APPENDIX A.—Page 20.
For information concerning all the countries of the West which have not been visited by Europeans, consult the account of two expeditions undertaken at the expense of congress by Major Long. This traveller particularly mentions, on the subject of the great American desert, that a line may be drawn nearly parallel to the 20th degree of longitude (meridian of Washington), beginning from the Red river and ending at the river Platte. From this imaginary line to the Rocky mountains, which bound the valley of the Mississippi on the west, lie immense plains, which are almost entirely covered with sand, incapable of cultivation, or scattered over with masses of granite. In summer these plains are quite destitute of water, and nothing is to be seen on them but herds of buffaloes and wild horses. Some hordes of Indians are also found there, but in no great number.
Major Long was told that in travelling northward from the river Platte, you find the same desert lying constantly on the left; but he was unable to ascertain the truth of this report. (Long's Expedition, vol. ii. p. 361.)
However worthy of confidence may be the narrative of Major Long, it must be remembered that he only passed through the country of which he speaks, without deviating widely from the line which he had traced out for his journey.
APPENDIX B.—Page 21.
South America, in the regions between the tropics, produces an incredible profusion of climbing-plants, of which the Flora of the Antilles alone presents us with forty different species.
Among the most graceful of these shrubs is the passion-flower, which, according to Descourtiz, grows with such luxuriance in the Antilles, as to climb trees by means of the tendrils with which it is provided, and form moving bowers of rich and elegant festoons, decorated with blue and purple flowers, and fragrant with perfume. (Vol. i., p. 265.)
The mimosa scandens (acacia à grandes gousses) is a creeper of enormous and rapid growth, which climbs from tree to tree, and sometimes covers more than half a league. (Vol. iii., p. 227.)
APPENDIX C—Page 22.
The languages which are spoken by the Indians of America, from the Pole to Cape Horn, are said to be all formed upon the same model, and subject to the same grammatical rules; whence it may fairly be concluded that all the Indian nations sprang from the same stock.
Each tribe of the American continent speaks a different dialect; but the number of languages, properly so called, is very small, a fact which tends to prove that the nations of the New World had not a very remote origin. Moreover, the languages of America have a great degree of regularity; from which it seems probable that the tribes which employ them had not undergone any great revolutions, or been incorporated, voluntary or by constraint, with foreign nations. For it is generally the union of several languages into one which produces grammatical irregularities.
It is not long since the American languages, especially those of the north, first attracted the serious attention of philologists, when the discovery was made that this idiom of a barbarous people was the product of a complicated system of ideas and very learned combinations. These languages were found to be very rich, and great pains had been taken at their formation to render them agreeable to the ear.
The grammatical system of the Americans differs from all others in several points, but especially in the following:—
Some nations in Europe, among others the Germans, have the power of combining at pleasure different expressions, and thus giving a complex sense to certain words. The Indians have given a most surprising extension to this power, so as to arrive at the means of connecting a great number of ideas with a single term. This will be easily understood with the help of an example quoted by Mr. Duponceau, in the Memoirs of the Philosophical Society of America.
“A Delaware woman playing with a cat, or a young dog,” says this writer, “is heard to pronounce the word kuligatschis; which is thus composed: k is the sign of the second person, and signifies ‘thou’ or ‘thy’; uli is a part of the word wulit, which signifies ‘beautiful,’ ‘pretty’; gat is another fragment of the word wichgat, which means ‘paw’; and lastly, schis is a diminutive giving the idea of smallness. Thus is one word the Indian woman has expressed, ‘Thy pretty little paw.’ ”
Take another example of the felicity with which the savages of America, have composed their words. A young man of Delaware is called pilape. This word is formed from pilsit, chaste, innocent; and lenape, man; viz. man in his purity and innocence.
This facility of combining words is most remarkable in the strange formation of their verbs. The most complex action is often expressed by a single verb, which serves to convey all the shades of an idea by the modification of its construction.
Those who may wish to examine more in detail this subject, which I have only glanced at superficially, should read:—
1. The correspondence of Mr. Duponceau and the Rev. Mr. Hecwelder relative to the Indian languages; which is to be found in the first volume of the Memoirs of the Philosophical Society of America, published at Philadelphia, 1819, by Abraham Small; vol. i., pp. 356-464.
2. The grammar of the Delaware or Lenape language by Geiberger, and the preface of Mr. Duponceau. All these are in the same collection, vol. iii.
3. An excellent account of these works, which is at the end of the 6th volume of the American Encyclopaedia.
APPENDIX D.—Page 24.
See in Charlevoix, vol. i., p. 235, the history of the first war which the French inhabitants of Canada carried on, in 1610, against the Iroquois. The latter, armed with bows and arrows, offered a desperate resistance to the French and their allies. Charlevoix is not a great painter, yet he exhibits clearly enough, in this narrative, the contrast between the European manners and those of savages, as well as the different way in which the two races of men understood the sense of honour.
When the French, says he, seized upon the beaver-skins which covered the Indians who had fallen, the Hurons, their allies, were greatly offended at this proceeding; but without hesitation they set to work in their usual manner, inflicting horrid cruelties upon the prisoners, and devouring one of those who had been killed, which made the Frenchmen shudder. The barbarians prided themselves upon a scrupulousness which they were surprised at not finding in our nation; and could not understand that there was less to reprehend in the stripping of dead bodies, than in the devouring of their fiesh like wild beasts.
