For my own part, I am not so well satisfied of the goodness of this

thing. I am for doing good to the poor, but I differ in opinion about

the means. I think the best way of doing good to the poor is not making

them easy _in_ poverty, but leading or driving them _out_ of it. In my

youth I travelled much, and I observed in different countries that the

more public provisions were made for the poor, the less they provided

for themselves, and, of course, became poorer. And, on the contrary, the

less was done for them, the more they did for themselves, and became

richer. There is no country in the world where so many provisions are

established for them; so many hospitals to receive them when they are

sick or lame, founded and maintained by voluntary charities; so many

almshouses for the aged of both sexes, together with a solemn general

law made by the rich to subject their estates to a heavy tax for the

support of the poor. Under all these obligations, are our poor modest,

humble, and thankful? And do they use their best endeavours to maintain

themselves, and lighten our shoulders of this burden! On the contrary, I

affirm that there is no country in the world in which the poor are more

idle, dissolute, drunken, and insolent.[7] The day you passed that act

you took away from before their eyes the greatest of all inducements to

industry, frugality, and sobriety, by giving them a dependance on

somewhat else than a careful accumulation during youth and health, for

support in age or sickness. In short, you offered a premium for the

encouragement of idleness, and you should not now wonder that it has had

its effect in the increase of poverty. Repeal this law, and you will

soon see a change in their manners; _Saint Monday_ and _Saint Tuesday_

will soon cease to be holydays. Six _days shalt thou labour_, though one

of the old commandments, long treated as out of date, will again be

looked upon as a respectable precept; industry will increase, and with

it plenty among the lower people; their circumstances will mend, and

more will be done for their happiness by inuring them to provide for

themselves, than could be done by dividing all your estates among them.

[7] England in 1766

Excuse me, Messieurs the Public, if upon this _interesting_ subject I

put you to the trouble of reading a little of _my_ nonsense; I am sure I

have lately read a great deal of _yours_, and therefore, from you (at

least from those of you who are writers) I deserve a little indulgence.

I am yours, &c.

ARATOR.

* * * * *

SINGULAR CUSTOM AMONG THE AMERICANS, ENTITLED WHITEWASHING.

DEAR SIR,

My wish is to give you some account of the people of these new states;

but I am far from being qualified for the purpose, having as yet seen

but little more than the cities of New-York and Philadelphia. I have

discovered but few national singularities among them. Their customs and

manners are nearly the same with those of England, which they have long

been used to copy. For, previous to the revolution, the Americans were

from their infancy taught to look up to the English as patterns of

perfection in all things. I have observed, however, one custom, which,

for aught I know, is peculiar to this country. An account of it will

serve to fill up the remainder of this sheet, and may afford you some

amusement.

When a young couple are about to enter into the matrimonial state, a

never-failing article in the marriage treaty is, that the lady shall

have and enjoy the free and unmolested exercise of the rights of

_whitewashing_, with all its ceremonials, privileges, and appurtenances.

A young woman would forego the most advantageous connexion, and even

disappoint the warmest wish of her heart, rather than resign the

invaluable right. You would wonder what this privilege of _whitewashing_

is: I will endeavour to give you some idea of the ceremony, as I have

seen it performed.

There is no season of the year in which the lady may not claim her

privilege, if she pleases; but the latter end of May is most generally

fixed upon for the purpose. The attentive husband may judge by certain

prognostics when the storm is nigh at hand. When the lady is unusually

fretful, finds fault with the servants, is discontented with the

children, and complains much of the filthiness of everything about her,

these are signs which ought not to be neglected; yet they are not

decisive, as they sometimes come on and go off again without producing

any farther effect. But if, when the husband rises in the morning, he

should observe in the yard a wheelbarrow with a quantity of lime in it,

or should see certain buckets with lime dissolved in water, there is

then no time to be lost; he immediately locks up the apartment or closet

where his papers or his private property is kept, and, putting the key

in his pocket, betakes himself to flight, for a husband, however

beloved, becomes a perfect nuisance during the season of female rage;

his authority is superseded, his commission is suspended, and the very

scullion who cleans the brasses in the kitchen becomes of more

consideration and importance than him. He has nothing for it but to

abdicate, and run from an evil which he can neither prevent nor mollify.

