HARTFORD, FEBRUARY, 1790.

MISCELLANEOUS REMARKS _on_ DIVIZIONS _of_ PROPERTY, GUVERNMENT,

EDUCATION, RELIGION, AGRICULTURE, SLAVERY, COMMERCE, CLIMATE _and_

DISEEZES _in the_ UNITED STATES.

The laws which respect property, hav, in all civilized communities,

formed the most important branch of municipal regulations. Of theze, the

laws which direct the division and desent of lands, constitute the first

class; for on theze, in a great mezure, depend the genius of guvernment

and the complection of manners.

Savages hav very few regulations respecting property; for there are but

few things to which their desires or necessities prompt them to lay

claim. Some very rude nations seem to hav no ideas of property,

especially in lands; but the American tribes, even when first

discuvered, claimed the lands on which they lived, and the hunting

grounds of eech tribe were marked from thoze of its nabors, by rivers or

other natural boundaries. The Mexican and Peruvian Indians had indeed

advanced very far towards a state of civilization; and land with them

had acquired almost an European valu; but the northern tribes, yet in

the hunter state, would often barter millions of akers for a handful of

trinkets and a few strings of wampum.

In the progress of nations, land acquires a valu, proportioned to the

degree of populousness; and other objects grow into estimation, by their

utility, convenience, or some plezure they afford to the imagination.

In attending to the principles of guvernment, the leeding idea that

strikes the mind, iz, that political power depends mostly on property;

consequently guvernment will take its complection from the divisions of

property in the state.

In despotic states, the subjects must not possess property in fee; for

an exclusiv possession of lands inspires ideas of independence, fatal to

despotism. To support such guvernments, it iz necessary that the laws

should giv the prince a sovereign control over the property az wel az

the lives of hiz subjects. There are however very few countries, where

the guvernment iz so purely arbitrary, that the peeple can be deprived

of life and estate, without some legal formalities. Even when the first

possession waz the voluntary gift of the prince, grants or concessions,

sanctioned by prescription, hav often established rights in the subject,

of which he cannot be deprived without a judicial process.

In Europe the feudal system of tenures haz given rise to a singular

species of guvernment. Most of the countries are said to be guverned by

_monarkies_; but many of the guvernments might, with propriety, be

called _aristocratic republics_. The barons, who possess, the lands, hav

most of the power in their own hands. Formerly the kings were but lords

of a superior rank, _primi inter pares_; and they were originally

electiv. This iz stil the case in Poland, which continues to be what

other states in Europe were, an _aristocratic republic_. But from the

twelfth to the sixteenth century, the princes, in many countries, were

struggling to circumscribe the power of the barons, and their attempts,

which often desolated their dominions, were attended with various

success. What they could not accomplish by force, they sometimes

obtained by stratagem. In some countries the commons were called in to

support the royal prerogativs, and thus obtained a share in legislation,

which haz since been augmented by vast accessions of power and

influence, from a distribution and encreese of welth. This haz been the

case in England. In other countries, the prince haz combined with the

barons to depress the peeple. Where the prince holds the privilege of

disposing of civil, military and ecclesiastical offices, it haz been

eezy to attach the nobility to hiz interest, and by this coalition,

peece haz often been secured in a kingdom; but the peeple hav been kept

in vassalage. Thus by the laws of the feudal system, most of the commons

in Europe are kept in a state of dependence on the great landholders.

But commerce haz been favorable to mankind. Az the rules of succession

to estates, every where established in Europe, are calculated to

aggrandize the _few_ at the expense of the _many_, commerce, by creating

and accumulating personal estate, haz introduced a new species of power

to ballance the influence of the landed property. Commerce found its way

from Italy and the eest, to Germany and England, diffusing in its

progress freedom, knowlege and independence. Commerce iz favorable to

freedom; it flurishes most in republics; indeed a free intercourse by

trade iz almost fatal to despotism; for which reezon, some princes lay

it under severe restrictions: In other countries it iz discuraged by

public opinion, which renders trade disreputable. This iz more fatal to

it, than the edicts of tyrants.

The basis of a democratic and a republican form of government, iz, a

fundamental law, favoring an equal or rather a general distribution of

property. It iz not necessary nor possible that every citizen should hav

exactly an equal portion of land and goods, but the laws of such a state

should require an equal distribution of intestate estates, and bar all

perpetuities. Such laws occasion constant revolutions of property, and

thus hold out to all men equal motivs to vigilance and industry. They

excite emulation, by giving every citizen an equal chance of being rich

and respectable.

In no one particular do the American states differ from European nations

more widely, than in the rules which regulate the tenure and

distribution of lands. This circumstance alone wil, for ages at leest,

prezerve a government in the united states, very different from any

which now exists or can arize in Europe.

In New England, intestate estates desend to all the children or other

heirs in equal portions, except to the oldest son, who haz two shares.

This exception in favor of the oldest son, waz copied from the levitical

code, which waz made the basis of the first New England institutions.

The legislature of Massachusetts, at their May session, 1789, abolished

that absurd exception; and nothing but inveterate habit keeps it alive

in the other states.[152]

[152] Lands in Connecticut desend to the heirs in the

following manner: First to children, and if none, then to

brothers and sisters or their legal representativs of the

whole blud; then to parents; then to brothers and sisters of

the half blud; then to next of kin, the whole blud taking the

preference when of equal degree with the half blud.

In consequence of theze laws, the peeple of New England enjoy an

equality of condition, unknown in any other part of the world. To the

same cause may be ascribed the rapid population of theze states; for

estates by division are kept small, by which meens every man iz obliged

to labor, and labor iz the direct cause of population. For the same

reezon, the peeple of theze states, feel and exert the pride of

independence. Their equality makes them mild and condesending, capable

of being convinced and guverned by persuasion; but their independence

renders them irritable and obstinate in resisting force and oppression.

A man by associating familiarly with them, may eezily coax them into hiz

views, but if he assumes any airs of superiority, he iz treeted with az

little respect az a servant. The principal inconvenience arizing from

theze dispositions iz, that a man who happens to be a little

distinguished for hiz property or superior education iz ever exposed to

their envy, and the tung of slander iz bizzy in backbiting him. In this

manner, they oppoze distinctions of rank, with great success. This

however iz a private inconvenience; but there iz an evil, arising from

this jealousy, which deeply affects their guvernment. Averse to

distinctions, and reddy to humble superiority, they become the dupes of

a set of artful men, who, with small talents for business and no regard

for the public interest, are always familiar with every class of peeple,

slyly hinting something to the disadvantage of great and honest men, and

pretending to be frends to the public welfare. The peeple are thus

guverned at times by the most unqualified men among them. If a man wil

shake hands with every one he meets, attend church constantly, and

assume a goodly countenance; if he wil not swear or play cards, he may

arrive to the first offices in the guvernment, without one single talent

for the proper discharge of hiz duty; he may even defraud the public

revenu and be accused of it on the most indubitable evidence, yet by

laying hiz hand on hiz brest, casting hiz eyes to heaven, and calling

God to witness hiz innocence, he may wipe away the popular suspicions,

and be a fairer candidate for preferment than before hiz accusation. So

far az the harts of the peeple are concerned, the disposition here

mentioned iz a high recommendation, for it proves them mild,

unsuspecting and humane: But guvernment suffers a material injury from

this turn of mind; and were it not for a few men who are boldly honest,

and indefatigable in detecting impositions on the public, the guvernment

of theze states would always be, az it often iz, in the hands of the

weekest, or wickedest of the citizens.

The same equality of condition haz produced a singular manner of

speeking among the peeple of New England.[153] But the inhabitants of

all the large towns, wel bred citizens, are excepted from this remark.

[153] See my Dissertations on the English Language, page 106.

Altho the principle iz tru that a general distribution of lands iz the

basis of a republican form of guvernment, yet there iz an evil arising

out of this distribution, which the New England states now feel, and

which wil increase with the population of the country. The tracts of

land first taken up by the settlers, were not very considerable; and

theze having been repeetedly divided among a number of heirs, hav left

the present proprietors almost without subsistence for their families.

Vast numbers of men do not possess more than thirty or forty akers eech,

and many not half the quantity. It iz with difficulty that such men can

support families and pay taxes. Indeed most of them are unable to do it;

they involve themselves in det; the creditors take the little land they

possess, and the peeple are driven, poor and helpless, into an

uncultivated wilderness. Such are the effects of an equal division of

lands among heirs; and such the causes of emigration to the western

territories. Emigration indeed iz a present remedy for the evil; but

when settlements hav raized the valu of the western lands neerly to that

on the Atlantic coast, emigrations wil mostly ceese. They wil not

entirely ceese, until the continent iz peepled to the Pacific ocean; and

that period iz distant; but whenever they ceese, our republican

inhabitants, unable to subsist on the small portions of land, assigned

them by the laws of division, must hav recourse to manufactures. The

holders of land wil be fewer in number, because monied men wil hav the

advantage of purchasing lands very low of the necessitous inhabitants,

who wil be multiplied by the very laws of the state, respecting landed

property. Other laws however could not be tolerated in theze states. In

Europe, provision iz made for younger sons, in the army, the church, the

navy, or in the numerous manufactures of the countries. But in America,

such provision cannot be made; and therefore our laws eezely provide for

all the children, where they are not provided for by the parents.

By extending our views to futurity, we see considerable changes in the

condition of theze republican states. The laws, by barring entailments,

prevent the establishment of families in permanent affluence; we are

therefore in little danger of a hereditary aristocracy. But the same

laws, by dividing inheritances, tho their first effect iz to create

equality, ultimately tend to impoverish a great number of citizens, and

thus giv a few men, who commanded money, an advantage in procuring lands

at less than their real valu. The evil iz increased in a state, where

there iz a scarcity of cash, occasioned by the course of trade, or by

laws limiting the interest on money loaned. Such iz the case in

Connecticut. A man who haz money may purchase wel cultivated farms in

that state for seventy, and sometimes for fifty per cent. of the real

valu. Such a situation iz favorable to the accumulation of great

estates, and the creation of distinctions; but while alienations of real

estates are rendered necessary by the laws, the genius of the guvernment

wil not be materially changed.