Charlevoix in another place (vol. i., p. 230) thus describes the first torture of which Champlain was an eyewitness, and the return of the Hurons into their own village.
“Having proceeded about eight leagues,” says he, “our allies halted: and having singled out one of their captives, they reproached him with all the cruelties which he had practised upon the warriors of their nation who had fallen into his hands, and told him that he might expect to be treated in like manner; adding, that if he had any spirit he would prove it by singing. He immediately chanted forth his death-song, and then his war-song, and all the songs he knew, ‘but in a very mournful strain,’ says Champlain, who was not then aware that all savage music has a melancholy character. The tortures which succeeded, accompanied by all the horrors which we shall mention hereafter, terrified the French, who made every effort to put a stop to them, but in vain. The following night one of the Hurons having dreamed that they were pursued, the retreat was changed to a real flight, and the savages never stopped until they were out of the reach of danger.
The moment they perceived the cabins of their own village, they cut themselves long sticks, to which they fastened the scalps which had fallen to their share, and carried them in triumph. At this sight, the women swam to the canoes, where they received the bloody scalps from the hands of their husbands, and tied them round their necks.
The warriors offered one of these horrible trophies to Champlain; they also presented him with some bows and arrows—the only spoils of the Iroquois which they had ventured to seize—entreating him to show them to the king of France.
Champlain lived a whole winter quite alone among these barbarians, without being under any alarm for his person or property.
APPENDIX E.— Page 39.
Although the puritanical strictness which presided over the establishment of the English colonies in America is now much relaxed, remarkable traces of it are still found in their habits and their laws. In 1792, at the very time when the anti-Christian republic of France began its ephemeral existence, the legislative body of Massachusetts promulgated the following law, to compel the citizens to observe the sabbath. We give the preamble and the principal articles of this law, which is worthy of the reader's attention.
“Whereas,” says the legislator, “the observation of the Sunday is an affair of public interest; inasmuch as it produces a necessary suspension of labour, leads men to reflect upon the duties of life and the errors to which human nature is liable, and provides for the public and private worship of God the creator and governor of the universe, and for the performance of such acts of charity as are the ornament and comfort of Christian societies:—
“Whereas, irreligious or light-minded persons, forgetting the duties which the sabbath imposes, and the benefits which these duties confer on society, are known to profane its sanctity, by following their pleasures or their affairs; this way of acting being contrary to their own interest as Christians, and calculated to annoy those who do not follow their example; being also of great injury to society at large, by spreading a taste for dissipation and dissolute manners;—
“Be it enacted and ordained by the governor, council, and representatives convened in general court of assembly, that all and every person and persons shall, on that day, carefully apply themselves to the duties of religion and piety; that no tradesman or laborer shall exercise his ordinary calling, and that no game or recreation shall be used on the Lord's day, upon pain of forfeiting ten shillings;—
“That no one shall travel on that day, or any part thereof, under pain of forfeiting twenty shillings; that no vessel shall leave a harbour of the colony; that no persons shall keep outside the meetinghouse during the time of public worship, or profane the time by playing or talking, on penalty of five shillings.
“Public-houses shall not entertain any other than strangers or lodgers, under a penalty of five shillings for every person found drinking or abiding therein.
“Any person in health who, without sufficient reason, shall omit to worship God in public during three months, shall be condemned to a fine of ten shillings.
“Any person guilty of misbehaviour in a place of public worship shall be fined from five to forty shillings.
“These laws are to be enforced by the tithing-men of each township, who have authority to visit public-houses on the Sunday. The innkeeper who shall refuse them admittance shall be fined forty shillings for such offence.
“The tithing-men are to stop travellers, and to require of them their reason for being on the road on Sunday: any one refusing to answer shall be sentenced to pay a fine not exceeding five pounds sterling. If the reason given by the traveller be not deemed by the tithing-men sufficient, he may bring the traveller before the justice of the peace of the district.” (Law of the 8th March, 1792: General Laws of Massachusetts, vol. i., p. 410.
“On the 11th March, 1797, a new law increased the amount of fines, half
of which was to be given to the informer. (Same collection, vol. ii., p. 525.)
On the 16th February, 1816, a new law confirmed these measures. (Same collection, vol. ii., p. 405.)
Similar enactments exist in the laws of the state of New York, revised in 1827 and 1828. (See Revised Statutes, part i., chapter 20, p. 675.) In these it is declared that no one is allowed on the sabbath to sport, to fish, play at games, or to frequent houses where liquor is sold. No one can travel except in case of necessity.
And this is not the only trace which the religious strictness and austere manners of the first emigrants have left behind them in the American laws. In the revised statutes of the state of New York, vol. i., p. 662, is the following clause:—
“Whoever shall win or lose in the space of twenty-four hours, by gaming or betting, the sum of twenty-five dollars, shall be found guilty of a misdemeanor, and, upon conviction, shall be condemned to pay a fine equal to at least five times the value of the sum lost or won; which will be paid to the inspector of the poor of the township. He that loses twenty-five dollars or more, may bring an action to recover them; and if he neglects to do so, the inspector of the poor may prosecute the winner, and oblige him to pay into the poor's box both the sum he has gained and three times as much beside.”
The laws we quote from are of recent date; but they are unintelligible without going back to the very origin of the colonies. I have no doubt that in our days the penal part of these laws is very rarely applied. Laws preserve their inflexibility long after the manners of a nation have yielded to the influence of time. It is still true, however, that nothing strikes a foreigner on his arrival in America more forcibly than the regard to the sabbath.