The husband gone, the ceremony begins. The walls are in a few minutes

stripped of their furniture: paintings, prints, and looking-glasses lie

in a huddled heap about the floors; the curtains are torn from the

testers, the beds crammed into the windows; chairs and tables, bedsteads

and cradles, crowd the yard; and the garden fence bends beneath the

weight of carpets, blankets, cloth cloaks, old coats, and ragged

breeches. _Here_ may be seen the lumber of the kitchen, forming a dark

and confused mass: for the foreground of the picture, grid irons and

frying-pans, rusty shovels and broken tongs, spits and pots,

joint-stools, and the fractured remains of rush-bottomed chairs. _There_

a closet has disgorged its bowels, cracked tumblers, broken wineglasses,

vials of forgotten physic, papers of unknown powders, seeds, and dried

herbs, handfuls of old corks, tops of teapots, and stoppers of departed

decanters; from the raghole in the garret to the rathole in the cellar,

no place escapes unrummaged. It would seem as if the day of general doom

was come, and the utensils of the house were dragged forth to judgment.

In this tempest the words of Lear naturally present themselves, and

might, with some alteration, be made strictly applicable:

"Let the great gods,

That keep this dreadful pother o'er our heads,

Find out their enemies now. Tremble, thou wretch,

That hast within thee undivulged crimes

Unwhipp'd of justice!

"Close pent-up guilt,

Raise your concealing continents, and ask

These dreadful summoners grace!"

This ceremony completed and the house thoroughly evacuated, the next

operation is to smear the walls and ceilings of every room and closet

with brushes dipped in a solution of lime, called _white wash_; to pour

buckets of water over every floor, and scratch all the partitions and

wainscots with rough brushes wet with soapsuds and dipped in

stonecutter's sand. The windows by no means escape the general deluge. A

servant scrambles out upon the penthouse, at the risk of her neck, and

with a mug in her hand and a bucket within reach, she dashes away

innumerable gallons of water against the glass panes, to the great

annoyance of the passengers in the street.

I have been told that an action at law was once brought against one of

these water nymphs, by a person who had a new suit of clothes spoiled by

this operation; but, after long argument, it was determined by the whole

court that the action would not lie, inasmuch as the defendant was in

the exercise of a legal right, and not answerable for the consequences:

and so the poor gentleman was doubly nonsuited, for he lost not only his

suit of clothes, but his suit at law.

These smearings and scratchings, washings and dashings, being duly

performed, the next ceremonial is to cleanse and replace the distracted

furniture. You may have seen a house-raising or a ship-launch, when all

the hands within reach are collected together: recollect, if you can,

the hurry, bustle, confusion, and noise of such a scene, and you will

have some idea of this cleaning match. The misfortune is, that the sole

object is to make things clean; it matters not how many useful,

ornamental, or valuable articles are mutilated or suffer death under the

operation; a mahogany chair and carved frame undergo the same

discipline; they are to be made _clean_ at all events, but their

preservation is not worthy of attention. For instance, a fine large

engraving is laid flat on the floor, smaller prints are piled upon it,

and the superincumbent weight cracks the glasses of the lower tier: but

this is of no consequence. A valuable picture is placed leaning against

the sharp corner of a table, others are made to lean against that, until

the pressure of the whole forces the corner of the table through the

canvass of the first. The frame and glass of a fine print are to be

_cleaned_; the spirit and oil used on this occasion are suffered to leak

through and spoil the engraving; no matter, if the glass is clean and

the frame shine, it is sufficient; the rest is not worthy of

consideration. An able arithmetician has made an accurate calculation,

founded on long experience, and has discovered that the losses and

destructions incident to two whitewashings are equal to one removal, and

three removals equal to one fire.

The cleaning frolic over, matters begin to resume their pristine

appearance. The storm abates, and all would be well again; but it is

impossible that so great a convulsion in so small a community should not

produce some farther effects. For two or three weeks after the

operation, the family are usually afflicted with sore throats or sore

eyes, occasioned by the caustic quality of the lime, or with severe

colds from the exhalations of wet floors or damp walls.

I know a gentleman who was fond of accounting for everything in a

philosophical way. He considers this, which I have called a custom, as a

real periodical disease, peculiar to the climate. His train of reasoning

is ingenious and whimsical, but I am not at leisure to give you a

detail. The result was, that he found the distemper to be incurable;

but, after much study, he conceived he had discovered a method to divert

the evil he could not subdue. For this purpose he caused a small

building, about twelve feet square, to be erected in his garden, and

furnished with some ordinary chairs and tables, and a few prints of the

cheapest sort were hung against the walls. His hope was, that when the

whitewashing phrensy seized the females of his family, they might repair

to this apartment, and scrub, and smear, and scour to their heart's

content, and so spend the violence of the disease in this outpost, while

he enjoyed himself in quiet at headquarters. But the experiment did not

answer his expectation; it was impossible it should, since a principal

part of the gratification consists in the lady's having an uncontrolled

right to torment her husband at least once a year, and to turn him out

of doors, and take the reins of government into her own hands.

There is a much better contrivance than this of the philosopher, which

is, to cover the walls of the house with paper; this is generally done,

and though it cannot abolish, it at least shortens the period of female

dominion. The paper is decorated with flowers of various fancies, and

made so ornamental, that the women have admitted the fashion without

perceiving the design.

