate people ; and above such mediocrity no one can oris permitted to raise himself. He who knows his own value and perceives the wretchedness of this state of things becomes wearied of such doings, withdraws from the contest in disgust, and leaves the decision of affairs to those who should have been excluded even from the debates upon them. Hence weakness of the authorities, insolence, inde.corum, and im punity for crime. Universal suffrage affords no guarantee for good elections ; because flatterers, brawlers, and charlatans are ever most in favor with the multitude. For the highest and noblest pursuits of life — for art, science, refined manners, and intellectual intercourse, democracy has neither sense nor feeling* The diver sity of physical and intellectual power and development is not acknowledged ; and with this murder of individuals, the state also is robbed of its highest strength and vitality. Every one who acknowledges the principles of the Holy Alliance and of the congresses of Laybach and Troppau, will grant that the United States have always been in a state of tumult and anarchy, and are so still."! To these and similar charges and complaints it may be an swered : If universal contentment, untiring activity, and unin terrupted progress, are tokens of sound health, — where do these appear in more vigor and fullness of life than in the United States ? Among so many millions there are scarcely a few peevish individuals who (if it came to the point) would exchange their beloved Constitution for any other whatever. In Europe on the contrary, where do we find this contentment, this love for what is possessed, this enthusiasm for the existing state of things ? Not only is censure expressed secretly or openly, but efforts are directed to its subversion ; and hardly one of the European gov- * This charge has been sufficiently refuted in other places. t "Webster, i. 248. AND PUBLIC LIFE. 40>J ernments is free from a fever of anxiety produced by malcontents who, rightly or otherwise, are seeking to introduce new constitu tions and administrations, or to abolish those that exist From Maine to Louisiana, order and obedience to the laws prevail in America, and that too without military force or compulsion; while solitary exceptions receive their just punishment, without the employment of any disproportionate and over-costly appa ratus. The most momentous elections, the most numerous assemblies go off quietly, without the use of other weapons than words and arguments ; while on the continent of Europe (through the fault both of the rulers and the ruled) nothing even distantly resembling these acts of the people is possible, without the intervention of policemen and soldiers for the preservation of order. If freer England rejoices in undisturbed movements, the military force which she opposes in Ireland to a single man, in order to keep up the ancient oppression of a whole people, exhibits such a crying wrong and a condition so morbid and unhappy, that her writers should be the last to storm and rail against the republics ot America. How many Irish find here the aid and safety which the mother country has always unwisely and cruelly denied!* Of course there are many things that the people do not under stand, and others which they cannot directly carry into effect ; but the Americans have made no claim, as is done for instance by the mob of Paris, to be able to understand and accomplish every thing. On the other hand, there are also many things in comprehensible and unintelligible to the so-called cultivated class ; hence there is no reason for deifying a few individuals, and con demning the masses in a lump. Only in the United States are all suitably represented, and not a single part, as for instance the clergy, the nobility, the rich, the landholders, &c. Politi cal equality in America diminishes all dissatisfaction in regard to other existing inequalities ; whereas in most countries there is no other equality than that of the non-possession of rights, which cannot possibly produce equal satisfaction. In the United States, the majority that always decides in elections is a true one : not so in Germany, France, England, &c. Accordingly, when the governments of these countries are obliged to submit to certain untrue, factious majorities, they often act contrary to the interests of the whole people. It is not true that the Americans never look upwards, refuse to trust in genuine wisdom, and pay less regard to real statesmen than to mere brawlers and charlatans. They know that a demo cracy can only be secured by a general cultivation and enlighten ment of the mind. Nor is there any where so general, efficient, and influential a political education and activity, as in the United * It should be mentioned, and with praise, that a different course has lately been adopted. 