There is one, in particular, of the large American cities, in which all social movements begin to be suspended even on Saturday evening. You traverse its streets at the hour at which you expect men in the middle of life to be engaged in business, and young people in pleasure; and you meet with solitude and silence. Not only have all ceased to work, but they appear to have ceased to exist. Neither the movements of industry are heard, nor the accents of joy, nor even the confused murmur which arises from the midst of a great city. Chains are hung across the streets in the neighbourhood of the churches; the half-closed shutters of the houses scarcely admit a ray of sun into the dwellings of the citizens. Now and then you perceive a solitary individual, who glides silently along the deserted streets and lanes.
Next day, at early dawn, the rolling of carriages, the noise of hammers, the cries of the population, begin to make themselves heard again. The city is awake. An eager crowd hastens toward the resort of commerce and industry; everything around you bespeaks motion, bustle, hurry. A feverish activity succeeds to the lethargic stupor of yesterday: you might almost suppose that they had but one day to acquire wealth and to enjoy it.
APPENDIX F.—Page 44.
It is unnecessary for me to say, that in the chapter which has just been read, I have not had the intention of giving a history of America. My only object was to enable the reader to appreciate the influence which the opinions and manners of the first emigrants had exercised upon the fate of the different colonies and of the Union in general. I have therefore confined myself to the quotation of a few detached fragments.
I do not know whether I am deceived, but it appears to me that by pursuing the path which I have merely pointed out, it would be easy to present such pictures of the American republics as would not be unworthy the attention of the public, and could not fail to suggest to the statesman matter for reflection.
Not being able to devote myself to this labour, I am anxious to render it easy to others; and, for this purpose, I subjoin a short catalogue and analysis of the works which seem to me the most important to consult.
At the head of the general documents, which it would be advantageous to examine, I place the work entitled An Historical Collection of State Papers, and otner authentic Documents, intended as Materials for a History of the United States of America, by Ebenezer Hasard. The first volume of this compilation, which was printed at Philadelphia in 1792, contains a literal copy of all the charters granted by the crown of England to the emigrants, as well as the principal acts of the colonial governments, during the commencement of their existence. Among other authentic documents, we here find a great many relating to the affairs of New England and Virginia during this period. The second volume is almost entirely devoted to the acts of the confederation of 1643. This federal compact, which was entered into by the colonies of New England with the view of resisting the Indians, was the first instance of union afforded by the Anglo-Americans. There were besides many other confederations of the same nature, before the famous one of 1776, which brought about the independence of the colonies.
Each colony has, besides, its own historic monuments, some of which are extremely curious; beginning with Virginia, the state which was first peopled. The earliest historian of Virginia was its founder, Capt. John Smith Capt. Smith has left us an octavo volume, entitled, The generall Historie of Virginia and New England, by Captain John Smith, sometymes Governour in those Countryes, and Admirall of New England; printed at London in 1627. The work is adorned with curious maps and engravings of the time when it appeared; the narrative extends from the year 1584 to 1626. Smith's work is highly and deservedly esteemed. The author was one of the most celebrated adventurers of a period of remarkable adventure; his book breathes that ardour for discovery, that spirit of enterprise which characterized the men of his time, when the manners of chivalry were united to zeal for commerce, and made subservient to the acquisition of wealth.
But Capt. Smith is remarkable for uniting, to the virtues which characterized his contemporaries, several qualities to which they were generally strangers: his style is simple and concise, his narratives bear the stamp of truth, and his descriptions are free from false ornament.
This author throws most valuable light upon the state and condition of the Indians at the time when North America was first discovered.
The second historian to consult is Beverley, who commences his narrative with the year 1585, and ends it with 1700. The first part of his book contains historical documents, properly so called, relative to the infancy of the colony. The second affords a most curious picture of the state of the Indians at this remote poriod. The third conveys very clear ideas concerning the manners, social condition, laws, and political customs of the Virginians in the author's lifetime.
Beverley was a native of Virginia, which occasions him to say at the beginning of his book that he entreats his readers not to exercise their critical severity upon it, since, having been born in the Indies, he does not aspire to purity of language. Notwithstanding this colonial modesty, the author shows throughout his book the impatience with which he endures the supremacy of the mother-country. In this work of Beverley are also found numerous traces of that spirit of civil liberty which animated the English colonies of America at the time when he wrote. He also shows the dissensions which existed among them and retarded their independence. Beverley detests his catholic neighbours of Maryland even more than he hates the English government: his style is simple, his narrative interesting and apparently trustworthy.
I saw in America another work which ought to be consulted, entitled, The History of Virginia, by William Stith. This book affords some curious details, but I thought it long and diffuse.
The most ancient as well as the best document to be consulted on the history of Carolina is a work in small quarto, entitled, The History of Carolina, by John Lawson, printed at London in 1718. This work contains, in the first part, a journey of discovery in the west of Carolina; the account at which, given in the form of a journal, is in general confused and superficial; but it contains a very striking description of the mortality caused among the savages of that time, both by the small-pox and the immoderate use of brandy; and with a curious picture of the corruption of manners prevalent among them, which was increased by the presence of Europeans. The second part of Lawson's book is taken up with a description of the physical condition of Carolina, and its productions. In the third part, the author gives an interesting account of the manners, customs, and government of the Indians at that period. There is a good deal of talent and originality in this part of the work.