There is also another alleviation of the husband's distress; he

generally has the privilege of a small room or closet for his books and

papers, the key of which he is allowed to keep. This is considered as a

privileged place, and stands like the land of Goshen amid the plagues of

Egypt. But then he must be extremely cautious, and ever on his guard.

For should he inadvertently go abroad and leave the key in his door, the

housemaid, who is always on the watch for such an opportunity,

immediately enters in triumph with buckets, brooms, and brushes; takes

possession of the premises, and forthwith puts all his books and papers

_to rights_, to his utter confusion and sometimes serious detriment. For

instance:

A gentleman was sued by the executors of a tradesman, on a charge found

against him in the deceased's books to the amount of £30. The defendant

was strongly impressed with an idea that he had discharged the debt and

taken a receipt; but, as the transaction was of long standing, he knew

not where to find the receipt. The suit went on in course, and the time

approached when judgment would be obtained against him. He then sat

seriously down to examine a large bundle of old papers, which he had

untied and displayed on a table for that purpose. In the midst of his

search he was suddenly called away on business of importance; he forgot

to lock the door of his room. The housemaid, who had been long looking

out for such an opportunity, immediately entered with the usual

implements, and with great alacrity fell to cleaning the room and

putting things to _rights_. The first object that struck her eye was the

confused situation of the papers on the table; these were, without

delay, bundled together like so many dirty knives and forks; but, in the

action, a small piece of paper fell unnoticed on the floor, which

happened to be the very receipt in question: as it had no very

respectable appearance it was soon after swept out with the common dirt

of the room, and carried in a rubbish-pan into the yard. The tradesman

had neglected to enter the credit in his book; the defendant could find

nothing to obviate the charge, and so judgment went against him for the

debt and costs. A fortnight after the whole was settled and the money

paid, one of the children found the receipt among the rubbish in the

yard.

There is also another custom peculiar to the city of Philadelphia, and

nearly allied to the former. I mean that of washing the pavement before

the doors every Saturday evening. I at first took this to be a

regulation of the police, but, on a farther inquiry, find it is a

religious rite preparatory to the Sabbath, and is, I believe, the only

religious rite in which the numerous sectaries of this city perfectly

agree. The ceremony begins about sunset, and continues till about ten or

eleven at night. It is very difficult for a stranger to walk the streets

on those evenings; he runs a continual risk of having a bucket of dirty

water thrown against his legs; but a Philadelphian born is so much

accustomed to the danger that he avoids it with surprising dexterity. It

is from this circumstance that a Philadelphian may be known anywhere by

his gait. The streets of New-York are paved with rough stones; these,

indeed, are not washed, but the dirt is so thoroughly swept from before

the doors that the stones stand up sharp and prominent, to the great

inconvenience of those who are not accustomed to so rough a path. But

habit reconciles everything. It is diverting enough to see a

Philadelphian at New-York; he walks the streets with as much painful

caution as if his toes were covered with corns, or his feet lamed with

the gout: while a New-Yorker, as little approving the plain masonry of

Philadelphia, shuffles along the pavement like a parrot on a mahogany

table.

It must be acknowledged that the ablutions I have mentioned are attended

with no small inconvenience; but the women would not be induced, from

any consideration, to resign their privilege. Notwithstanding this, I

can give you the strongest assurances that the women of America make the

most faithful wives and the most attentive mothers in the world; and I

am sure you will join me in opinion, that if a married man is made

miserable only _one_ week in a whole year, he will have no great cause

to complain of the matrimonial bond.

I am, &c.

* * * * *

ON THE CRIMINAL LAWS AND THE PRACTICE OF PRIVATEERING.

_Letter to Benjamin Vaughan, Esq._

March 14, 1785.

MY DEAR FRIEND

Among the pamphlets you lately sent me was one entitled _Thoughts on

Executive Justice_. In return for that, I send you a French one on the

same subject, _Observations concernant l'Exécution de l'Article II. de

la Déclaration sur le Vol_. They are both addressed to the judges, but

written, as you will see, in a very different spirit. The English author

is for hanging _all_ thieves. The Frenchman is for proportioning

punishments to offences.

If we really believe, as we profess to believe, that the law of Moses

was the law of God, the dictate of Divine wisdom, infinitely superior to

human, on what principle do we ordain death as the punishment of an

offence which, according to that law, was only to be punished by a

restitution of fourfold? To put a man to death for an offence which does

not deserve death, is it not a murder? And as the French writer says,

_Doit-on punir un délit contre la société par un crime contre la

nature?_[8]

[8] Ought we to punish a crime against society by a crime against

nature?