406 CONSTITUTIONAL LAW States. Every citizen there lives and breathes from his youth in an atmosphere of political relations, of which we in Europe have scarcely any idea. Democratic institutions by no means keep all in a state of wretched mediocrity ; on the contrary, as history proves, they permit every one, without positive and legal hindrances, to aspire to the highest position ; and more are ena bled to reach it, than where the way is stopped by distinctions of caste and rank together with hereditary or official privileges. Mistakes and errors certainly do occur in the choice of men by and from the body of the people; though it is difficult to per ceive why more able public officers should proceed from legally closed and restricted circles, and why — above all — the class-inte rests of nobles, priests, soldiers, courtiers, and the learned should rule in the best' and most impartial manner. It is false, that in America the rich only are chosen, or that those who were not rich (as Washington, Jefferson, &c.) turned out the worst. There is in the United States neither a mobocracy of the poor, nor an oligarchy of the rich. The people are contented and anti-revo lutionary; for, as I observed, they have nothing to gain by vio lent changes, but every thing to lose. Our political struggles, says in this respect an American writer, are indeed not regulated by the most minute and elaborate etiquette ; nevertheless they are in general harmless, and even profitable* Parties in America are not rudely and unaccommodatingly opposed to one another ; there is no immoveable, irreconcilable minority; but every where we find mobility, transition, and mutual intervention. Nor have the minority ever been deprived of the right to express and propagate their opinions by speaking, by writing, or through the press. The free institutions which there exist have not sprung up from the rank soil of despotism and im morality ; they are not the result of empty declamation, or the fruit of public paroxysms ; they are the slowly ripening, wide spread, rich harvest of sound principles and penetrating sagacity in the people at large. Hence the powerful masses have heretofore often brought back even a wandering Congress to the right path ; have accomplished more in other ways than the boldest ventured to expect; and have given themselves the ablest, noblest, and wisest presidents and magistrates ; — sure tokens of that penetra tion, self-knowledge, and thoughtfulness, which eventually rise superior to all agitation and passion. The questions that disturb Europe in so dangerous a manner, and spread so much discontent (e. g. respecting freedom of the press, public judicial proceedings, the quality and quantity of political rights, the equalization and liberation of all creeds, &c), # American Review, xi. 528. AND PUBLIC LIFE. 407 have long been arranged and settled in the United States.* All this morbid matter is here taken away ; and the state is so strong, its freedom so well grounded, that the setting up and advocacy of every dissentient opinion can be permitted without risk. There has never yet been upon earth a people, in the political sense, that there is in America; and all the evils of democracy taken together have not produced as many woes there, as the single question (which they never hear of) respecting the legiti macy or illegitimacy of sovereigns in England, France, Sweden, Portugal, and Spain. But our perceiving and deploring this, does not make us republicans ; and consequently the materials do not yet exist out of which to form a republic. On the contrary, most of the so-called republicans of Europe forget that a constitution of the kind they contemplate requires every one, whatever may be his pretensions, to practise submission.^ Where all are subjected and kept in leading-strings by the powers that be, no one learns to govern himself. While in America things go forward by a spontaneous energy, and both ability and a free and noble sentiment grow with the possession of individual rights, — in many European countries, fit men can rarely be found for the higher offices of government ; because the youth are changed by passive dependence into dull machines, and their strength is already exhausted, when the time is come for them, not indeed to soar aloft, but to go without crutches. The number of enactments from the higher authorities, of reports from their subordinates, of superfluous officials (from ministers and councillors down to copying-clerks), grows like an avalanche. The practice of interfering in every thing, of prescribing in the most insignificant matters, the want of independence and habits of self-government, produce either discontented or thoughtless and spiritless bondsmen, and introduce in the place of energetic enthusiasm, at best a fruitless carping criticism. Democracy in America is no secondary matter or party mat ter; it is the very being of the nation, as monarchy and aris tocracy have been in other states. In spite of all resistance and of all uneasy feelings, those otherwise disposed are obliged to conform, and, willingly or unwillingly, to praise the system of Jefferson and his friends,, of trusting in the American people and recognising their authority.! Once more, all the conclusions * How many more questions are there respecting servitudes, hunting privileges, &c, which are constantly declared to be sacred and unalterable, by those who promote political revolutions by opposing every reform, and have no idea of how private rights must of necessity be reconciled with political rights, and the welfare of the community 1 t Hence many ambitious liberals are displeased with the comprehensive demo cracy of America, when they become acquainted with it on the spot. X With many other nations his experiment would hardly have succeeded. 