Lawson concludes his history with a copy of the charter granted to the Carolinas in the reign of Charles II. The general tone of this work is light, and often licentious, forming a perfect contrast to the solemn style of the works published at the same period in New England. Lawson's history is extremely scarce in America, and cannot be procured in Europe. There is, however, a copy of it in the royal library at Paris.
From the southern extremity of the United States I pass at once to the northern limit; as the intermediate space was not peopled till a later period.
I must first point out a very curious compilation, entitled, Collection of the Massachusetts Historical Society, printed for the first time at Boston in 1792, and reprinted in 1806. The collection of which I speak, and which is continued to the present day, contains a great number of very valuable documents relating to the history of the different states of New England. Among them are letters which have never been published, and authentic pieces which had been buried in provincial archives. The whole work of Gookin concerning the Indians is inserted there.
I have mentioned several times, in the chapter to which this note relates, the work of Nathaniel Norton, entitled New England's Memorial; sufficiently perhaps to prove that it deserves the attention of those who would be conversant with the history of New England. This book is in 8vo, and was reprinted at Boston in 1826.
The most valuable and important authority which exists upon the history of New England is the work of the Rev. Cotton Mather entitled Magnalia Christi Americana, or the Ecclesiastical History of New England, 1620—1698, 2 vols. 8vo, reprinted at Hartford, United States, in 1820. The author divided his work into seven books. The first presents the history of the events which prepared and brought about the establishment of New England. The second contains the lives of the first governors and chief magistrates who presided over the country. The third is devoted to the lives and labours of the evangelical ministers who during the same period had the care of souls. In the fourth the author relates the institution and progress of the University of Cambridge (Massachusetts). In the fifth he describes the principles and the discipline of the Church of New England. The sixth is taken up in retracing certain facts, which, in the opinion of Mather, prove the merciful interposition of Providence in behalf of the inhabitants of New England. Lastly, in the seventh, the author gives an account of the heresies and the troubles to which the Church of New England was exposed. Cotton Mather was an evangelical minister who was born at Boston, and passed his life there. His narratives are distinguished by the same ardour and religious zeal which led to the foundation of the colonies of New England. Traces of bad taste sometimes occur in his manner of writing; but he interests, because he is full of enthusiasm. He is often intolerant, still oftener credulous, but he never betrays an intention to deceive. Sometimes his book contains fine passages, and true and profound reflections, such as the following:—
“Before the arrival of the puritans,” says he (vol. i., chap, iv.) “there were more than a few attempts of the English to people and improve the parts of New England which were to the northward of New Plymouth; but the designs of those attempts being aimed no higher than the advancement of some worldly interests, a constant series of disasters has confounded them, until there was a plantation erected upon the nobler designs of Christianity: and that plantation, though it has had more adversaries than perhaps any one upon earth, yet, having obtained help from God, it continues to this day.”
Mather occasionally relieves the austerity of his descriptions with images full of tender feeling: after having spoken of an English lady whose religious ardor had brought her to America with her husband, and who soon after sank under the fatigues and privations of exile, he adds, “As for her virtuous husband, Isaac Johnson,
|To live without her, liked it not, and died.”—(Vol 1.)|
Mather's work gives an admirable picture of the time and country which he describes. In his account of the motives which led the puritans to seek an asylum beyond seas, he says:—
“The God of heaven served, as it were, a summons upon the spirits of his people in the English nation, stirring up the spirits of thousands which never saw the faces of each other, with a most unanimous inclination to leave the pleasant accommodations of their native country, and go over a terrible ocean, into a more terrible desert, for the pure enjoyment of all his ordinances. It is now reasonable that, before we pass any farther, the reasons of this undertaking should be more exactly made known unto posterity, especially unto the posterity of those that were the undertakers, lest they come at length to forget and neglect the true interest of New England. Wherefore I shall now transcribe some of them from a manuscript wherein they were then tendered unto consideration.
“General Considerations for the Plantation of New England.
“First, it will be a service unto the church of great consequence, to carry the gospel unto those parts of the world, and raise a bulwark against the kingdom of antichrist, which the Jesuits labour to rear up in all parts of the world.
“Secondly, all other churches of Europe have been brought under desolations; and it may be feared that the like judgements are coming upon us; and who knows but God hath provided this place to be a refuge for many whom he means to save out of the general destruction.
“Thirdly, the land grows weary of her inhabitants, inasmuch that man, which is the most precious of all creatures, is here more vile and base than the earth he treads upon; children, neighbours, and friends, especially the poor, are counted the greatest burdens, which, if things were right, would be the chiefest of earthly blessings.
“Fourthly, we are grown to that intemperance in all excess of riot, as no mean estate almost will suffice a man to keep sail with his equals, and he that fails in it must live in scorn and contempt; hence it comes to pass, that all arts and trades are carried in that deceitful manner and unrighteous course, as it is almost impossible for a good upright man to maintain his constant charge and live comfortably in them.
“Fifthly, the schools of learning and religion are so corrupted, as (beside the unsupportable charge of education) most children, even the best, wittiest, and of the fairest hopes, are perverted, corrupted, and utterly overthrown by the multitude of evil examples and licentious behaviours in these seminaries.
“Sixthly, the whole earth is the Lord's garden, and he hath given it to the sons of Adam, to be tilled and improved by them: why then should we stand starving here for places of habitation, and in the mean time suffer whole countries, as profitable for the use of man, to lie waste without any improvement?