The causes which destroyed the ancient republics were numerous; but in

Rome, one principal cause waz, the vast inequality of fortunes,

occasioned partly by the stratagems of the patricians and partly by the

spoils of their enemies, or the exactions of tribute in their conquered

provinces. Rome, with the _name_ of a republic, waz several ages loozing

the _spirit_ and _principle_. The Gracchi endevored to check the growing

evil by an agrarian law; but were not successful. In Cesar's time, the

Romans were ripened for a change of guvernment; the _spirit_ of a

commonwelth waz lost, and Cesar waz but an instrument of altering the

_form_, when it could no longer exist. Cesar iz execrated az the tyrant

of hiz country; and Brutus, who stabbed him, iz applauded az a _Roman_.

But such waz the state of things in Rome, that Cesar waz a better ruler

than Brutus would hav been; for when the spirit of a guvernment iz lost,

the form must change.

Brutus would hav been a tyrannical demagogue, or hiz zeel to restore the

commonwelth would hav protracted the civil war and factions which raged

in Rome and which finally must hav subsided in monarky. Cesar waz

absolute, but hiz guvernment waz moderate, and hiz name waz sufficient

to repress faction and prezerve tranquillity. The zeel of Brutus waz

intemperate and rash; for when abuses hav acquired a certain degree of

strength; when they are interwoven with every part of government, it iz

prudence to suffer many evils, rather than risk the application of a

violent remedy.

How far the Roman history furnishes the data, on which the politicians

of America may calculate the future changes in our form of guvernment,

iz left to every man's own opinion. Our citizens now hold lands in fee;

this renders them bold in independence: They all labor, and therefore

make hardy soldiers; they all reed, and of course understand their

rights; they rove uncontrolled in the forest; therefore they know the

use of arms. But wil not poor peeple multiply, and the possessions of

real estates be diminished in number, and increesed in size? Must not a

great proportion of our citizens becum manufacturers and thus looz the

bodies and the spirit of soldiers? While the mass of knowlege wil be

increesed by discuveries and experience, wil it not be confined to fewer

men? In short, wil not our forests be levelled, or confined to a few

proprietors? and when our peeple ceese to hunt, will not the body of

them neglect the use of arms? Theze are questions of magnitude; but the

present generation can answer them only in prospect and speculation. At

any rate, the genius of every guvernment must addapt itself to the

peculiar state and spirit of the peeple who compose the state, and when

the Americans looz the _principles_ of a free guvernment, it follows

that they wil speedily looz the _form_. Such a change would, az in Rome,

be ascribed to _bad_ men; but it is more rational to ascribe it to an

imperceptible progress of corruption, or thoze insensible changes which

steel into the best constitutions of government.

New England waz originally settled by a religious sect, denominated

_puritans_, who fled from the severe restraints imposed upon dissenters

in the reign of king James I. Placed beyond the feer of control, they

formed sistems of civil and ecclesiastical government, exactly suited to

their rigid notions. All their institutions wear marks of an

enthusiastic zeel for religion. Removed from the tyranny of one church,

they vibrated to the other extreme, and with an ardor to bild up

Christ's kingdom, in what they quaintly call, _a howling wilderness_,

they established a tyranny of the severest kind over the consciences and

rights of their own society, and by arbitrary decrees banished thoze

who dissented from them upon the most metaphisical points. It waz a law

of the first settlers at Boston, that none could be free men and

entitled to vote for civil rulers, who were not in full communion with

the church; and none could be admitted to full communion, without the

recommendation of a clergyman. Theze laws threw all the power of the

state into the hands of the clergy.[154] It iz equally astonishing and

ridiculous to the posterity of thoze godly peeple, to find the church

and state, in the infancy of the settlement in America, rent with

discord upon the simple question, whether "sanctification preceeds

justification." Yet hundreds of councils were held upon this or similar

points, and a dissent from the common opinion on such trifling

questions, waz heresy, punishable with excommunication and banishment.

[154] See Winthrop's Journal, Mather's Magnalia, and

Hutchisons Collection of papers.

But candor requires some apology to be made for our ancestors. Bigotry

waz not confined to the New England settlers; it waz the characteristic

of the age. The first settlers in New Jersey, Virginia and Pensylvania,

and indeed in most of the colonies, prohibited witchcraft under penalty

of deth; tho the laws seem not to have been executed any where except in

Massachusetts. But the fame gloomy superstition reigned in England. The

statutes of Henry VIII. and James I. making witchcraft and sorcery

felony without benefit of clergy, upon which many persons suffered deth,

were not repeeled, till the ninth yeer of George II. or about 1736. Just

before the restoration in 1660, no less than thirteen _gypsies_ were

condemned at one Suffolk assizes, and executed.

But why should I go to former times and other states for apologies? Iz

it not eezy to find superstition and prejudices among ourselves equally

absurd and indefensible? Does not a law against playing with cards

proceed from theze prejudices? What iz the difference between playing

with _spotted papers and spotted boards_? Chequers, back-gammon and

chess are not prohibited, and the games are az enticing az thoze which

are prohibited. Are not such games az capable of conceelment az any

domestic concerns? Wil laws ever reech them? Haz the legislature any

right to control my family amuzements? In short, do laws ever suppress

or restrain any species of game? By no meens; on the other hand, I can

testify from actual observation, that prohibited games are practized az

much az others, and in states where penalties against them are most

severe, gaming iz the most frequent.

Again, are laws against witchcraft more absurd than laws against usury?

Did not both originate in ages of monkish bigotry, and in the same

religious scruples? Iz it not az illiberal a prejudice to say, that a

man shall hav but six per cent. profit on money loaned, yet may make

fifty per cent. if he can, on the same valu in goods, houses or lands;

az it iz to say, that a man shal not be a fanatic, or a woman hav the

hysterics? Haz not any man az good a right to be whimsical or

superstitious, az a legislature to be inconsistent? Az to the right, I

see no difference. A man who iz oppressed to an obvious degree by a rich

creditor, wil find releef against the oppressor, in a court of equity. A

fanatic, who should keep a naborhood in an uproar by hiz religious

worship, would be punishable for a misdemeenor. But when two men can

make a voluntary contract for eight per cent. interest, a contract which

eech deems favorable for himself, that he should be punishable with a

hevvy forfiture, iz a curosity in legislation, which ought to be placed

on the catalog of papal bulls.

Superstition appeers in all ages under different aspects. The sailor who

repozes confidence in the horse-shoe on hiz mast, the Roman who counts

hiz beeds, the judge who gravely sentences a witch to the gallows, and

the legislator who thinks it a crime to receev great profits for the use

of money, may be equally conscientious, and to posterity in some future

time, wil appeer to be equally mistaken.

But while we contemplate the censurable laws of the first New England

settlers, let us not pass by many excellent regulations which proceed

from their religious zeel, and which hav been the basis of institutions

the most favorable to morals, to freedom and happiness.

In the first place, our ancestors made provision for supporting

preechers of the gospel in every village. Abating some rigid maxims,

which were propagated and maintained for the first century, with too

much zeel, the influence of the clergy, in New England, haz been

productiv of the happiest effects. The clergy, being wel informed men,

and scattered among the peeple at large, hav been instrumental in

diffusing knowlege. Frends to order, and respected by their

parishioners, they hav at times saved the states from turbulence and

disorder. The advocates of liberty, they espoused the American

revolution with firmness, and contributed to unite the peeple in a

steddy opposition to British mezures; and since the establishment of

peece, they hav had no small influence in oppozing mezures, fatal to

good faith and the rights of freemen.

The effects of their influence are the most generally vizible in

Connecticut, where every town iz well settled and supports a clergyman.

This state never experienced an insurrection; its opposition to the

British power, during the war, waz steddy and unanimous; and tender laws

and paper currency hav been uniformly reprobated since the revolution.

The old settlements in Massachusetts may fall under the same character;

but the western and northern counties are exceptions. In a great

proportion of the townships, which hav been lately settled, there iz no

clergyman or other person of superior information, to direct the popular

councils and check a rizing opposition. It waz obzerved, during the late

insurrections in thoze counties, that the towns which were destitute of

any wel informed men, furnished the most numerous and most turbulent

hosts of insurgents. The wel informed counties on the see coast

furnished scarcely a man.

In addition to this, it may be remarked, that the mildness of manners

and the hospitality which prevail among the yemanry of New England, are

ascribeable in a great meazure, to a general administration of religious

ordinances. The distinction in this respect, iz so great between New

England and some other parts of America, that in travelling among the

settlers on the frontiers of Vermont, a man may ascertain where the

settlers were born and educated, merely by their manner of receeving and

treeting him. This iz asserted from actual obzervation.

The State of Rhode Island furnishes full proofs of what iz here said in

favor of the clergy. That state waz settled by refugees from

Massachusetts, who were banished or persecuted by the first settlers,

for their religious tenets. Roger Williams and hiz adherents imbibed an

inveterate hatred against the colony of Massachusetts, and in particular

against the clergy, whoze rigid zeel occasioned their expulsion from the

colony. The prejudice continued among their desendants, and to this day

the inhabitants boast of their liberality of sentiment and their freedom

from the bigotry of clergymen, which, they say, enslaves the peeple of

Massachusetts and Connecticut. This aversion to the clerical order haz

however had a pernicious effect in the state. The body of the peeple,

unaccustomed to the sobriety and decent deportment necessary in

religious worship, and despizing the puritanical manners of their

nabors, are educated in licentiousness and void of principle. To this

source may be traced the most unjust and tyrannical laws that ever

disgraced a popular assembly, and a perseverance in executing them,

which can proceed only from obstinate ignorance and dishonest views. The

large trading towns are excepted from this description; the inhabitants

of which are well informed, polite, liberal, and firm supporters of good

government; _but they encourage schools and support a respectable

clergy_.