408 CONSTITUTIONAL LAW formed respecting America from other democracies and confede rated republics mentioned in history, are insufficient and inap plicable. The United States are something essentially new and peculiar ; and which, on a comparison with former phenomena of the kind, exhibits more differences than similarities. In par ticular, the American system goes far beyond what the ancient world offered or even consented to in constitutional forms. Thus all the so-called democracies of those times were mere oli garchies ; all the so-called state constitutions were nothing more than city constitutions. Thus Hellas prepared its own downfall by incompatible principles, and unceasing internal wars. Thus Rome suffered no freedom beyond her own walls ;* was wholly inclined to war, and never to peace ; and her consuls were as uniformly impelled in this prevailing direction, as the Ame rican president is to render himself conspicuous for his love of peace. Neither Athens, nor Rome, nor Venice, nor Florence, nor Switzerland, nor the Netherlands, granted equal civil rights to the provinces they acquired either by conquest or in any other way ; the United States of North America have been the first to grant in this respect what justice and wisdom demand. Of course in America the democratic elections determine every thing in the end ; but democracy prevails chiefly in the smaller sphere of individual towns. In the next highest degree, the representative system rules, with a president in the place of a monarch ; and in the third place, One federal system, with its inde pendent states united at the same time into one grand whole. It is altogether untrue that in the United States a mere numerical majority every where decides : the position of the President, the institution of the Senate, the provisions with respect to alterations in the Constitution of the Union and of the several states, &c. sufficiently refute this assertion. It is only by associations of various kinds, and through the existence of cities, counties, and states, that democracy and the sovereignty of the people, which were formerly impossible, are now made possible and real. As soon as the people by their elections have provided themselves with a magistracy, they no longer exercise any disturbing influ ence, either by law or by force ; they interfere not in the legislation or in the course of administration, but obey well pleased, or wait quietly till the next election. When this gradation, and the reciprocal effect of democracy, representation, the monarchical element, and the federal system, are properly considered, — nearly all the objections raised against the American constitutions must fall at once to the ground. From that quarter in which the greatest power of a state resides * The later grant of the rights of citizens occurred in times when republican freedom was already at an end. AND PUBLIC LIFE. 409 the greatest danger is also threatened ; and this in America with out doubt is democracy! This can lead from a noble self- respect to vain presumption, and from presumption to an insolent disregard of all law. The greater the privileges and the greater the advancement of a people, the more they have at stake, and the more important do their duties become. The most healthy government can suddenly perish, the most rational may fall into madness, and the most sickly (like that of the Byzantines) may drag on for centuries a miserable existence. May judgment, moderation, self-control, and patriotism exercise in time to come, as in times past, a powerful influence on the politi cal course of America; may every one extend his views beyond the indispensable requirements of private morality, to discern what public morality and public wisdom are, and what they demand; may no rabble, seduced by flatterers into pernicious ways, ever lift up its head ; and may zeal for dogmatic opinions never banish Christian toleration and love! Then the work which has now prospered for sixty years — and whose cause is the cause of honor, virtue, and humanity — will not degenerate or be brought to an untimely end ; but the United States of America will press forward unceasingly, with redoubled spirit and exalted vigor, in the same glorious path which they have hitherto trod ! EXTRACTS LETTERS WRITTEN DURING MY TOUR. Boston, 22d April, 1844. On the first of April we came from London to Manchester ; on the second to Liverpool. Commercial and manufacturing towns of this kind make a strong, and not altogether pleasing, but rather one-sided impression. The noise of the machines in the factories sounded in my ears more unmusical than ever ; and the steam and smoke that obscured the sun, seemed to me, in com parison with, I will not say the Neapolitan, but the Berlin sky, quite intolerable. For eighty-two pounds sterling—which rose on the way to eighty-six — we two obtained permission, on the fourth of April, to go on board the Royal Mail Steam-Packet Acadia. The wea ther was fine, and the number of passengers, all in