“Seventhly, what can be a better or nobler work, and more worthy of a Christian, than to erect and support a reformed particular church in its infancy, and unite our forces with such a company of faithful people, as by timely assistance may grow stronger and prosper; but for want of it, may be put to great hazards, if not be wholly ruined.
“Eighthly, if any such as are known to be godly, and live in wealth and prosperity here, shall forsake all this to join with this reformed church, and with it run the hazard of a hard and mean condition, it will be an example of great use, both for the removing of scandal, and to give more life unto the faith of God's people in their prayers for the plantation, and also to encourage others to join the more willingly in it.”
Farther on, when he declares the principles of the church of New England with respect to morals, Mather inveighs with violence against the custom of drinking healths at table, which he denounces as a pagan and abominable practice. He proscribes with the same rigor all ornaments for the hair used by the female sex, as well as their custom of having the arms and neck uncovered.
In another part of his work he relates several instances of witchcraft which had alarmed New England. It is plain that the visible action of the devil in the affairs of this world appeared to him an incontestable and evident fact.
This work of Cotton Mather displays in many places, the spirit of civil liberty and political independence which characterized the times in which he lived. Their principles respecting government are discoverable at every page. Thus, for instance, the inhabitants of Massachusetts, in the year 1630, ten years after the foundation of Plymouth, are found to have devoted 400l. sterling to the establishment of the University of Cambridge. In passing from the general documents relative to the history of New England, to those which describe the several states comprised within its limits, I ought first to notice The History of the Colony of Massachusetts, by Hutchinson, Lieutenant-Governor of the Massachusetts Province, 2 vols., 8vo.
The history of Hutchinson, which I have several times quoted in the chapter to which this note relates, commences in the year 1628 and ends in 1750. Throughout the work there is a striking air of truth and the greatest simplicity of style; it is full of minute details.
The best history to consult concerning Connecticut is that of Benjamin Trumbull, entitled, A Complete History of Connecticut, Civil and Ecclesiastical, 1630-1764; 2 vols., 8vo., printed in 1818, at New Haven. This history contains a clear and calm account of all the events which happened in Connecticut during the period given in the title. The author drew from the best sources; and his narrative bears the stamp of truth. All that he says of the early days of Connecticut is extremely curious. See especially the constitution of 1639, vol. i., ch. vi., p. 100; and also the penal laws of Connecticut, vol. i., ch. vii., p. 123.
The History of New Hampshire, by Jeremy Belknap, is a work held in merited estimation. It was printed at Boston in 1792, in two vols., 8vo. The third chapter of the first volume is particularly worthy of attention for the valuable details it affords on the political and religious principles of the puritans, on the causes of their emigration, and on their laws. The following curious quotation is given from a sermon delivered in 1663: “It concerneth New England always to remember that they are a plantation religious, not a plantation of trade. The profession of the purity of doctrine, worship, and discipline, is written on her forehead. Let merchants, and such as are increasing cent. per cent. remember this, that worldly gain was not the end and design of the people of New England, but religion. And if any man among us make religion as twelve, and the world as thirteen, such an one hath not the true spirit of a true New Englishman.” The reader of Belknap will find in his work more general ideas, and more strength of thought, than are to be met with in the American historians even to the present day.
Among the central states which deserve our attention for their remote origin, New York and Pennsylvania are the foremost. The best history we have of the former is entitled A History of New York, by William Smith, printed in London in 1757. Smith gives us important details of the wars between the French and English in America. His is the best account of the famous confederation of the Iroquois.
With respect to Pennsylvania, I cannot do better than point out the work of Proud, entitled the History of Pennsylvania, from the original Institution and Settlement of that Province, under the first Proprietor and Governor, William Penn, in 1681, till after the year 1742; by Robert Proud; 2 vols., 8vo., printed at Philadelphia in 1797. This work is deserving of the especial attention of the reader; it contains a mass of curious documents concerning Penn, the doctrine of the Quakers, and the character, manners, and customs of the first inhabitants of Pennsylvania.
APPENDIX G.—Page 52.
We read in Jefferson's Memoirs as follows:—
“At the time of the first settlement of the English in Virginia, when land was had for little or nothing, some provident persons having obtained large grants of it, and being desirous of maintaining the splendor of their families, entailed their property upon their descendants. The transmission of these estates from generation to generation, to men who bore the same name, had the effect of raising up a distinct class of families, who, possessing by law the privilege of perpetuating their wealth, formed by these means a sort of patrician order, distinguished by the grandeur and luxury of their establishments. From this order it was that the king usually chose his counsellors of state.”
In the United States, the principal clauses of the English law respecting descent have been universally rejected. The first rule that we follow, says Mr. Kent, touching inheritance, is the following: If a man dies intestate, his property goes to his heirs in a direct line. If he has but one heir or heiress, he or she succeeds to the whole. If there are several heirs of the same degree, they divide the inheritance equally among them, without distinction of sex.
This rule was prescribed for the first time in the state of New York by a statute of the 23d of February, 1786. (See Revised Statutes, vol. iii., Appendix, p. 48.) It has since then been adopted in the revised statutes of the same state. At the present day this law holds good throughout the whole of the United States, with the exception of the state of Vermont, where the male heir inherits a double portion: Kent's Commentaries, vol. iv., p. 370. Mr. Kent, in the same work, vol. iv., p. 1-22, gives an historical account of American legislation on the subject of entail; by this we learn that previous to the revolution the colonies followed the English law of entail. Estates tail were abolished in Virginia in 1776, on a motion of Mr. Jefferson. They were suppressed in New York in 1786; and have since been abolished in North Carolina, Kentucky, Tennessee, Georgia, and Missouri. In Vermont, Indiana, Illinois, South Carolina, and Louisiana, entail was never introduced. Those States which thought proper to preserve the English law of entail, modified it in such a way as to deprive it of its most aristocratic tendencies. “Our general principles on the subject of government,” says Mr. Kent, “tend to favour the free circulation of property.”