In the second place, our ancestors discuvered their wizdom in

establishing public schools and colleges. The law of Connecticut

ordains, that every town, or parish containing seventy householders,

shall keep an English school, at leest eleven months in a yeer; and

towns containing a less number, at leest six months in a yeer. Every

town keeping a public skool iz entitled to draw from the trezury of the

state, a certain sum of money, proportioned to its census in the list of

property which furnishes the rule of taxation. This sum might hav been

originally sufficient to support one skool in each town or parish; but

in modern times, iz divided among a number, and the deficiency of money

to support the skools iz raised upon the estates of the peeple, in the

manner the public taxes are assessed. To extend the benefits of this

establishment to all the inhabitants, large towns and parishes are

divided into districts; eech of which iz supposed able to furnish a

competent number of skolars for one skool. In eech district a house iz

erected for the purpose by the inhabitants of that district; who hire a

master, furnish wood, and tax themselves to pay all expenses, not

provided for by the public money. The skool iz kept during the winter

months, when every farmer can spare hiz sons. In this manner every child

in the state haz access to a school. In the summer, a woman iz hired to

teech small children, who are not fit for any kind of labor. In the

large towns, skools, ether public or private, are kept the whole yeer;

and in every county town, a grammar school iz established by law.

The state of Massachusetts haz also public schools on similar

principles. The colleges and academies are too well known to need any

description or remarks.

The beneficial effects of theze institutions will be experienced for

ages. Next to the establishments in favor of religion, they hav been the

nurseries of wel-informed citizens, brave soldiers and wize legislators.

A peeple thus informed are capable of understanding their rights and of

discuvering the meens to secure them.

In the next place, our forefathers took mezures to prezerve the

reputation of skools and the morals of yuth, by making the business of

teeching them an honorable employment. Every town or district haz a

committee whoze duty iz to procure a master of talents and karacter;

and the practice iz to procure a man of the best character in the town

or naborhood. The welthy towns apply to yung gentlemen of liberal

education, who, after taking the bachelor's degree, usually keep skool a

yeer or two, before they enter upon a profession. One of the most

unfortunate circumstances to education in the middle and suthern states,

iz, an opinion that skool keeping iz a meen employment, fit only for

persons of low karacter. The retches who keep the skools in thoze

states, very frequently degrade the employment; but the misfortune iz,

public opinion suppozes the employment degrades the man: Of course no

gentleman will undertake to teech children, while, in popular

estimation, he must forfit hiz rank and karacter by the employment.

Until public opinion iz corrected by some great examples, the common

schools, what few there are in thoze states, must continu in the hands

of such vagabonds az wander about the country.

Neerly connected with the establishment of skools, iz the circulation of

newspapers in New England. This iz both a consequence and a cause of a

general diffusion of letters. In Connecticut, almost every man reeds a

paper every week. In the yeer 1785, I took some pains to ascertain the

number of papers printed weekly in Connecticut, and in the suthern

states. I found the number in Connecticut to be neerly eight thousand;

which waz equal to that published in the whole territory, south of

Pensylvania.[155] By meens of this general circulation of public papers,

the peeple are informed of all political affairs; and their

representativs are often prepared to deliberate on propositions, made to

the legislature.

[155] During the late war, eight thousand newspapers were

published weekly at one press in Hartford.

Another institution favorable to knowlege, iz the establishment of

parish libraries. Theze are procured by subscription, but they are

numerous, the expense not being considerable, and the desire of reeding

universal. One hundred volums of books, selected from the best writers

on ethics, divinity and history, and red by the principal inhabitants of

a town or village, wil hav an amazing influence in spreding knowlege,

correcting the morals and softening the manners of a nation. I am

acquainted with parishes, where almost every housholder haz red the

works of Addison, Sherlock, Atterbury, Watts, Young, and other similar

writings; and wil converse handsomely on the subjects of which they

treet.

Still further, the wisdom of the erly settlers in New England iz

remarkable in the division of their territorial jurisdictions into

townships, and incorporating them with certain powers of a subordinate

nature. Every town iz a corporate body, with power to appoint, at an

annual meeting, certain town magistrates, called _selectmen_, who hav

the charge of providing for the poor, superintending the town property,

dispozing of the monies &c. rendering an account to the town at the

annual meeting. The towns also appoint constables, _collectors of

taxes_,[156] surveyors of roads, tithing men, whoze business iz to

prezerve order on Sundays, inspectors of various denominations, &c. The

towns are obliged to bild and repair their own bridges, repair roads,

and defray the expense by a tax impozed by themselves. They also support

their own poor. This system of subordinate legislation haz the advantage

of saving the legislature much trubble, and the corporations can hardly

abuse powers, which are limited to their own territories; nor wil they

probably neglect their duty, az it iz for their interest and convenience

to perform it.

[156] This iz an evil of great magnitude.

In the general organization of guvernment, the New England states differ

widely; thoze of Massachusetts and New Hampshire, being formed since the

revolution, are wel known; thoze of Connecticut and Rhode Island are

moddled upon the charters of Charles II, and have suffered but little

alteration, since their first establishment.

The New England colonies were originally guverned by a cheef magistrate

or guvernor, a deputy, and a certain number of assistants, all chosen by

the peeple. They were called the court of assistants, and for a

considerable time, exercized all powers, legislativ and judicial. The

clergy were uzually associated with them, and they seem to hav taken

cognizance likewise of ecclesiastical matters. The rulers of peeple in

small societies, in erly settlements, and in the simple state of nature,

uzually hav discretionary powers to act for the common good. This waz

the case with the ancient witena-gemote, and folk-motes or county

meetings in England; and with the first legislatures in theze colonies.

The towns soon began to send representativs to the court; but for

several yeers in Boston, they sat in the same house with the assistants;

in the same manner az the knights of shires, or representativs of the

inferior barons, sat in parliament with the lords on their first

introduction into the legislature. But az the towns multiplied, this

practice waz found inconvenient, and the deputies were separated from

the assistants. When this took place the assistants rezerved to

themselves the judiciary powers, which at first were lodged in the whole

assembly. In Connecticut, the assistants or upper house of assembly

retained theze powers in effect, till the late revolution; only for the

sake of convenience, five of their number were appointed by both houses,

to the immediate exercize of the office and to ride the circuit. Still

the assembly were a court of appeels in the last rezort, to all intents

and purposes; for on petition, any judgement or decree might be heerd

and reversed by the legislature. Since the revolution, a supreme court

of errors iz constituted, but on an exceptionable plan, and the

legislature continues to exercize supreme judicial power on petitions.

This iz a remnant of the old administration, which was once harmless, if

not necessary; but in a large community, may be considered az a faulty

part of the guvernment. The whole legislature likewise acts az a court

for the trial of public delinquents. This iz an evil of unbounded

magnitude. When charges are exhibited against any public officer, or any

objections made to hiz re-appointment, he iz admitted to a hearing,

council iz employed, the charges are red, witnesses examined, and the

delinquent makes hiz defence in person or by attorney. This mode of

impeachment and trial iz the worst that can be invented. It iz difficult

or impossible for a large popular assembly to be good judges; they

cannot perfectly understand a case; they are credulous; and their

compassion eezily moved. A pathetic harang, especially from the accused

himself, with teers in hiz eyes, and the misfortunes of hiz family

painted in discription, wil skreen from punishment any knave, however

numerous hiz crimes, or however convincing the proofs of hiz gilt. A

popular assembly should not sit in judgement upon delinquents, for the

same reezon that wimen would be improper judges, and for the same

reezons that the mother and wife of Coriolanus were the only persons who

could save Rome from his vengence.[157]

[157] Uxor deinde ac liberi amplexi; fletusque ab omni turba

mulierum ortus, et comploratio sui patriæque, _fregere tandem

virum_.--Liv. lib ii. 40.

The constitution of Connecticut iz if possible, more defectiv in the

trezury or finance department. The trezurer iz annually appointed by the

freemen in the state at large. This makes him dependent on them. The

collectors are scattered in every part of the state; and if the trezurer

iz not agreeable to them, az he wil not be, if he iz rigorous in

enforcing collections, they can render him unpopular and throw him out

of office. This iz an evil; besides, the constables, who are collectors,

are appointed by the towns; if they are rigorous in their duty, they are

liable to looz their office; or what iz worse, they may set up az

candidates for the legislature, and by an influence arizing from their

power in exacting taxes with a greater or less degree of rigor, procure

an election to an employment for which they are wholly unqualified.

When a considerable number of collectors hav obtained seets in the

legislature, they are ever reddy to delay or suspend the collection of

taxes. This iz not the worst part of the system. The method of obtaining

the money in default of the collectors, iz tedious, expensiv,

ineffectual, and in short ridiculous. When a collector iz in arreer, a

distress issues from the trezury against hiz estate. Upon a return of

_non est_, or in case of the collector's insolvency, execution issues

against the selectmen of the town, whose estates are liable for the

arreerages of taxes. The selectmen then levy a tax upon the inhabitants

to indemnify themselves.

It would be endless to enumerate the evils arizing out of this mode of

collection. If the trezurer was appointed by the legislature, with power

to name his collectors and call them to account; and if collectors were

obliged to giv bonds with sufficient security to save the state from

loss, which security should be liable to distress immediately on failure

of the collector, the taxes would be collected with promptitude and a

great saving of expense.

It may be obzerved, that the faults of the constitution are ascribeable

to the ancient simplicity of the New England peeple, and the corruptions

of the administration hav grown out of the long tranquillity of the

state. While the peeple had perfect confidence in their rulers, they

were not disposed to disobey the laws; and while there were few

opportunities of corruptions, there might be no instance of

maladministration, so obvious or atrocious az to alarm enquiry, and

excite peeple to change laws and forms, to which they had been

familiarized. The inconveniencies resulting from a union of the

legislativ and judicial powers in the same hands, were not so great az

to be sensibly felt by the public; and habits of respect for men in

office, and submission to law, had rendered men credulous and

unsuspecting. To this day, it iz difficult to make the inhabitants

beleev that their rulers and magistrates can betray a public trust. Till

within two yeers, the guvernor, deputy guvernor, judges of the superior

court, or two justices of the peece, could draw upon the trezury of

Connecticut, without their accounts being examined by any controller or

auditor.

Before the legislature could be persuaded to institute a controller's

office az a check upon the trezury, it waz necessary to exhibit to them

strong proofs of maladministration in that department; and the evils

arizing from the prezent mode of collecting taxes, must be obvious and

great, before they wil make any change in the system. Men are guverned

by habit. The first laws of a country take their complection from the

peculiar cast and circumstances of the peeple; and then the laws in turn

contribute to form the manners of succeeding generations. The state of

Connecticut iz an illustrious example of this truth. By its situation,

it can never be expozed to sudden changes by an influx of foreigners. It

haz no great capital, no general mart where all business centers; it haz

very little intercourse with Europe; and the communication by water

between New York and Rhode Island iz so direct, eezy and cheep, that for

nine months in the yeer, few peeple travel thro Connecticut. For theze

reezons, ancient manners and habits will be prezerved longer in this

state than in most of the others.