good spirits, was over a hundred. On the deck there was more stir and bustle than was agreeable; so that some gentlemen and ladies who were promenading up and down could hardly thread their way through. A cheerful dinner enlivened our spirits, while the mon ster of a steam-engine impelled the large and heavily laden ship with ease out into the world of waters. Many of the passen gers doubtless, like myself, cherished aesthetic and sentimental purposes, of watching and admiring the rising and setting of the sun and moon, the brilliancy of the stars, the glories of the heaving sea, &c. &c. But inexorable fate had otherwise deter mined. The wind was strong and against us, and unhappily continued so for the greater part of our voyage. In the night between Maundy Thursday and Good Friday (the 4th and 5th of April) the well known consequences overtook me also ; and I was ashamed to feel no desire nor want but to — ¦ — . Again and again I strove, by dint of thought and will, to raise myself to the dignity of man ; — but in vain ! I remained in " the pene trating sense of my own nothingness," and envied the portman- 412 LETTERS. teaus that stood before me, quiet, unmoved, unmolested, and unrummaged. To make a sea-sick man believe that he is created in the image of God, would be a difficult undertaking. That in this depth of humiliation I by no means repented my plan of an American tour, must be regarded as a sign of firmness of character — or of great obstinacy. My sea-sickness however lasted only about four and twenty hours ; after which I had no relapse, although the sea often ran very high, and I was tossed to and fro in my berth like a bundle of old clothes. But this rendered me all the more conscious of other discomforts. Our little closet, or " cabin," contained two beds about the width of a coffin, placed after the well known fashion one above the other. In front of these beds was our " state-room" according to the elegant plan of the vessel. It might better have bv^ii called our standing-room ; for after one portmanteau had been thrown outside, and the other set on end, there was a narrow space left beside the little wash-table just large enough for one person to stand in. The other must either lie in bed or stay in the door-way. Nay, it was quite impossible to put on pantaloons or boots, without opening the door and thrusting one's leg out into the narrow passage. All these things were far from being " comfortable;" inasmuch as each motion in the pitch ing vessel was ominous of a return of the sea-sickness, and it required a stern resolve, and was indeed a very great exertion, even to draw on a stocking. At last the moaning and groaning, even with those who were longest sea-sick, came to an end ; and I determined to pass away the time as well as I could, in eating and drinking. There was a first and second breakfast, a dinner, a tea, and supper for those who wished it, — enough in all conscience. The quality of the provisions, however, did not by any means compare with the quantity. Notwithstanding all allowances for being at sea, where no great variety at least of fresh provisions can be expect ed, the poverty of the English kitchen, so found fault with by K., was made doubly perceptible ; it was far too heavy for an en feebled stomach, and I was in no condition to enjoy the roast beef and mutton to which I have elsewhere given due honor and praise. The eatables were good in themselves ; but the culinary art had done nothing to produce a variety by preparation, sauces, &c. The pies and tarts labored under the usual defects — under done crust and bad butter. Besides, the food was brought up in two great courses all at once ; so that, excepting the over-pep pered soup, one was obliged to eat almost every thing cold. In drinking too I had no satisfaction: the sweetish ale I cannot LETTERS. 413 relish ; brandy I detest ; and all the wines, even the champagne, were strongly adulterated with spirit. To beguile the period of my compulsory indolence (no dolce far niente, I assure you), I lay in bed as long as possible. You will ask, Why did I not seek more society, and make that my amusement? I reply, The company was too numerous to become closely acquainted with ; and consisted mostly of mer chants and merchants' clerks, whose peculiar tendencies I will not blame, though not of a very interesting character. Be sides, I was not "amusable," but disposed to taciturnity; and felt more inelined to brood over my own. thoughts, than to collect statistic trifles by questioning. I observed that a young German merchant who ventured on a scientific discussion, confounded the " superlative " and the " imperative ;" though he might have been able to show that both often coincide. From thinking in bed, I would fall into dreams, in which the voyage and the motion of the vessel would take a part. In Berlin, for instance, I often fly in my dreams ; but on board the Acadia I dreamt that my feet were turned uppermost, and that I ran about beneath the deck like a fly. Another time, when we were near the coast of America, I found myself in Charon's wherry ; and he asked me, alive as I was, whether I wanted to cross over to the dead, or go back to the living. As I thought of