It cannot fail to strike the French reader who studies the law of inheritance, that on these questions the French legislation is infinitely more democratic even than the American. The American law makes an equal division of the father's property, but only in the case of his will not being known; “for every man,” says the law, “in the state of New York (Revised Statutes, vol. iii. Appendix, p. 51), has entire liberty, power, and authority, to dispose of his property by will, to leave it entire, or divided in favour of any persons he chooses as his heirs, provided he do not leave it to a political body or any corporation.” The French law obliges the testator to divide his property equally, or nearly so, among his heirs.
Most of the American republics still admit of entails, under certain restrictions; but the French law prohibits entail in all cases.
If the social condition of the Americans is more democratic than that of the French, the laws of the latter are the most democratic of the two. This may be explained more easily than at first appears to be the case. In France, democracy is still occupied in the work of destruction; in America it reigns quietly over the ruins it has made.
APPENDIX H.—Page 59.
SUMMARY OF THE QUALIFICATIONS OF VOTERS IN THE UNITED STATES.
All the states agree in granting the right of voting at the age of twenty-one. In all of them it is necessary to have resided for a certain time in the district where the vote is given. This period varies from three months to two years.
As to the qualification; in the state of Massachusets it is necessary to have an income of three pounds sterling or a capital of sixty pounds.
In Rhode Island a man must possess landed property to the amount of 133 dollars.
In Connecticut he must have a property which gives an income of seventeen dollars. A year of service in the militia also gives the elective privilege.
In New Jersey, an elector must have a property of fifty pounds a year.
In South Carolina and Maryland, the elector must possess fifty acres of land.
In Tennessee, he must possess some property.
In the states of Mississippi, Ohio, Georgia, Virginia, Pennsylvania, Delaware, New York, the only necessary qualification for voting is that of paying the taxes; and in most of the states, to serve in the militia is equivalent to the payment of taxes.
In Maine and New Hampshire any man can vote who is not on the pauper list.
Lastly, in the states of Missouri, Alabama, Illinois, Louisiana, Indiana, Kentucky, and Vermont, the conditions of voting have no reference to the property of the elector.
I believe there is no other state beside that of North Carolina in which different conditions are applied to the voting for the senate and the electing the house of representatives. The electors of the former, in this case, should possess in property fifty acres of land; to vote for the latter, nothing more is required than to pay taxes.
APPENDIX I.—Page 98.
The small number of custom-house officers employed in the United States compared with the extent of the coast renders smuggling very easy; notwithstanding which it is less practised than elsewhere, because everybody endeavours to suppress it. In America there is no police for the prevention of fires, and such accidents are more frequent than in Europe; but in general they are more speedily extinguished, because the surrounding population is prompt in lending assistance.
APPENDIX K.—Page 100.
It is mcorrect to assert that centralization was produced by the French revolution: the revolution brought it to perfection, but did not create it. The mania for centralization and government regulations dates from the time when jurists began to take a share in the government, in the time of Philippe-le-Bel; ever since which period they have been on the increase. In the year 1775, M. de Malesherbes, speaking in the name of the Cour des Aides, said to Louis XIV.
“ * * * * Every corporation and every community of citizens, retained the right of administering its own affairs; a right which not only forms part of the primitive constitution of the kingdom, but has a still higher origin; for it is the right of nature and of reason. Nevertheless, your subjects, sire, have been deprived of it; and we cannot refrain from saying that in this respect your government has fallen into puerile extremes. From the time when powerful ministers made it a political principle to prevent the convocation of a national assembly, one consequence has succeeded another, until the deliberations of the inhabitants of a village are declared null when they have not been authorized by the intendant. Of course, if the community has an expensive undertaking to carry through, it must remain under the control of the sub-delegate of the intendant, and consequently follow the plan he proposes, employ his favourite workman, pay them according to his pleasure; and if an action at law is deemed necessary, the intendant's permission must be obtained. The cause must be pleaded before this first tribunal, previous to its being carried into a public court; and if the opinion of the intendant is opposed to that of the inhabitants, or if their adversary enjoys his favour, the community is deprived of the power of defending its rights. Such are the means, sire, which have been exerted to extinguish the municipal spirit in France; and to stifle, if possible, the opinions of the citizens. The nation may be said to lie under an interdict, and to be in wardship under guardians.”
What could be said more to the purpose at the present day, when the revolution has achieved what are called its victories in centralization.
In 1789, Jefferson wrote from Paris to one of his friends: “There is no country where the mania for over-governing has taken deeper root than in France, or been the source of greater mischief.” Letter to Madison, 28th August, 1789.
The fact is that for several centuries past the central power of France, has done everything it could to extend central administration; it has acknowledged no other limits than its own strength. The central power to which the revolution gave birth made more rapid advances than any of its predecessors, because it was stronger and wiser than they had been; Louis XIV. committed the welfare of such communities to the caprice of an intendant; Napoleon left them to that of the minister. The same principle governed both, though its consequences were more or less remote.
APPENDIX L.—Page 103.