There iz one article in the constitution of this state that merits

notice and imitation, because it iz equally singular and excellent. It

iz the manner of electing the assistants or senators of their own

legislature, and the members of congress. Theze are elected by the

freemen at large in the whole state. The number of senators iz twelve,

and chosen annually in this manner. In September, the _freemen_ assemble

in the towns and vote for twenty persons, by ballot; the votes are all

returned to the legislature in October, and numbered; and the twenty

names that hav the most votes are said to stand in _nomination_, and are

published by order of assembly. The next April, the freemen assemble

again, and vote by ballot for _twelv_ of the _twenty_, and the _twelv_

persons who hav the most votes, are elected. Representatives in congress

are chozen in a similar manner. The great excellence of this mode of

choozing iz, it holds up to public view, six months before election,

the karacters who are candidates; peeple hav an opportunity of enquiring

into their merits, that they may select from the whole thoze who are the

leest exceptionable.

It iz also a singular advantage that one branch of the legislature

stands upon the suffrages of the whole. If a man's nabors take a dislike

to hiz public or private conduct, they wil, if possible, dismiss him

from office. This iz the great misfortune of small district elections,

for it often happens that a man's integrity and independence in public

mezures, are most likely to render him unpopular among hiz nabors; and

sometimes small domestic occurrences may turn the tide of favor against

him. But when a man iz elected by a large district, he iz not expozed to

this evil; and nothing short of a general opposition to popular mezures

will shake him from hiz elevation. Theze remarks hav been repeetedly

verified in Connecticut. The independence of the senate, owing mostly to

this article in the constitution, haz several times saved the state from

the most disgraceful acts.

The representativs are chozen twice a yeer, for there are two regular

sessions of the legislature. This iz an inconvenience, but not so great,

az it appears to our suthern nabors; for the freemen meet in towns,

which are but about six miles square; so that they can go from home,

make a choice, and return in three hours.

The regularity of theze meetings iz incredible to strangers, accustomed

to the tumultuous elections in England and the suthern states. No man

dare solicit for the votes of hiz nabors, nor ever offers himself a

candidate by advertizing. The freemen meet in some public bilding,

uzually a church, seet themselves, heer the law red respecting

elections, and proclamation iz made that they prepare their ballots for

the officer to be chozen. The constables then carry a hat to every

freeman and take the votes, which are counted by the civil authority,

and the choice declared in the meeting. Thus the representativs are

elected; but the ballots for guvernor, deputy guvernor, senators, and

delegates to congress, are seeled up, and sent to Hartford, where they

are numbered at the annual election in May. The choice iz conducted with

neerly the same sobriety az public worship on Sunday. How different the

elections in the suthern states, where I hav seen candidates march at

the hed of their adherents, armed with clubs, and force their way to the

place of election, and by violence thrusting away their rivals! It is a

misfortune in thoze states, that the freemen of a _whole county_

assemble at elections. This iz one principal cause, why the elections

are attended with tumults, riots, quarrels, bloody nozes, and in a few

instances, with deth. The laws of a republic should gard against all

large collections of peeple either for good or bad purposes: They are

always dangerous. Rome furnishes innumerable lessons on this subject;

and if the suthern legislatures attend to facts, they wil doubtless

divide their counties into small districts for the purpose of election,

and hav the choice completed in one day; that the candidates might not

be able to hed their frends in more places than one. It iz of infinit

consequence that the pernicious influence of elections should be

destroyed.

Religion in Connecticut haz the support of law. Contracts with clergymen

are valid in law, and every man iz compelled to pay hiz proportion of

taxes to pay the salary of the minister of the parish where he resides,

unless he produces du proof that he attends worship with some dissenting

congregation; in which case he iz excuzed. This iz considered by

strangers az a hardship: But it produces few inconveniencies in a state

where there are few dissenters from the common worship; and theze few

are exempted, if they attend _any_ religious worship. Every person iz

indulged in worshiping az he pleezes; and whatever modern liberality may

pretend, the regular preeching of the gospel, az a _civil_ institution,

iz az necessary and useful, az the establishment of skools or courts of

justice. Without any regard to compulsion over consciences, or any

reference to a future life, a legal provision for the moral instructors

of men, iz az beneficial in society, az any civil or literary

institution whatever; and a commonalty, who hav not the benefit of such

instruction, wil, I presume to assert, always be ignorant, and of ruf

uncivil manners. It iz an article of some constitutions in America, that

clergymen shal hold no civil office. This exclusion iz founded on just

az good reezons, az the old laws against witchcraft; a clergyman being

no more dangerous in a civil office, than a witch in civil society. It

iz said that the business of clergymen iz divine and spiritual, and that

they should hav no concern with politics. The objection iz equally good

against merchants, mechanics and farmers, who hav no immediate concern

with legislation. The truth iz, every citizen haz a concern in the laws

which guvern him; and a clergyman haz the same concern with civil laws,

az other men. There hav been bad clergymen and tyrannical hierarkies in

the world; but the error lies in separating the civil from the

ecclesiastical government. When separated they become rivals; when

united, they hav the same interest to pursu. A clergyman's business iz

to _inform_ hiz peeple, and to make them _good men_. This iz the way to

make them _good citizens_. The clergymen in Boston take the right method

to accomplish this business; they throw aside all _divine airs_ and

imperious grave superiority; they mingle in the most familiar manner,

with other peeple; they are social and facetious, and their parishoners

delight to hav them at all entertainments and concerts. This conduct

remoovs the awful distance between them and other descriptions of men;

they are not only esteemed and respected, but luved; their decent

deportment iz imitated; their churches are crowded, and their

instructions listened to with plezure. Such men are blessings to

society. That clergymen ought not to meddle with politics, iz so far

from truth, that they ought to be _well_ acquainted with the subject,

and _better_ than most classes of men, in proportion to their literary

attainments. Religion and policy ought ever to go hand in hand; not to

raize a system of despotism over the consciences, but to enlighten the

minds, soften the harts, correct the manners and restrain the vices of

men. If men are to be fitted for heaven, it _must_ be by theze meens;

there iz no other way. The separation of religion and policy, of church

and state, waz owing at first to the errors of a gloomy superstition,

which exalted the ministers of Christ into Deities; who, like other men,

under similar advantages, became tyrants. The way to check their

ambition, and to giv full efficacy to their administrations, iz to

consider them az _men_ and _citizens_, entitled to all the benefits of

guvernment, subject to law, and designed for _civil_ az wel az

_spiritual_ instructors.

The state of New York waz settled with views, widely different from

thoze which actuated the New England puritans. Some Dutch merchants

first established factories at Albany and on Manhattans, now York

Island, for the purpose of opening a fur trade. When the province came

into the possession of the English, several gentlemen of property took

up large tracts of lands, which, being regulated by the English laws of

descent, continued unbroken, til the late revolution. But many of the

proprietors of theze manors, espousing the royal cause in the late

contest, left their estates, which were of course confiscated and sold

by the state. This circumstance waz fatal to many large manors; and a

law of the state, enacted about the yeer 1781, which breaks the present

and bars all future entailments, wil in time divide the large estates

which remain unbroken. The Dutch possess the most fertile parts of the

old settlements; az Ulster and Claverak counties, part of Albany and

Kings county, on Long Island. They are honest and economical, but

indolent, and destitute of enterprize; so that the state wil be mostly

indetted to emigrants from New England, for its future population and

improvements.

New York city iz the most favorable stand for a great commercial port on

the united states. Men may indulge themselves in rapsodies, about the

Potomack, the Ohio and the Missisippi; but no part of theze states,

eest of the Allegany, wil ever rival New York, and it iz doutful whether

the same conveniencies for business unite on any part of the Missisippi.

New York iz the center of the commerce of all the territory, between the

western boundary of Rhode Island and the middle of New Jersey, from the

Atlantic neerly to the borders of Canada; a district of two hundred

miles by two hundred and fifty. And the geography of the country tells

us, that no part of Atlantic America can claim the same extensiv

advantages. New York iz not eezily defended in time of war, and

therefore, without a navy, iz not a safe place for an arsenal; but West

Point, sixty miles abuv the city, on the Hudson, iz the most impregnable

fortress in America.

Before the revolution, the guvernment of New York waz under the

influence of the crown of Great Britain, the guvernor and council being

appointed by the king. It waz illiberal in the preference given to the

episcopal church; no other denomination of Christians being able to

obtain any corporate establishment. The same illiberal preference waz

discuverable in the institution and guvernment of the college, now

called Columbia college, in which dissenters of any description could

not hav a share. The revolution haz effected a change in theze

particulars. Dissenting churches, which are the most numerous in the

state, are or may be incorporated; and education begins to be encuraged

by the laws. A university iz established, with a power of superintending

and regulating skools throughout the state; but provision iz not made

for maintaining common skools in every quarter of the state. Ignorance

stil prevails among the yemanry; and this enables certain designing

karacters to exercise a pernicious influence in the guvernment.

The territory of New Jersey originally belonged to two, and afterwards

to many proprietors, who appointed the guvernors. But in the reign of

queen Ann, the guvernment waz resigned to the crown, and for a number of

yeers, the guvernor of New York waz also guvernor of the Jersies, altho

eech province had a distinct assembly. The heirs of the original

proprietors, or their purchasers, stil hold the soil. There are in this

state many large estates, but an entailment iz good only to the first

donee in tail; the estate, on hiz deth intestate, being divided equally

among hiz heirs. In general the laws of New Jersey are highly

republican; but they make no provision for a general diffusion of

knowlege. Many of the yemanry are extremely ignorant. The college at

Princeton iz a very valuable institution; but so little concern haz the

legislature for the interest of lerning, that the funds of that college

are taxed by law.

The present constitution of New Jersey iz liable to few exceptions; but

the state iz divided into two parties which often agitate the

guvernment. Az the cause and effects of the controversy which began and

stil continues theze parties, are little known to their nabors, I beg

leev here to offer a concise state of the facts from unquestionable

authority.