departed parents, brothers, sisters, and friends, I hesitated between conflicting desires ; till at length I awoke, and came to the com mon-place recollection, that I had to sail to America. From morning till night, nay, the whole night through, there was play, play! One man lost all his money, and got into debt besides. One pair began with mutual abuse, threw the cards in each other's faces, gave each other a hearty pommelling, and then — made it all up again ! ! An American captain wished, I know not exactly why, that O'Connell was hanged ; while an Irishman lauded him to the skies. This Irishman, who was about thirty years of age, had already thirteen children ; his mother had twenty-two. People at sea are as eager for novelty as on land. If a few fish poked their heads above water, every one rushed to see the sight ; and still more so, if a ship was perceived in the distance. How was our curiosity excited on the 15th of April, when we saw a ship bring to in order to communicate with us, and send a boat off to our steamer ! Among many conjectures, that one seemed most natural which attributed their conduct to necessity of some kind, and most probably hunger. But when we saw that the sail ors were in excellent condition, and that they had a large seal in the boat, every one was certain they came to sefl the seal. On this business, as some would have if, the strange captain immediately entered into negotiation with ours. How astonished were we all, 27 414 LETTERS. as soon as he was gone, to see the latter put our steamer about, and set off in an easterly direction on the road back to Europe! He had been told, it appeared, that by keeping on our present course, we should infallibly find ourselves surrounded by ice bergs and fields of ice. And sure enough, as we were thus creeping about to avoid the danger, large masses of ice appeared in sight, floating slowly and majestically along, some like vast plains of snow, some in all sorts of fantastic shapes, such, as gigantic animals, stately swans, ships, churches, towns, some times illuminated with the most gorgeous colors, like the ice in the glaciers of Switzerland. I watched them with great delight till it grew dark, and then went to bed, and enjoyed profound repose; though many others, who had lost all courage, would not venture to undress, but kept wandering anxiously about the deck. Two days after, we entered the Newfoundland fog, which gave the timid cause for new alarm. This fog was certainly far less pleasant and poetical than the varicolored icebergs. Our discom forts were manifold : It was too narrow and confined in the stand ing-room, too hot and offensive by the chimney, too crowded and damp in the eating-room, too cold, wet, and stormy upon the deck. We thus tried one place after the other, from morning till evening ; and so the day passed away. On the whole I found it impossible to remain lost in astonishment and admiration at the sea; on the contrary, I became something of an enthusiast in my dislike to it. Of its infinity, nothing need be said ; in view of the smallest magnitudes of astronomy, it is only the negative infinity of monotony and tedium. The most barren tract of land offers beyond comparison more variety and change ; and Thales was quite right in his idea that water may be the origin of all things, since in itself it is nothing. But even granting it to have an existence, the most acute teleologian would be puzzled to tell why to so small 'a portion of land there has been created such an immense quantity of brine. How active and poetical, on the contrary, is the air, or the ether ! From the former, and from light, the water sometimes borrows a few colors ; but the Atlantic itself mostly resembles dirty ink. The air has completely the upper hand of the water : it sets the latter in commotion ; draws it up to itself ; shapes it, by way of pastime, into manifold, parti colored, fantastic clouds ; and then, when wearied with the sport, flings it back in the form of rain, hail, or snow, into the great seeth ing caldron. I may be reminded of Neptune, Amphitrite, the Nereids, and their palaces and feasts. But who can imagine them sitting down there all in the water, while the nasty liquid runs into their poor mouths, noses, and ears, and makes them keep coughing and snorting like whales ? No ; they float lightly above the billows, or have below them their crystal water-proof LETTERS. 415 palaces, which let in air and light, but keep out sea-water and sea-vermin of every sort. On the 19th of April, after an unusually long passage, we came in sight of Nova Scotia. The coast, enclosing the large and secure harbor of Halifax consists of high projecting headlands covered with pines of middling growth, the soil being for the most part stony and barren. The city is built round a hill, on whose summit is a strongly fortified citadel. We walked, some what giddy and staggering from the sea, through the rapidly growing, though not handsome city ; witnessed the ceremony of dissolving the local parliament'; saw the parties of military in every direction, and moreover — what was to me almost a still greater curiosity — two Indian women. Both smoked tobacco; one was frightfully ugly, the other