This immutability of the constitution of France is a necessary consequence of the laws of that country.
To begin with the most important of all the laws, that which decides the order of succession to the throne; what can be more immutable in its principle than a political order founded upon the natural succession of father to son? In 1814 Louis XVIII. had established the perpetual law of hereditary succession in favour of his own family. The individuals who regulated the consequences of the revolution of 1830 followed his example, they merely established the perpetuity of the law in favour of another family. In this respect they imitated the Chancellor Meaupou, who, when he erected the new parliament upon the ruins of the old, took care to declare in the same ordinance that the rights of the new magistrates should be as inalienable as those of their predecessors had been.
The laws of 1830, like those of 1814, point out no way of changing the constitution; and it is evident that the ordinary means of legislation are insufficient for this purpose. As the king, peers, and deputies, all derive their authority from the constitution, these three powers united cannot alter a law by virtue of which alone they govern. Out of the pale of the constitution, they are nothing; where, then, could they take their stand to effect a change in its provisions? The alternative is clear; either their efforts are powerless against the charter, which continues to exist in spite of them, in which case they only reign in the name of the charter; or, they succeed in changing the charter, and then the law by which they existed being annulled, they themselves cease to exist. By destroying the charter they destroy themselves
This is much more evident in the laws of 1830 than in those of 1814. In 1814, the royal prerogative took its stand above and beyond the constitution; but in 1830, it was avowedly created by, and dependant on, the constitution.
A part therefore of the French constitution is immutable, because it is united to the destiny of a family; and the body of the constitution is equally immutable, because there appear to be no legal means of changing it.
These remarks are not applicable to England. That country having no written constitution, who can assert when its constitution is changed?
APPENDIX M.—Page 104.
The most esteemed authors who have written upon the English constitution agree with each other in establishing the omnipotence of the parliament.
Delolme says: “It is a fundamental principle with the English lawyers, that parliament can do everything except making a woman a man, or a man a woman.”
Blackstone expresses himself more in detail if not more energetically, than Dololme, in the following terms:—
“The power and jurisdiction of parliament, says Sir Edward Coke (4 Inst. 36), is so transcendant and absolute, that it cannot be confined, either for causes or persons within any bounds. And of this high court, he adds, may be truly said, ‘Si antiquitatem spectes, est vetustissima; si dignitatem, est honoratissima; si jurisdictionem, est capacissima.’ It hath sovereign and uncontrollable authority in making, confirming, enlarging, restraining abrogating, repealing, reviving and expounding of laws, concerning matters of all possible denominations; ecclesiastical or temporal; civil, military, maritime, or criminal; this being the place where that absolute despotic power which must, in all governments, reside somewhere, is intrusted by the constituiion of these kingdoms. All mischiefs and grievances, operations and remedies, that transcend the ordinary course of the laws, are within the reach of this extraordinary tribunal. It can regulate or new-model the succession to the crown; as was done in the reigns of Henry VIII. and William III. It can alter the established religion of the land; as was done in a variety of instances in the reigns of King Henry VIII. and his three children. It can change and create afresh even the constitution of the kingdom, and of the parliaments themselves; as was done by the act of union and the several statutes for triennial and septennial elections. It can, in short, do everything that is not naturally impossible to be done; and, therefore, some have not scrupled to call its power, by a figure rather too bold, the omnipotence of parliament.”
APPENDIX N.—Page 114.
There is no question upon which the American constitutions agree more fully than upon that of political jurisdiction. All the constitutions which take cognizance of this matter, give to the house of delegates the exclusive right of impeachment; excepting only the constitution of North Carolina which grants the same privilege to grand-juries. (Article 23.)
Almost all the constitutions give the exclusive right of pronouncing sentence to the senate, or to the assembly which occupies its place.
The only punishments which the political tribunals can inflict are removal and the interdiction of public functions for the future. There is no other constitution but that of Virginia (p. 152), which enables them to inflict every kind of punishment.
The crimes which are subject to political jurisdiction, are, in the federal constitution (section 4, art. 1); in that of Indiana (art. 3, paragraphs 23 and 24); of New York (art. 5); of Delaware (art. 5); high treason, bribery, and other high crimes or offences.
In the constitution of Massachusetts (chap. 1, section 2); that of North Carolina (art. 23); of Virginia (p. 252), misconduct and maladministration.
In the constitution of New Hampshire (p. 105) corruption, intrigue, and maladministration.
In Vermont (chap. ii. art. 24), maladministration.
In South Carolina (art. 5); Kentucky (art. 5); Tennessee (art. 4); Ohio (art. 1, § 23, 24); Louisiana (art. 5); Mississippi (art. 5); Alabama (art. 6); Pennsylvania (art. 4); crimes committed in the non-performance of official duties.
In the states of Illinois, Georgia, Maine, and Connecticut, no particular offences are specified.
APPENDIX O.—Page 183.
It is true that the powers of Europe may carry on maritime wars with the Union; but there is always greater facility and less danger in supporting a maritime than a continental war. Maritime warfare only requires one species of effort. A commercial people which consents to furnish its government with the necessary funds, is sure to possess a fleet. And it is far easier to induce a nation to part with its money, almost unconsciously, than to reconcile it to sacrifices of men and personal efforts. Moreover, defeat by sea rarely compromises the existence or independence of the people which endures it.