James, duke of York, in June 1664, conveyed New Jersey to John, lord

Berkeley, and Sir George Carteret, in fee. The bounds of the territory

granted were, the main see and Hudson's river on the eest, Delaware bay

or river on the west, Cape May on the south, and on the north _the

northernmost branch of Delaware bay, or river, which iz forty one

degrees and forty minutes of latitude, crossing over thence in strait

line to Hudson's river, in forty one degrees of latitude_.

Some intermediate conveyances of lord Berkeley's undivided half part

were made, but need not be here recited. On the first of July, 1676, waz

executed a quintipartite deed, between Sir George Carteret, and the

grantees of lord Berkely, by which the territory waz divided; Sir George

Carteret releesing all the western part to the grantees of Berkeley, and

the latter releesing the eestern part to Sir George. The line of

partition, which originated all the subsequent disputes, iz thus

described in the deed: "Extending eestward and northward along the see

coast and the said river, called Hudson's river, from the eest side of a

certain place or harbor, lying on the suthern part of the same tract of

land, and commonly called and known in a map of the same, by the name of

_Little Egg Harbor_, to that part of the said Hudson's river, which iz

in forty one degrees of latitude, being the furthermost part of said

tract of land and premises, which iz bounded by the said river, and

crossing over from thence in a strait line, extending from that part of

Hudson's river aforesaid, to the northernmost part or branch of the

before mentioned river, called Delaware river, and to the most northerly

point or boundary of the said tract of land and premises, granted by hiz

royal highness, James, duke of York, to lord Berkeley and Sir George

Carteret."

A difficulty aroze about the northern point of partition; the duke of

York's grant making the northernmost branch of Delaware bay or river to

be in _forty one degrees and forty minutes_ of latitude; and declaring a

line from this point to the latitude of _forty one_ on Hudson's river,

to be the northern boundary of New Jersey. Disputes aroze, and the

legislature of New Jersey, in 1719, passed an act, declaring that a

partition line between Eest and West Jersey, shall be run _from the most

northerly point or boundary of the province, on the northernmost branch

of Delaware river_, to the most sutherly point of Little Egg Harbor.

Commissioners were appointed for this purpose, and also for running the

line between New York and New Jersey. They met with commissioners from

New York, but could not agree, and left the business unfinished. In

1741, another attempt waz made by Mr. Alexander, surveyor general of

both divisions, but obnoxious to the West Jersey proprietors. He began

to run the line, but some errors he committed, or bad instruments,

prevented the completion of the business; he stopped half way. Disputes

ran high, and were attended with riots, till the yeers 1762 and 1764,

when by a law of New York and another of New Jersey, it waz agreed the

line between the provinces should be run by commissioners to be

appointed by the crown. To this agreement the proprietors of West

Jersey az well az Eest, were parties. The commissioners met, fixed the

two station points between New York and New Jersey, one at a rock on

Hudson's river, in forty one degrees of latitude, the other at the forks

of the Delaware, at the mouth of the river Makhakamak, in latitude 41°.

21'. 37". This point on Delaware iz _eighteen minutes twenty three

seconds_, to the suthward of the _northern boundary_ of New Jersey, az

described in the duke of York's grant to the first proprietors; which

waz, on the _northernmost branch of Delaware river, which iz forty one

degrees forty minutes_ of latitude.

Both parties appeeled to the crown, but without success. Acts were

afterwards passed, both by New York and New Jersey, confirming the line

between the provinces, and theze acts receeved the approbation of the

king in council. This waz an amicable settlement between the two

provinces; and it waz expected that the _northern limits of New Jersey_

and the _station points_ on both rivers, being fixed by law, nothing waz

necessary to quiet all parties, but to run the line from the north

station point on Delaware to Little Egg Harbor.

A correspondence for this purpose took place between the proprietors of

Eest and West Jersey; but before the matter waz completed the war

commenced. Since the war, the controversies hav been revived, and

divided the state into violent parties. It seems the proprietors of Eest

Jersey expected the _north station point on Delaware_ would hav been

fixed az high az _forty one degrees forty minutes_, the point described

by the original grant from the duke of York. This would hav carried the

limit of the state about eighteen miles further north on the Delaware

side. Now there iz a bend in the Delaware, at the forks, so that the

station point az now fixed, iz carried further eest than it would be,

had it been fixed in _forty one degrees forty minutes_; so the decision

of the commissioners waz in favor of the West Jersey proprietors. From

the forks, the river bends its course westerly of north, and from a

point eighteen miles north, a line to Little Egg Harbor, would leev an

angle containing several thousand akers of land, in Eest Jersey. This iz

a short state of the origin and progress of a controversy, which stil

agitates the state and disturbs the peece of their guvernment; the

jealousies between Eest and West Jersey being almost az great az between

the northern and suthern states, upon a question respecting the seet of

guvernment, or any other matter of little consequence to the union. The

contest however iz of magnitude to both parties in New Jersey, az the

lands in dispute hav been settled upon doutful titles; and altho an act

of the legislature may establish theze, yet the loozing party wil expect

a compensation.[158]

[158] The foregoing facts are taken from Leaming and Spicer's

Collection; a concise view of the controversy, &c. published

in 1785; and from the acts of the legislature of New Jersey.

The commerce of New Jersey iz almost wholly carried on thro New York and

Philadelphia. Its situation, between two large commercial towns,

resembles that of Connecticut; but in one respect, the latter haz the

advantage, viz. that of a butiful navigable river, penetrating the state

and affording the best conveniences for a trade to the West Indies. The

legislature of New Jersey hav attempted to call home the trade of the

state, by holding out liberal encouragement for direct importations from

abroad, and making free ports. Perth Amboy affords a fine harbor, but it

iz difficult, perhaps impossible, to raize a rival in the naborhood of

New York. New Jersey and Connecticut wil find their interest in

encuraging manufactures.

Pensylvania waz settled by a religious sect, remarkable for their

sobriety, industry and pacific disposition. Mr. Penn, the first

proprietor of the province, waz a man of superior talents. The free

indulgence given to all religious denominations, invited settlers from

England, Germany and Ireland, and the population of the province, with

the consequential increese of the valu of lands, waz rapid beyond any

thing known in the other colonies. The province however waz harrassed

with disputes between the acting guvernors and the commons. The

proprietary, who waz the guvernor, usually rezided in England;

appointing a deputy with a council, to act for him in the province. The

proprietaries were often selfish, and made demands upon the peeple,

which their sense of liberty and right would not permit them to grant.

The quit-rents, paper currency, and some other matters, were constant

subjects of altercation, whenever the assembly convened.[159]

[159] See Dr. Franklins Review of the guvernment of

Pensylvania.

The long and violent opposition to the influence of their proprietaries,

who were abroad, and often considered az hostile to popular privileges,

together with the beneficial effects of a paper currency, during the

infant state of the province, may be the reezons why the constitution of

Pensylvania, formed at the revolution, verged too much towards an

extreme of democracy;[160] and why the legislature of that state waz the

first to issue a paper currency, after the war. The old republican

patriots, who had resisted, with success, the encroachments of arbitrary

guvernors and kings, determined to frame a constitution, which should

prevent the interference of a guvernor and council in acts of

legislation; and men who had seen the _good_ effects of paper currency,

without its _evils_, would be the first to recommend it. It iz natural;

men are guverned by habit.

[160] The powers of legislation by the late constitution,

were designed to be vested in the peeple; but in fact were

vested no where. The pretended legislature consisted of but

one house; and no bill, except on pressing occasions, could

be passed into a law, until it had been published for the

assent of the peeple.

At the revolution in 1776, the representativs of the province, acting on

the principle that public good transcends all considerations of

individual right, assumed the reigns of government, formed a

constitution for the purpose, and divested the proprietaries of both

territory and jurisdiction. They gave them however, 130,000l. sterling

in lieu of all quit-rents, and rezerved to them considerable tracts of

land. The first constitution, like that of the Netherlands, waz framed

upon the ruins of oppression, and with a too jealous attention to

popular rights. It waz defectiv in the most material articles, and a few

yeers experience induced the peeple to adopt another form, more

analogous to thoze by which her sister states are guverned.

The laws of Pensylvania, respecting inheritances, hav not barred

entails; but az entails may be docked by the English finesse of common

recoveries; az the divisions of lands favor equality, az wel az the

genius of the peeple, there can be no apprehensions of an aristocratical

influence from large possessions of real estate. A single man may hold

real or personal estate to such an amount, az to hav an undu influence

in politics and commerce. When a man haz become so powerful that hiz

nabors are afraid to demand their rights of him in a legal way; or when

a town or city iz so far under hiz control, that the citizens are

generally afraid of offending him, he iz or may be a dangerous man in a

free state, and a _bad_ man in any state. A Clive and a Hastings are az

dangerous in a state, az an Arnold or a Shays, if they hav the same evil

propensities; for thoze who oppoze law, are generally punished; but

thoze who are abuv law, may do injustice with impunity.

The peeple in Pensylvania may be included under the three denominations

of _Frends_, _Germans_, and _Irish desendants_. The _Frends_ and

_Germans_ were the first settlers, and for the most part liv between the

Delaware and Susquehanna. Theze are peeceable and industrious peeple.

The Irish or their desendants, inhabit the western counties; they are

industrious, but not so wel informed in general, az the inhabitants of

some older counties, and at times hav been turbulent citizens. It waz

the misfortune of this, az of all the suthern states, that no provision

for public skools waz incorporated into the original fundamental laws.

Without such a provision, it iz not possible that a body of freemen

should hav the reeding necessary to form just notions of liberty and

law. This defect wil probably be supplied by the new constitution and

the future laws of the state. The number of colleges and academies

alreddy founded and endowed, proov the disposition of the legislature to

encurage science. The only difficulty iz to persuade an agricultural

peeple to settle in villages or clans, for the purpose of maintaining a

clergyman and skoolmaster; and thus to carry into effect the wise and

benevolent designs of their rulers.

