persons and characters among the citizens of the State, and even against
all inferior courts; and may judge, sentence, and condemn to infamy, not
only private individuals, but public bodies, &c., with or without
inquiry or hearing, _at the court's discretion_.
_In whose Favour and for whose Emolument this Court is established._
In favour of about one citizen in five hundred, who, by education or
practice in scribbling, has acquired a tolerable style as to grammar and
construction, so as to bear printing; or who is possessed of a press and
a few types. This five hundredth part of the citizens have the privilege
of accusing and abusing the other four hundred and ninety-nine parts at
their pleasure; or they may hire out their pens and press to others for
that purpose.
_Practice of the Court._
It is not governed by any of the rules of common courts of law. The
accused is allowed no grand jury to judge of the truth of the accusation
before it is publicly made, nor is the Name of the Accuser made known to
him, nor has he an Opportunity of confronting the Witnesses against him;
for they are kept in the dark, as in the Spanish Court of Inquisition.
Nor is there any petty Jury of his Peers, sworn to try the Truth of the
Charges. The Proceedings are also sometimes so rapid, that an honest,
good Citizen may find himself suddenly and unexpectedly accus'd, and in
the same Morning judg'd and condemn'd, and sentence pronounc'd against
him, that he is a _Rogue_ and a _Villain_. Yet, if an officer of this
court receives the slightest check for misconduct in this his office, he
claims immediately the rights of a free citizen by the constitution, and
demands to know his accuser, to confront the witnesses, and to have a
fair trial by a jury of his peers.
_The Foundation of its Authority._
It is said to be founded on an Article of the Constitution of the State,
which establishes _the Liberty of the Press_; a Liberty which every
Pennsylvanian would fight and die for; tho' few of us, I believe, have
distinct Ideas of its Nature and Extent. It seems indeed somewhat like
the _Liberty of the Press_ that Felons have, by the Common Law of
England, before Conviction, that is, to be _press'd_ to death or hanged.
If by the _Liberty of the Press_ were understood merely the Liberty of
discussing the Propriety of Public Measures and political opinions, let
us have as much of it as you please: But if it means the Liberty of
affronting, calumniating, and defaming one another, I, for my part, own
myself willing to part With my Share of it when our Legislators shall
please so to alter the Law, and shall cheerfully consent to exchange my
_Liberty_ of Abusing others for the _Privilege_ of not being abus'd
myself.
_By whom this Court is commissioned or constituted._
It is not by any Commission from the Supreme Executive Council, who
might previously judge of the Abilities, Integrity, Knowledge, &c. of
the Persons to be appointed to this great Trust, of deciding upon the
Characters and good Fame of the Citizens; for this Court is above that
Council, and may _accuse_, _judge_, and _condemn_ it, at pleasure. Nor
is it hereditary, as in the Court of _dernier Resort_, in the Peerage of
England. But any Man who can procure Pen, Ink, and Paper, with a Press,
and a huge pair of BLACKING Balls, may commissionate himself; and his
court is immediately established in the plenary Possession and exercise
of its rights. For, if you make the least complaint of the _judge's_
conduct, he daubs his blacking balls in your face wherever he meets you;
and, besides tearing your private character to flitters, marks you out
for the odium of the public, as an _enemy to the liberty of the press_.
_Of the natural Support of these Courts._
Their support is founded in the depravity of such minds, as have not
been mended by religion, nor improved by good education;
"There is a Lust in Man no Charm can tame,
Of loudly publishing his Neighbour's Shame."
Hence;
"On Eagle's Wings immortal Scandals fly,
While virtuous Actions are but born and die."
DRYDEN.
Whoever feels pain in hearing a good character of his neighbour, will
feel a pleasure in the reverse. And of those who, despairing to rise
into distinction by their virtues, are happy if others can be depressed
to a level with themselves, there are a number sufficient in every great
town to maintain one of these courts by their subscriptions. A shrewd
observer once said, that, in walking the streets in a slippery morning,
one might see where the good-natured people lived by the ashes thrown
on the ice before their doors; probably he would have formed a
different conjecture of the temper of those whom he might find engaged
in such a subscription.
_Of the Checks proper to be established against the Abuse of Power in
these Courts._
Hitherto there are none. But since so much has been written and
published on the federal Constitution, and the necessity of checks in
all other parts of good government has been so clearly and learnedly
explained, I find myself so far enlightened as to suspect some check may
be proper in this part also; but I have been at a loss to imagine any
that may not be construed an infringement of the sacred _liberty of the
press_. At length, however, I think I have found one that, instead of
diminishing general liberty, shall augment it; which is, by restoring to
the people a species of liberty, of which they have been deprived by our
laws, I mean the _liberty of the cudgel_. In the rude state of society
prior to the existence of laws, if one man gave another ill language,
the affronted person would return it by a box on the ear, and, if
repeated, by a good drubbing; and this without offending against any
law. But now the right of making such returns is denied, and they are
punished as breaches of the peace; while the right of abusing seems to
remain in full force, the laws made against it being rendered
ineffectual by the _liberty of the press_.
My proposal then is, to leave the liberty of the press untouched, to be
exercised in its full extent, force, and vigor; but to permit the
_liberty of the cudgel_ to go with it _pari passu_. Thus, my
fellow-citizens, if an impudent writer attacks your reputation, dearer
to you perhaps than your life, and puts his name to the charge, you may
go to him as openly and break his head. If he conceals himself behind
the printer, and you can nevertheless discover who he is, you may in
like manner way-lay him in the night, attack him behind, and give him a
good drubbing. Thus far goes my project as to _private_ resentment and
retribution. But if the public should ever happen to be affronted, _as
it ought to be_, with the conduct of such writers, I would not advise
proceeding immediately to these extremities; but that we should in
moderation content ourselves with tarring and feathering, and tossing
them in a blanket.