As for continental wars, it is evident that the nations of Europe cannot be formidable in this way to the American Union. It would be very difficult to transport and maintain in America more than 25,000 soldiers; an army which may be considered to represent a nation of 2,000,000 of men. The most populous nation of Europe contending in this way against the Union, is in the position of a nation of 2,000,000 of inhabitants at war with one of 12,000,000. Add to this, that America has all its resources within reach, while the European is at 4,000 miles distance from his; and that the immensity of the American continent would of itself present an insurmountable obstacle to its conquest.
APPENDIX P.—Page 201.
The first American journal appeared in April, 1704, and was published at Boston. See collection of the Historical Society of Massachusetts, vol. vi., p. 66. It would be a mistake to suppose that the periodical press has always been entirely free in the American colonies: an attempt was made to establish something analogous to a censorship and preliminary security. Consult the Legislative Documents of Massachusetts of the 14th of January, 1722.
The committee appointed by the general assembly (the legislative body of the province), for the purpose of examining into circumstances connected with a paper entitled “The New England Courier,” expresses its opinion that “the tendency of the said journal is to turn religion into derision, and bring it into contempt; that it mentions the sacred writers in a profane and irreligious manner; that it puts malicious interpretations upon the conduct of the ministers of the gospel; and that the government of his majesty is insulted, and the peace and tranquillity of the province disturbed by the said journal. The committee is consequently of opinion that the printer and publisher, James Franklin, should be forbidden to print and publish the said journal or any other work in future, without having previously submitted it to the secretary of the province; and that the justices of the peace for the county of Suffolk should be commissioned to require bail of the said James Franklin for his good conduct during the ensuing year.′
The suggestion of the committee was adopted and passed into a law, but the effect of it was null, for the journal eluded the prohibition by putting the name of Benjamin Franklin instead of James Franklin at the bottom of its columns, and this manœuvre was supported by public opinion.
APPENDIX Q.—Page 310.
The federal constitution has introduced the jury into the tribunals of the Union in the same way as the states had introduced it into their own several courts: but as it has not established any fixed rules for the choice of jurors, the federal courts select them from the ordinary jury-list which each state makes for itself. The laws of the states must therefore be examined for the theory of the formation of juries. See Story's Commentaries on the Constitution, B. iii., chap. 38, pp. 654-659; Sergeant's Constitutional Law, p. 165. See also the federal laws, of the years 1789, 1800, and 1802, upon the subject.
For the purpose of thoroughly understanding the American principles with respect to the formation of juries, I examined the laws of states at a distance from one another, and the following observations were the result of my inquiries.
In America all the citizens who exercise the elective franchise have the right of serving upon a jury. The great state of New York, however, has made a slight difference between the two privileges, but in a spirit contrary to that of the laws of France; for in the state of New York there are fewer persons eligible as jurymen than there are electors. It may be said in general that the right of forming part of a jury, like that of electing representatives, is open to all the citizens: the exercise of this right, however, is not put indiscriminately into any hands.
Every year a body of municipal or county magistrates—called selectmen in New England, supervisors in New York, trustees in Ohio, and sheriffs of the parish in Louisiana—choose for each county a certain number of citizens who have the right of serving as jurymen, and who are supposed to be capable of exercising their functions. These magistrates, being themselves elective, excite no distrust: their powers, like those of most republican magistrates, are very extensive and very arbitrary, and they frequently make use of them to remove unworthy or incompetent jurymen.
The names of the jurymen thus chosen are transmitted to the county court; and the jury who have to decide any affair are drawn by lot from the whole list of names.
The Americans have contrived in every way to make the common people eligible to the jury, and to render the service as little onerous as possible. The sessions are held in the chief town of every county; and the jury are indemnified for their attendance either by the state or the parties concerned. They receive in general a dollar per day, beside their travelling expenses. In America the being placed upon the jury is looked upon as a burden but it is a burden which is very supportable. See Brevard's Digest of the Public Statute Law of South Carolina, vol. i., pp. 446 and 454, vol. ii., pp. 218 and 338; The General Laws of Massachusetts, revised and published by Authority of the Legislature, v. ii., pp. 187 and 331; The Revised Statutes of the State of New York, vol. ii., pp. 411, 643, 717, 720; The Statute Law of the State of Tennessee, vol. i., p. 209; Acts of the State of Ohio, pp. 95 and 210; and Digeste Général des Actes de la Législature de la Louisiane.
APPENDIX R.—Page 313.
If we attentively examine the constitution of the jury as introduced into civil proceedings in England, we shall readily perceive that the jurors are under the immediate control of the judge. It is true that the verdict of the jury, in civil as well as in criminal cases, comprises the question of fact and the question of right in the same reply; thus, a house is claimed by Peter as having been purchased by him: this is the fact to be decided. The defendant puts in a plea of incompetency on the part of the vendor: this is the legal question to be resolved.
But the jury do not enjoy the same character of infallibility in civil cases, according to the practice of the English courts, as they do in criminal cases. The judge may refuse to receive the verdict; and even after the first trial has taken place, a second or new trial may be awarded by the court. See Blackstone's Commentaries, book iii., ch. 24.
- The 20th degree of longitude according to the meridian of Washington, agrees very nearly with the 97th degree on the meridian of Greenwich.
- A folio edition of this work was published in London in 1702.
- This passage is extracted and translated from M. Conseil's work upon the Life of Jefferson, entitled, “Mélanges Politiques et Philosophiques de Jefferson.”
- See “Mémoires pour servir à l'Histoire du Droit Public de la France en matière d'Impôts,” p. 654, printed at Brussels in 1779.