Philadelphia iz a great commercial city; but it iz questioned whether

commerce wil giv it a future growth equal to that of New York. The

future population of the suthern part of New Jersey, and the peninsula

between the Chesapeek and the Atlantic, wil not add much to the trade of

Philadelphia. The naborhood of the city and most of the lands towards

Lancaster and Bethlehem, are alreddy wel settled. About seventy three

miles west of Philadelphia runs the Susquehanna; a river not indeed

navigable at the mouth, but with some portages, capable of opening a

communication by water from Wioming to the Chesapeek; and should canals

be opened to avoid the falls and rapids, the trade of the state, quite

to the bed of that river, wil center in Baltimore. At any rate Baltimore

and Alexandria wil command most of the trade west of the Susquehanna; so

that Philadelphia must depend mostly, for the increese of her business,

on the population northward, about the hed of the Deleware. The commerce

however wil always be considerable, and the spirit of the citizens in

establishing manufactures, promises a great extension of the city.

The state of Pensylvania waz, for many yeers, agitated by a territorial

controversy with Connecticut; the history of which iz breefly this.

King James I. in 1620, made a grant to a number of gentlemen, called the

_Plimouth Company_, of all the lands in North America, included between

the 40th and 48th degrees of latitude, _throughout all the main land

from see to see_; except such lands az were then settled by some

Christian prince or state. The only settlements at that time north of

Virginia, were at New York and Albany, on the Hudson.

In 1628, a number of gentlemen obtained from the company a grant of

lands, bounded on the north, by a line three miles north of Merrimak

river, and on the south, by a line three miles south of Charles river,

_throughout the main lands from the Atlantic on the eest, to the South

See, on the west_. This waz the first grant of Massachusetts.

In the yeer 1631, Robert, erl of Warwick, president of the Plimouth

company, granted to lord Say and Seal, and lord Brook, all that part of

New England, extending from Naraganset river, the space of forty leegs

on a strait line, neer the see coast, north and south in latitude and

bredth, and in length and longitude of and within all the aforesaid

bredth, _throughout all the main lands from the western Ocean to the

South See_. This grant waz confirmed by the charter of Charles II. dated

April 23, 1662, with a similar description of the territory.

In 1664, king Charles II. gave hiz brother a tract of land in America,

the description of which iz not wholly consistent or intelligible; but

one part of the grant interfered with the Connecticut patent, and

disputes aroze, which were amicably settled by commissioners in 1683;

the line between Connecticut and New York being fixed at Byram river,

about twenty miles eest of the Hudson.

In 1680, Sir William Penn obtained from the crown a tract of land,

extending from twelv miles north of New Castle, on the Delaware, to the

forty third degree of latitude, and from the Delaware westward five

degrees of longitude. This grant interfered with the patent of

Connecticut, provided the grant to the guvernor and company of

Connecticut should be extended west of New York, according to the words

of that and the other grants of New England. Mr. Penn took care to gain

a just title to hiz patent by bona fide purchases of the Indians, who

possessed the soil. But the question iz, whether he had a right of

pre-emption to lands before granted to other men; and whether the king's

grant to him could be valid, so far az it cuvered lands alredy conveyed

by the crown to a company, which had begun settlements upon the grant.

The Pensylvanians contended that, the geografy of this country being

little known in England, az all the maps and charts at that time were

imperfect and erroneous, it must hav been owing to an ignorance of the

distance from the Atlantic to the South See, that the grants were made

to run thro the continent: That Mr. Penn had acquired the best of titles

to the lands in dispute by fair purchase from the nativ proprietors: And

that Connecticut, by a settlement of her boundary with New York, had

fixed her western limits, and relinquished all claim to lands west of

New York.

While any part of Connecticut, eest of New York, remained unlocated, the

inhabitants suffered their claims westward to lie dormant. But about the

yeer 1750, the whole of this territory waz located, and the peeple began

to think of forming a settlement west of Delaware river. They however

knew that the lands were claimed by Pensylvania, and to remoov all douts

az to the validity of their own title, requested the opinions of the

most eminent council in England, upon their right by charter to the

lands in question. They receeved for answer, that the grant to the

Plimouth company, did extend to the westward of New York: That the

settlement of the boundary line between New York and Connecticut, did

not affect their claims to lands in other parts: And that, the charter

of Connecticut being of a prior date to that of Sir William Penn, there

waz no ground to contend, that the crown could make an effectual grant

to him of that country which had been so recently granted to others.

This answer waz so decisiv and cleer in favor of their claim, that they

proceeded to locate and settle the lands on the Susquehanna river,

within the latitude of the Connecticut charter. It seems however that a

few scattering settlements had been made within the same latitude, on

the opposit side of the river, under Pensylvania locations. The settlers

soon came to an open quarrel, and both states became interested in the

controversy. The dispute however subsided a few yeers during the war,

til finally both states submitted their claims to the _jurisdiction of

the territory_, to a federal court, which waz held at Trenton, in

November, 1782. The decision of this court waz in favor of Pensylvania,

and Connecticut acquiesced.

Dissatisfied with this decree, the settlers under Connecticut and

individual claimants, determined to maintain their _right to the soil_,

which they had possessed more than twenty five yeers; and to submit this

also to a federal court. No court however waz ever held for the purpose;

the claimants not finding any support from the guvernment of

Connecticut. The settlers, amounting to many hundreds, remained upon the

soil. Pensylvania, by a precipitancy arising out of an imperfect frame

of guvernment, resolved to take possession of the lands, and sent an

armed force for the purpose. This mezure waz rash, especially az the

principal settlers had taken the oath of allegiance to that state, and

were willing, if they could be quieted in their possessions, to becum

good and peeceable citizens. Tumults followed; the history of which

would be disagreeable to most reeders. At length, Pensylvania passed a

law to quiet thoze who were actual settlers before the decree at

Trenton, in the possession of their farms, amounting to about three

hundred akers eech. The territory waz erected into a county, by the name

of Luzerne, in honor of the French minister of that name. Colonel

Pickering waz appointed Prothonotary[161] of the county. This gentleman

haz suffered much in reconciling parties; but hiz integrity, zeel,

prudence, and indefatigable industry, bid fair to meet with merited

success in quieting disorders and establishing guvernment.

[161] Clerk or register.

In this controversy, several questions arize. First, What right had the

crown of England to the lands in North America?

I answer, the _right of discuvery_. This right, however the law of

nations may hav considered it, does not in fact entitle a prince or

state to the soil, even of an uninhabited territory; much less, of

lands possessed by any of the human race. It entitles the discuvering

nation to a preference in forming settlements or occupying vacant lands.

And this right iz derived rather from the common convenience of nations,

or the necessity of some principle by which to prevent controversy, than

from any connection between _discuvery_ and a _title to property_.

Secondly, What right could the grantees derive from a royal grant of

lands in America?

I answer, merely a _right of pre-emption_, or a preference in purchasing

the lands of the proprietors, the nativ Indians.

Thirdly, The guvernor and company of Connecticut, by the prior date of

their charter, having the right of pre-emption to all the lands cuvered

by the charter, could Mr. Penn acquire a title to any of the same lands

by pre-emption?

On legal principles he certainly could not.

The only substantial ground of title which Pensylvania could hav to the

controverted lands, waz, that Connecticut, by neglecting to purchase of

the Indians, might forfit their right of pre-emption, and leev the

territory open to any purchaser whatever; so that Mr. Penn or hiz heirs

might acquire a good title by first purchase. Whether Mr. Penn actually

acquired such a title or not, I am not possessed of documents to decide.

That the first grant of New England actually extended to the Western or

Pacific Ocean, cannot be denied; and congress hav admitted the claim, by

accepting from Connecticut a cession of lands west of Pensylvania.

Connecticut however stil holds a tract of one hundred and twenty miles,

west of that state, which iz now for sale. The state of Massachusetts

haz a similar claim to lands west of New York state; and the line

between the two states haz lately been settled by commissioners. At any

rate, the controversy between Connecticut and Pensylvania waz finally

terminated by the decree of Trenton, and it iz to be wished no future

altercation may disturb the states or individual proprietors.

The small state of Delaware resembles Pensylvania in respect to its

history and guvernment.

Maryland waz settled by Roman Catholic emigrants, from England and

Ireland, under lord Baltimore. Large grants of land were carved out to

individuals, and slaves purchased from Africa to cultivate the soil.

Some of the largest estates in America lie in Maryland. The guvernment

waz formerly in the hands of the proprietary; but the peeple, at the

revolution, assumed it. Mr. Harford, the natural son of lord Baltimore,

inherited hiz property in Maryland; but being an absentee during the

war, hiz estates were confiscated, and on petition, the legislature

refuzed him even the arreerages of rent, du at the commencement of

hostilities.[162]

[162] See the proceedings of the legislature of Maryland in

1785.

The present constitution iz in general excellent; and particularly in

the establishment of an independent senate. In a popular state, nothing

contributes so much to stability and safety, az an independency and

firmness in one branch of the legislature. This state however, like its

nabors, iz remarkable for tumultuous elections; a malpractice that haz

existed from its first settlement; a practice which wil sooner or later

proov fatal to the attempts of merit in obtaining offices, and sap the

foundation of a free guvernment.

The body of the peeple are ignorant. I once saw a copy of instructions

given to a representativ by hiz constituents, with more than a hundred

names subscribed; three fifths of which were marked with a cross,

because the men could not write. Two or three colleges, and some

academies and private skools, constitute the principal meens of

instruction in this state, and most of theze are of a modern

establishment. A few large towns only giv good encuragement to skools

and the clergy.

Maryland continues to receev multitudes of emigrants from Europe, and

many of them are of the poorest class. From several months rezidence in

Maryland, I am inclined to beleev, there are more vagabonds in

Baltimore and the vicinity, than in all New England. But Maryland must

decide upon the public benefit derived from this unrestrained admission

of foreigners.