Superfluous property is the creature of society. Simple and mild laws

were sufficient to guard the property that was merely necessary. The

savage's bow, his hatchet, and his coat of skins, were sufficiently

secured, without law, by the fear of personal resentment and

retaliation. When, by virtue of the first laws, part of the society

accumulated wealth and grew powerful, they enacted others more severe,

and would protect their property at the expense of humanity. This was

abusing their power and commencing a tyranny. If a savage, before he

entered into society, had been told, "Your neighbour, by this means, may

become owner of a hundred deer; but if your brother, or your son, or

yourself, having no deer of your own, and being hungry, should kill one,

an infamous death must be the consequence," he would probably have

preferred his liberty, and his common right of killing any deer, to all

the advantages of society that might be proposed to him.

That it is better a hundred guilty persons should escape than that one

innocent person should suffer, is a maxim that has been long and

generally approved; never, that I know of, controverted. Even the

sanguinary author of the _Thoughts_ agrees to it, adding well, "that the

very thought of _injured_ innocence, and much more that of _suffering_

innocence, must awaken all our tenderest and most compassionate

feelings, and, at the same time, raise our highest indignation against

the instruments of it. But," he adds, "there is no danger of _either_

from a strict adherence to the laws." Really! is it then impossible to

make an unjust law? and if the law itself be unjust, may it not be the

very "instrument" which ought "to raise the author's and everybody's

highest indignation?" I see in the last newspapers from London that a

woman is capitally convicted at the Old Bailey for privately stealing

out of a shop some gauze, value fourteen shillings and threepence. Is

there any proportion between the injury done by a theft, value fourteen

shillings and threepence, and the punishment of a human creature, by

death, on a gibbet? Might not that woman, by her labour, have made the

reparation ordained by God in paying fourfold? Is not all punishment

inflicted beyond the merit of the offence, so much punishment of

innocence? In this light, how vast is the annual quantity of not only

_injured_, but _suffering_ innocence, in almost all the civilized states

of Europe!

But it seems to have been thought that this kind of innocence may be

punished by way of _preventing crimes_. I have read, indeed, of a cruel

Turk in Barbary, who, whenever he bought a new Christian slave, ordered

him immediately to be hung up by the legs, and to receive a hundred

blows of a cudgel on the soles of his feet, that the severe sense of

punishment and fear of incurring it thereafter might prevent the faults

that should merit it. Our author himself would hardly approve entirely

of this Turk's conduct in the government of slaves; and yet he appears

to recommend something like it for the government of English subjects,

when he applauds the reply of Judge Burnet to the convict horsestealer;

who, being asked what he had to say why judgment of death should not

pass against him, and answering that it was hard to hang a man for

_only_ stealing a horse, was told by the judge, "Man, thou art not to be

hanged _only_ for stealing a horse, but that horses may not be stolen."

The man's answer, if candidly examined, will, I imagine, appear

reasonable, as being founded on the eternal principle of justice and

equity, that punishments should be proportioned to offences; and the

judge's reply brutal and unreasonable, though the writer "wishes all

judges to carry it with them whenever they go the circuit, and to bear

it in their minds, as containing a wise reason for all the penal

statutes which they are called upon to put in execution. It at once

illustrates," says he, "the true grounds and reasons of all capital

punishments whatsoever, namely, that every man's property, as well as

his life, may be held sacred and inviolate." Is there, then, no

difference in value between property and life? If I think it right that

the crime of murder should be punished with death, not only as an equal

punishment of the crime, but to prevent other murders, does it follow

that I must approve of inflicting the same punishment for a little

invasion on my property by theft? If I am not myself so barbarous, so

bloody-minded and revengeful, as to kill a fellow-creature for stealing

from me fourteen shillings and threepence, how can I approve of a law

that does it? Montesquieu, who was himself a judge, endeavours to

impress other maxims. He must have known what humane judges feel on such

occasions, and what the effects of those feelings; and, so far from

thinking that severe and excessive punishments prevent crimes, he

asserts, as quoted by our French writer, that

"L'atrocité des loix en empêche l'exécution.

"Lorsque la peine est sans mesure, on est souvent obligé de lui préférer

l'impunité.

"La cause de tous les relâchemens vient de l'impunité des crimes, et non

de la modération des peines."[9]

[9] The extreme severity of the laws prevents their execution.

Where the punishment is excessive, it is frequently necessary to

prefer impunity.

It is the exemption from punishment, and not its moderation which

is the cause of crime.

Memoirs of Benjamin Franklin; Written by Himself. [Vol. 2 of 2] With his Most Interesting Essays, Letters, and Miscellaneous Writings; Familiar, Moral, Political, Economical, and Philosophical, Selected with Care from All His Published Productions, and Comprising Whatever Is Most Entertaining and Valuable to the General Reader · 第 6 / 20 段