might pass for a human being. To a young yellow-haired Englishman who addressed to her a coarse and silly remark, she very pertinently replied : " Sir, you disgrace yourself, not me." In the warm glow and haze of evening, Halifax and the sur rounding country looked very beautiful ; and thus we first greeted America, under a favorable light. The night of the 19th we sailed for Boston with a fair wind, but on the 20th had very unpleasant weather ; and on the 21st were obliged to lie to half a day, on account of the fog. At length, at noon, we sailed through a number of variously shaped islands into the harbor of Boston; admired the very peculiar situation of the city ; went to the Tre- mont Hotel, where we partook of an excellent meal ; and then, in spite of the bad weather, sallied forth to view the town. I had, I must confess, but little inclination, after so long a sea-voyage, to listen to Rossini's Stabat Mater; still I could not goto bed, at six o'clock. But as I was cogitating on the matter, Professor B., who had already heard of my arrival, made his appearance ; and the evening passed away very agreeably, in most instructive conver sation. So did this morning with Prof. T. I feel, thank heaven, quite well and in good spirits ; and at length, after my long com pulsory idleness, can begin again to be usefully active. Washington, 25th April, 1841. The necessity of speedily reaching the seat of government caused us to fly, as it were, through the four largest cities of North America. This haste does no harm, as we shall return to remain longer; on the contrary, it gives rise to peculiar observa tions and impressions. Scarcely could four such cities be else where passed through in so short a time. Boston, surrounded like Venice with water, and proud of its character and refinement; 416 LETTERS. New York, outstripping all in size and business activity ; Phila delphia, cleanly, beautiful, and cheerful ; and Baltimore, emulat ing New York. In Halifax we saw ice and snow ; in Boston, the first indications of green on the trees; between New York and Philadelphia, still further encroachments of spring upon winter ; between Philadelphia and Baltimore, the rich orchards, particularly the apple-trees, in luxuriant bloom; and here in Washington, at six in the morning, the thermometer at 70°, and no longer a trace of what we saw three days ago. On the whole, the country improves in appearance as one goes further south, without having a character exactly picturesque. In Nova Scotia and Massachusetts, the ground is "stony and by no means remark ably fertile ; further south, it appears generally as at. home in Ger many, or to speak more accurately, in Dessau. But we felt a great difference, when passing over so many deep and navigable streams, and looking down the mighty bays. The view was very fine down the Susquehanna, and still finer up the stream, remind ing one of the Rhine. The scenery was equally varied and charming at Ellicot's Mill, between Baltimore and Washington. Of this last city, and the country around it, too much has been said in dispraise. It gives the impression of a very cheerful, convenient, agreeable watering-place. More of it, when I know more. The custom-house officers gave us not the least trouble on our arrival. We have met with kindness every where. Charleston, 7th May. On the 24th of April we came from Baltimore to Washington, and remained there till the 30th. The plan of that city is cer tainly designed on an immense scale, of which but a small part is executed. It may also be doubted, for many reasons, if it ever will be completed. In proportion however to the extent and prospects of the United States, the size of Berlin, as boldly sketch ed by Frederick William I., was still greater than that of Wash ington ; and yet Berlin is growing in many directions beyond those limits. The most important difference may be, that in the United States the increase of all towns depends on a free com mercial intercourse, and the so-called capital of the country is not the constant residence of a court and a powerful government. The surrounding states are of higher importance than their centre; even as in Germany, Regensburg, Wetzlar, and Frankfort on the Maine were not brought to a rapid growth by the Imperial diet and the meetings of the confederacy. The situation of Washington is favorable ; and the view, particularly from the president's house LETTERS. 417 andTthe capitol, over the Potomac and the extensive wood-girt country around, is very beautiful. It is true, the world of former deeds and recollections which lends such interest to the Roman capitol is wanting : but here we have instead the living present ; and the thoroughly peaceful tendencies of the people will cer tainly never permit the old Roman triumphs to be enacted over conquered nations. The halls for the Senate and House of Representatives are conveniently situated on the two sides of the capitol, and the spa cious circular hall that rises in the middle is adorned with pictures from the early history of the United States. I was particularly attracted by the Signing of the Declaration of Independence, and the countenances of several of the sharers in that act. As yet I have been present