Virginia waz settled _eight_ yeers before New York, and _fourteen_

before New England. This circumstance haz given the state the quaint

appellation of the _ancient dominion_. The divisions of property are

large, and the lands cultivated by slaves. Entailments of land were

barred before the revolution; but real estate iz not liable for det upon

an execution. It appeers strange at first view, that men should exempt

their lands from this liability, and at the same time, suffer their

persons to be imprizoned for det: The singularity however iz eezily

accounted for, by their karacteristic attachment to _large estates_, or

rather to the _name_ of possessing them. When a man's consequence and

reputation depend principally on the quantity of land and number of

negroes _he iz said to possess_, he will not risk both for the sake of

hiz creditors. The passion for the _name of a planter_, absorbs all

other considerations. I waz once present at an entertainment, given by a

_yung planter_ in Virginia, who had _much land_ and _many slaves_. He

aroze at two o'clock next morning, pawned hiz knee buckles and some

other articles, gave hiz landlord a note for about sixty dollars, and

rode off without paying hiz hair-dresser. But he waz _said_ to be a man

of property. Many of the planters are indeed nominally rich; but their

dets are not paid. I waz told by wel informed planters, that some whole

counties in Virginia would hardly sel for the valu of the dets du from

the inhabitants. The Virginians, it iz tru, owe immense sums to British

merchants, and the difficulty of paying them might be a principal reezon

for suspending the collection by law, at the cloze of the war; but that

the real estates of a whole county would not discharge the dets of it,

iz not to be beleeved.

A large part of the peeple in Virginia hav not the meens of education.

The dispersed situation of the planters in the suthern states, renders

it impossible for all to hav access to skools. The university of

Williamsburg, and a few academies in large towns, constitute the

principal meens of education in Virginia; and the same remark iz

applicable to all the suthern states. But a small proportion of the

white children can reep any advantage from theze institutions. Since the

revolution, the legislatures of all the suthern states hav shown a

dispozition to giv liberal encuragement to the education of every rank

of citizens; but the local circumstances or habits of the peeple throw

innumerable obstacles in the way of executing their patriotic designs.

Gentlemen of property, reziding on their plantations at a distance from

a village, wil sometimes hire a private instructor in their families;

but theze instructors must be vagabonds, for the most part; az the

gentlemen wil not admit that a _skoolmaster_ can be a _gentleman_; in

consequence of which opinion, most or all teechers are excluded from

genteel company. While this iz the case, men of good breeding wil not be

found to teech their children. An exception must be made of _grammar

masters_, az they are called; for a man who can teech Latin, they

suppoze, may be a _decent_ man, and fit for gentlemen's company.

Religion fares worse in Virginia than education. Before the war, the

episcopal waz the established religion of the province, and the churches

were liberally endowed by law. A parish usually contained four churches,

in eech of which a clergyman officiated in rotation, one Sunday in a

month. But this greevous burthen waz remooved by the revolution, and

great numbers of parishes hav no officiating minister. A motion waz brot

forward in 1785, to make some legal provizion for supporting clergymen;

but the proposition waz suspended til the next session of the

legislature. In the meen time a pompous retorical memorial waz

circulated and subscribed, in oppozition to the mezure. The arguments

uzed against any ecclesiastical establishments were splendid, _liberal_

and efficacious; and at the following session, the legislature passed a

declaratory argumentativ resolv against giving religion any

establishment and protection.[163]

[163] Virginia however iz not alone in this mezure. Rhode

Island formerly took the same steps, and stil adheres to its

_liberality_.

When men hav thrown off a restraint that iz disagreeable and

unreezonable, it iz to be expected that they wil run into the extreme of

licentiousness. Yet it iz one of the most difficult problems in the

history of theze states, that the liberal and eminently lerned men, who

conduct the guvernment of Virginia, (and many of their leeding karacters

are of this description) should not view the ministers of religion, in

America, az destitute of that odious and tremendous authority over human

consciences, which waz assumed under the papal hierarky. I can hardly

beleev a man of reeding and reflection to be serious, when he asserts

that legislatures hav no right to compel the subject to _contribute to

the support of clergymen_, because they hav no authority _over men's

consciences_. Neether clergymen nor human laws hav the leest authority

over the conscience; nor iz any such power implied in a law compelling

every citizen to contribute annually to the support of a clergyman. But

any sovereign authority may justly command the citizens to establish and

attend religious assemblies, az wel az to meet for the choice of

representativs, or send their children to a skool; powers which were

never questioned. A man iz not bound in conscience to beleev all the

instructions of hiz preceptor; nor are the citizens compellable to

beleev the opinions and decisions of a court of justice; but the

legislature haz a right to compel every citizen to pay hiz proportion of

taxes to maintain preceptors and judges. This iz precisely the fact with

respect to a legal support of clergymen.

No man iz bound in law or conscience to beleev all a preecher says; but

the whole question iz this; are clergymen, az moral instructors, a

beneficial order of men? Haz their ministration a good effect upon

society? If this should be admitted, there iz no more dout of the right

of a legislature to support such men by law, than there iz of their

right of instituting universities or courts of justice. That enormous

error which seems to be rivetted in popular opinion, _that the functions

of clergymen are of a spiritual and divine nature, and that this order

of men should hav no concern with secular affairs_, haz laid the

foundation of a separation of interest and influence between the civil

and ecclesiastical orders; haz produced a rivalship az fatal to the

peece of society az war and pestilence, and a prejudice against _all

orders_ of preechers, which bids fair to banish the "gospel of peece"

from some parts of our empire. The Kristian religion, in its purity, iz

the best institution on erth for softening the ferocious tempers, and

awakening the benevolent affections of men. To this religion, Europe and

America are indetted for half their civilization. There hav been

periods, when mankind hav suffered from ecclesiastical tyranny; but

information iz demolishing all systems of despotism, civil and

ecclesiastical. And when the clergy themselves leev all rangling about

speculativ points, which neether they nor philosophers understand, and

confine themselves to publishing and enforcing the benevolent precepts

of a gospel which breethes nothing but universal luv and peece to all

mankind, they wil remoov the prejudices against their order, they wil be

_really_ the messengers of peece, they wil conciliate affection, and

thus open the harts of men to receev impressions of virtue, they wil

make men good citizens here, without which they are never prepared to be

members of a heavenly society; and finally they wil establish a

_rational moral influence_ over an enlightened peeple, equally fatal to

the declamation of ranting fanatics, and the pernicious amusement of

gambling at inns and horse-races.

In the Carolinas and Georgia, we find the state of property, literature

and religion, resembling that in Virginia and Maryland. Charleston iz

remarkable for its hospitality and good order. But in the states south

of Pensylvania and Delaware, the divisions of property, the habits of

the peeple, and the dispersed local situation of the planters, are all

unfavorable to improovments of any kind. Men who liv remote from

society, surrounded only by slaves, acquire manners singular and often

disagreeably imperious, ruf and clownish. Urbanity iz acquired only in

societies of wel bred peeple. They cannot hav the benefit of skools and

churches, without which the body of a peeple _cannot_ be wel informed,

and _wil_ not acquire social and virtuous habits. This manner of

settlement therefore, tho it may be necessary and beneficial to

individuals, may be considered az highly inauspicious in a yung country,

whoze constitutions of guvernment are founded on the principle of

equality, and cannot flurish without mildness of manners and a general

diffusion of knowlege.

In the agricultural improovments of the united states, there iz a

remarkable difference, which must hav proceeded principally from the

slavery of the suthern. In Virginia and Maryland, I should question

whether a tenth of the land iz yet cultivated. In New England, more than

half the whole iz cultivated, and in Connecticut, scarcely a tenth

remains in a wild state. Yet Virginia haz been settled longer than New

England.

I once heerd the _Prezident_ remark, "that from the northern to the

suthern states, the agricultural improovments are in an inverse

proportion to the number of slaves." This remark, like the actions of

that illustrious karacter, dezerves to be engraven on monuments of

marble. Slaves hav no motiv to labor; at leest, none but what iz common

to horses and cattle. They want the only stimulus that unites industry

with economy, viz. the prospect of a permanent advantage from their

labor.

It haz been obzerved in Europe, that land rented on long leeses, iz

better cultivated, than that which iz farmed on short leeses. A man who

holds lands in fee, will uze them to the best advantage, for he expects

hiz children wil enjoy the benefit. A man who haz lands on very long

leeses, haz neerly the same motivs to improov them. Tenants for life

wil make the most of lands for themselves; but wil probably leev them in

the most impoverished condition. Lessees for a yeer hav few motivs to

keep a farm in good repair; and slaves are the worst cultivaters on

erth, az they hav the leest interest in the fruits of their labor. One

yeman, who iz master of himself and hiz labors, and eets substantial

food, wil perform the work of four slaves.

This iz not the whole evil. Slaves not only produce _less_ than freemen,

but they waste _more_; every slave, az Dr. Franklin haz remarked in hiz

Miscellaneous wurks, being, from the nature of situation, a _theef_. In

addition to this, wherever slavery exists, a great proportion of

inhabitants are rendered indolent, and indolence iz followed by vices

and dissipation.

Suppoze twenty thousand men to do no productiv business; what an immense

difference wil this make in the cultivation of a state and in the annual

income. In New England every man does some kind of business: In the

suthern states, the proprietors of large plantations do little or no

business. The reezon why the planters make such a profit on the labor of

their slaves iz, that the subsistence of negroes iz not very expensiv.

The northern yemanry not only require more clothing than the suthern,

but they liv on expensiv food and drinks. Every man, even the poorest,

makes use of tee, sugar, spirits, and a multitude of articles, which are

not consumed by the laborers of any other country.[164]

[164] The consumption of beef in New England iz the reezon

why the exports of that article do not exceed thoze of

Ireland. Most of the laboring peeple in New England eet meet

twice a day, and az much az their appetites demand. Suppose

eech person to eet but six ounces a day on an average, which

iz a low estimate, and the inhabitants of New England consume

more than _one hundred million_ pounds of meet, in a yeer. I

do not know what proportion of this iz beef, but the greatest

part iz beef and pork, worth _two pence_, and _two pence half

penny_ a pound. By the best accounts from Ireland, it iz

probable the inhabitants do not consume a _twentieth part_ of

the meet, consumed in the northern states, in proportion to

their numbers. But suppoze they consume a _tenth_; let the

New England peeple reduce the consumption of meet in the same

proportion, and they would save _ninety millions_ for

exportation. This at two pence a pound makes the sum of _two

million five hundred thousand dollars_, which iz a very

handsome commercial income. Let the reduction proceed to all

kinds of food and clothing; let our common peeple liv like

the poor of Ireland in _all respects_, and they would save

twice the sum. I would not recommend this to my countrymen; I

wish them to enjoy good eeting and drinking. But I make theze

estimates to show them that they never wil hav much _money_;

for they eet and drink all they ern.

But however cheep may be the subsistence of slaves, while every thing iz

left to a mercenary unprincipled overseer and to lazy negroes, a state

wil never be wel cultivated. In autumn, 1785, a gentleman in Richmond

informed me he had just carried some manure upon a field _to make an

experiment for the first time_. This fact wil hardly be beleeved in the

northern states. In travelling thro Virginia, from Alexandria to

Williamsburg, and also to Petersburg, I saw not one mill dam, except

what consisted of mere sand, thrown across a streem. The idea of

constructing dams of timber and planks, laid so az to make an angle of

forty five or fifty degrees with the horizon, that it might gain

strength and stability in proportion to the pressure of the incumbent

water, seemed not, at that time, to hav prevailed in Virginia. In a

variety of particulars, the slow progress of invention in the suthern

states, waz equally remarkable.

Slavery iz an evil of the worst kind; this iz generally acknowledged.

But what remedy can be applied? To liberate the slaves at once would be

madness; it would ruin both masters and slaves. To liberate them

gradually, and suffer the freed men to liv with the whites, might giv

rise to discord and tumults. Colonization, by a gradual exportation, iz

an expedient that would be safe and effectual, but cannot be put in

execution. The probability iz, that, in the lapse of time, the blacks

wil all be blended with the whites; the mixed race wil acquire freedom,

and be the predominant part of the inhabitants. This event haz taken

place in Spanish America, between the nativs and Spaniards; and, to a

great degree, in some of the West India islands. The same event iz

rapidly taking place in the suthern states. A propozition waz once made

in the house of delegates, in Virginia, for granting the rights of

freemen to the free blacks; it waz not carried; but I do not see how any

state can deny theze rights to blacks that hav the legal qualifications

of property and residence. This privilege once granted, would facilitate

the intercourse between the whites and blacks, and hasten the abolition

of slavery.

In the climate of the united states, there are several particulars that

dezerv notice. In the first place, every circumstance in the local

position of Atlantic America, concurs to render the wether variable.

Theze states extend thro fifteen degrees of latitude, in the temperate

zone; consequently must always experience the extremes of winter and

summer. Every part of this territory experiences sudden changes of

wether; but the most numerous and violent changes, are between the 36th

and 43d degrees of latitude, on the Atlantic coast. Within this

district, the most frequent variations seem to be in Pensylvania and

Maryland. Four months in the winter season, the wether in Pensylvania,

Maryland and Virginia, resembles the March wether in New England; almost

every week exhibiting the varieties of cold, heet, frost, snow and rain.

For two months in the spring, and one in autumn, New England iz expozed

to eesterly winds and rain; except in theze months, the changes of

wether, tho sometimes sudden and violent, are not very frequent. The

eesterly winds, which uzually bring rain, ceese about the 20th of May.

The variations of wether in the united states, arizing from the latitude

of their situation, are multiplied by their position on the ocean. Water

in an ocean iz of a very uniform temperature; whereas land iz eezily

heeted and cooled. This circumstance creates an incessant contest

between heet and cold, on an extensiv see coast; and of course an

everlasting variableness of winds. This iz true in all countries.

According to this theory, Atlantic America must always hav a variable

climate.

The south eest winds from the ocean, falling upon the continent at right

angles with the shore, invariably produce rain; the opposit, or north

west winds, proceeding from the high lands in the back country,

invariably produce cold cleer wether. North eest winds, running parallel

with the shore, produce storms of snow in winter, and long cold storms

of rain in spring and autum. Our most violent gales blow from the north

eest. A south westerly wind sometimes brings rain, and when it first

blows in winter, iz chilly; but it soon moderates cold wether, and in

summer it iz the _gentle zepher_ of the poets.

In speeking of winds, it iz necessary to correct a vulgar error. It iz

commonly said, that north west winds contract their coldness from the

vast lakes in the north west regions of the united states. This iz an

unphilosophical opinion, for water always moderates the temperature of

the air; and it iz a wel known fact that the large lakes do not freeze

at all; so that if we were to feel the wind immediately after passing

over them, we should find it always temperate. The truth iz, our

westerly winds come from high mountains and high regions of the

atmosphere, which are always cool. The top of the blu ridge, or first

range of mountains in Virginia, iz about four thousand feet abuv its

base. The top of the Allegany or middle ridge, which iz the height of

land between the Atlantic and the Missisippi, tho not so far from its

base, must be much higher in the atmosphere. How far the base of the blu

ridge iz abuv the surface of the ocean, haz not been ascertained; but

suppoze it five thousand feet, and the top of the Allegany, two thousand

feet abuv the blu ridge, and the greatest elevation of land iz eleven

thousand feet abuv the waters of the Atlantic.

The air on the tops of theze mountains iz never heeted to the degree it

iz in the low countries. The cold regions of the atmosphere are much

neerer to such hights, than to a vast extended plain. Thus the tops of

mountains are often cuvered with snow, when the land at the feet of

them, iz fit for plowing. From the regions of air abuv theze mountains,

proceed the serene cold winds which sweep the Atlantic states, purifying

the atmosphere and bracing the bodies of animals.

I would just remark here, that the climate of the trans-alleganean

country, wil never be expozed to the frequent changes of air and violent

tempests which harrass the inhabitants of the Atlantic shore. The force

and disagreeable effects of eesterly winds from the ocean, are broken by

the mountains; and the northerly winds wil be tempered by passing over

the lakes; while the sutherly winds wil be az refreshing in summer az on

this eestern coast. Theze remarks are now verified by facts; altho by

being cleered from forests, the country wil become more expozed to

variations of wind.

In the second place, it iz obzervable that the climate of America grows

more variable, in proportion to the cultivation of the land. Every

person obzerves this effect of cleering the lands in the eestern and

middle states. The heet in summer, and the cold in winter, are not so

steddy az formerly, being interrupted by cool rains in summer, and

moderate wether in winter. Our springs and autums are longer, the former

extending into summer, and the latter into winter. The cause of this

change iz obvious: By levelling the forests, we lay open the erth to the

sun, and it becumes more impressible with heet and cold. This

circumstance must multiply changes of wether. The cultivation necessary

to produce this effect, haz proceeded about one hundred miles from the

Atlantic, or perhaps a little farther. But in Vermont and other back

settlements, the wether iz yet steddy; there being few violent storms,

especially in winter. The snow falls gently, and lies til spring;

whereas neer the Atlantic, moderate wether for three or four days, or a

warm rain, often sweeps away the snow in January or February.

But altho the wether iz growing more variable from the cleering of

lands, yet the salutary effects of cultivation are vizible in the

increesing salubrity of the climate. The agu and fever iz a disorder

that infests most new settlements. Cultivation wil totally remoov the

causes of this disorder, from every tract of country, which iz capable

of being drained. Forty yeers ago, this diseese prevailed in the state

of Connecticut, in the same manner it now does in Maryland. But for

twenty or thirty yeers past, it haz hardly been heerd of in the state.

There are a few places expozed to the effluvia of marshy grounds, where

the disorder stil infests the inhabitants.

Some parts of the suthern states can never be drained; the land iz so

low that the freshes in the rivers, or the tides, are almost constantly

cuvering it with water. Vegetable putrefaction may be considered az

furnishing the miasmata in any country; and the greatest quantities of

putrid effluvia are exhaled from lands constantly expozed to a flux and

reflux of water.

But all countries, except the very mountanous, when first cleered, are

infested with intermittants. Peeple on the fronteers of New York and

Vermont, are trubbled with it, especially in low flat tracts of land.

The surface of a wilderness iz cuvered with leevs and rotten wood; at

the same time, it iz moist, the rays of the sun being excluded by the

trees. Therefore when peeple first settle in a wilderness, they are not

immediately attacked with intermittents. They must lay open the surface

of the erth to the action of heet and wind; the noxious effluvia then

begin to rize, and wil infect the air, til the whole surface of the erth

iz dry and sweetened by the heet of the sun. The amazing difference in

the state of a cultivated and uncultivated surface of erth, iz

demonstrated by the number of small streems of water, which are dried up

by cleering away forests. The quantity of water, falling upon the

surface, may be the same; but when land iz cuvered with trees and leevs,

it retains the water; when it iz cleered, the water runs off suddenly

into the large streems. It iz for this reezon that freshes in rivers

hav becume larger, more frequent, sudden and destructiv, than they were

formerly. This fact should be attended to by the settlers in a new

country, that they may gard against sudden and extraordinary freshes in

the erection of mills and bridges.

It iz vulgarly suppozed that the wether in summer iz hotter in the

suthern states than in the northern. This opinion iz not accurate. The

truth iz, at particular times, the northern states experience a greater

degree of heet than iz ever known in the suthern. In the summer munths,

the mercury in Farenheit often rizes, in the middle of the day, much

higher at Boston, than at Charleston, in South Carolina. Thus in July,

1789, the mercury roze to 90° or upwards no less than six days, and once

to 93°, in the vicinity of Boston; whereas at Charleston, it roze but

once to 88° during the same munth, and but four days to 87°. Besides the

meteorological obzervations I hav, were made at Boston, at _one_

o'clock, P. M. and in Charleston, at _two_ o'clock, when the heet iz

usually the greatest. In August, the same yeer, the mercury roze at

Boston[165] four days to 90, and once to 95°; but in Charleston, it roze

but once to 89°. The remark then ought not to be, that the heet at the

suthward iz _greater_; but that it _continus longer_; that iz, the

aggregate quantity of heet in the suthern latitudes, exceeds that in the

northern. I hav taken some pains to ascertain the difference, and

omitting decimals, here giv the result of my enquiries.

[165] I say Boston, but I beleev the observations to be made

at Cambridge.

The meen degree of heet for the whole munth of July, 1789, in

Charleston, South Carolina, by Farenheit's thermometer, waz az follows:

At 6 o'clock, A. M. 74° }

At 2 o'clock, P. M. 83 } Total meen of the

At 10 o'clock, P. M. 77 } month 78.

For _AUGUST, 1789_.

At 6 o'clock, A. M. 75 }

At 2 o'clock, P. M. 83 } Total meen 77 neerly.

At 10 o'clock, P. M. 72 }

The meen degree of heet, at Spring-Mill, a few miles from Philadelphia,

for _July_, waz 74.