but once during the sitting of the Represen tatives, and heard a member make an unimportant speech in favor of high protective duties. The late decision, that no member should be allowed to speak longer than one hour, has certainly put an end to the multitude of interminable speeches ; but the remedy is only an external one, and is not adapted to all subjects or to all persons. Demosthenes, Pitt, and Burke often spoke longer than an hour; and that which is a wholesome and neces sary restraint for inferior natures, is to great spirits an injurious clog. Self-government should be exercised also in this respect. My high esteem for Mr. C. has been fully confirmed by personal acquaintance ; and his Speeches which he has given me with his own marginal notes, will be a treasured token of remem brance. I had already made myself acquainted with them in Berlin. Every one speaks in the highest terms of C.'s morality and excellent character; though some, half in reproach, call him a metaphysician. I am well aware that by this is understood nothing of what has been called so from Aristotle to Schelling. In a like manner the minister Struensee used the word poetry. If he said, " That is poetry," he meant, that is unpractical, impossi ble, empty dreaming. Assuredly C. cherishes none of the whims of unpractical philosophers — least of all that of an exclusive com mercial state, like Fichte. His metaphysics consist essentially in this, that he will not attribute absolute truth and omnipotence to the opinions and crotchets of this or that day ; nay, as the defender of the slave states, he has practically opposed a kind of metaphysics of the north. It is true that scientific cognition, the philosophico-systematic thinking of which the Germans have made such a hobby, are not yet predominant in America to a dangerous extent ; and men of the logical sagacity of Mr. C. are a necessary counterpoise to mere rhetorical talent. Mr. Clay, the whig candidate for the presidency, I also saw in Washington. He is a large man, of cheerful manners, and very \ 418 LETTERS. highly esteemed. He was surrounded with admirers — or rather worshippers, of the, as they imagined, rising sun. He neither could nor would expound his politics in a few minutes ; but I was well pleased to hear the observation, that he had kept his health, by never eating too much or sleeping too liltle. On the 30th April we went by the railroad back to Balti more, to be present at the nomination and ratification of Clay as the presidential candidate in the whig convention. Of the value or worthlessness, the use or abuse of these great assemblies, I speak in connexion in another place ; here a brief sketch of what I myself saw and experienced must suffice. All the hotels, and many of the private houses were filled to overflowing with stran gers ; and it was only through the good offices of Mr. G., our fellow-passenger in the1 Acadia from Bremen, that we 'obtained a night's lodging in the Exchange Hotel. By means of another rich countryman, Mr. L., we obtained on the first of May (a very great and singular favor) admission into the Universalist church, where the delegates of the twenty-six states, chosen by districts, were assembled to consult and unite upon the candidate of the whig party. The business was conducted, as is always the case, with the strict observance of certain forms, whereby order and moderation are secured. Thus a committee of arrangements had been previously appointed for the purpose of distributing the places, erecting a stage, &c. Then there was an election and confirmation of a president, vice-president, and secretaries ; a short and appropriate religious service ; and the reading of a suit able chapter of the Epistle to the Ephesians. When, after this, one of the members proposed that Henry Clay should be nomi nated as the whig candidate for the presidential chair, there was a burst of unanimous and unbounded applause. But before they could proceed to the nomination of the vice-president, there came from the gallery of the church — we sat beloio among the delegates — the most frightful noise and shrieks, as if murder were going on. It was ascertained after some minutes, that a broken window had frightened people into the belief that the gallery was tumbling down. After three ballotings, the majority of votes was found to be in favor of Frelinghuysen for vice-pre sident. It was certainly impossible to behold without interest and admiration, the orderly and at the same time spirited manner in which the delegates of twenty-six free states united in deciding on the man who, according to the best of their knowledge and belief, should be chosen as the head of their common country. In the evening we went to several places where distinguished whigs were addressing the assembled sovereign people in the Ian- LETTERS. 419 guage of their party, and receiving boundless applause — because their adversaries stayed away. On the second of May a vast procession, consisting not of the delegates alone, but also of all others who had come to Baltimore from the twenty-six states, and many citizens besides, moved to an open space near the city. Each division had its own devices, inscriptions, mottoes, allusions,