If, however, it should be thought that this proposal of mine may disturb
the public peace, I would then humbly recommend to our legislators to
take up the consideration of both liberties, that of the _press_, and
that of the _cudgel_, and by an explicit law mark their extent and
limits; and, at the same time that they secure the person of a citizen
from _assaults_, they would likewise provide for the security of his
_reputation_.
AN ADDRESS TO THE PUBLIC
From the Pennsylvania Society for Promoting the Abolition of Slavery,
and the Relief of Free Negroes Unlawfully Held in Bondage.[134]
It is with peculiar satisfaction we assure the friends of humanity,
that, in prosecuting the design of our association, our endeavours have
proved successful, far beyond our most sanguine expectations.
Encouraged by this success, and by the daily progress of that luminous
and benign spirit of liberty, which is diffusing itself throughout the
world, and humbly hoping for the continuance of the divine blessing on
our labours, we have ventured to make an important addition to our
original plan, and do therefore earnestly solicit the support and
assistance of all who can feel the tender emotions of sympathy and
compassion, or relish the exalted pleasure of beneficence.
Slavery is such an atrocious debasement of human nature, that its very
extirpation, if not performed with solicitous care, may sometimes open a
source of serious evils.
The unhappy man, who has long been treated as a brute animal, too
frequently sinks beneath the common standard of the human species. The
galling chains, that bind his body, do also fetter his intellectual
faculties, and impair the social affections of his heart. Accustomed to
move like a mere machine, by the will of a master, reflection is
suspended; he has not the power of choice; and reason and conscience
have but little influence over his conduct, because he is chiefly
governed by the passion of fear. He is poor and friendless; perhaps worn
out by extreme labour, age, and disease.
Under such circumstances, freedom may often prove a misfortune to
himself, and prejudicial to society.
Attention to emancipated black people, it is therefore to be hoped, will
become a branch of our national policy; but, as far as we contribute to
promote this emancipation, so far that attention is evidently a serious
duty incumbent on us, and which we mean to discharge to the best of our
judgment and abilities.
To instruct, to advise, to qualify those, who have been restored to
freedom, for the exercise and enjoyment of civil liberty, to promote in
them habits of industry, to furnish them with employments suited to
their age, sex, talents, and other circumstances, and to procure their
children an education calculated for their future situation in life;
these are the great outlines of the annexed plan, which we have adopted,
and which we conceive will essentially promote the public good, and the
happiness of these our hitherto too much neglected fellow-creatures.
A plan so extensive cannot be carried into execution without
considerable pecuniary resources, beyond the present ordinary funds of
the Society. We hope much from the generosity of enlightened and
benevolent freemen, and will gratefully receive any donations or
subscriptions for this purpose, which may be made to our treasurer,
James Starr, or to James Pemberton, chairman of our committee of
correspondence.
Signed, by order of the Society,
B. FRANKLIN, _President_.
Philadelphia, 9th of
November, 1789.
TO DAVID HARTLEY
Philad^a, Dec^r 4, 1789.
MY VERY DEAR FRIEND,
I received your Favor of August last. Your kind Condolences on the
painful State of my Health are very obliging. I am thankful to God,
however, that, among the numerous Ills human Life is subject to, one
only of any Importance is fallen to my Lot; and that so late as almost
to insure that it can be but of short Duration.
The Convulsions in France are attended with some disagreable
Circumstances; but if by the Struggle she obtains and secures for the
Nation its future Liberty, and a good Constitution, a few Years'
Enjoyment of those Blessings will amply repair all the Damages their
Acquisition may have occasioned.[135] God grant, that not only the Love
of Liberty, but a thorough Knowledge of the Rights of Man, may pervade
all the Nations of the Earth, so that a Philosopher may set his Foot
anywhere on its Surface, and say, "This is my Country."
Your Wishes for a cordial and perpetual Friendship between Britain and
her ancient Colonies are manifested continually in every one of your
Letters to me; something of my Disposition on the same Subject may
appear to you in casting your Eye over the enclosed Paper. I do not by
this Opportunity send you any of our Gazettes, because the Postage from
Liverpool would be more than they are worth. I can now only add my best
Wishes of every kind of Felicity for the three amiable Hartleys, to whom
I have the honor of being an affectionate friend and most obedient
humble servant,
[B. FRANKLIN.]
TO EZRA STILES[136]
Philad^a, March 9, 1790.
REVEREND AND DEAR SIR,
I received your kind Letter of Jan'y 28, and am glad you have at length
received the portrait of Gov'r Yale from his Family, and deposited it in
the College Library. He was a great and good Man, and had the Merit of
doing infinite Service to your Country by his Munificence to that
Institution. The Honour you propose doing me by placing mine in the same
Room with his, is much too great for my Deserts; but you always had a
Partiality for me, and to that it must be ascribed. I am however too
much obliged to Yale College, the first learned Society that took Notice
of me and adorned me with its Honours, to refuse a Request that comes
from it thro' so esteemed a Friend. But I do not think any one of the
Portraits you mention, as in my Possession, worthy of the Place and
Company you propose to place it in. You have an excellent Artist lately
arrived. If he will undertake to make one for you, I shall cheerfully
pay the Expence; but he must not delay setting about it, or I may slip
thro' his fingers, for I am now in my eighty-fifth year, and very
infirm.
I send with this a very learned Work, as it seems to me, on the antient
Samaritan Coins, lately printed in Spain, and at least curious for the
Beauty of the Impression. Please to accept it for your College Library.
I have subscribed for the Encyclopædia now printing here, with the
Intention of presenting it to the College. I shall probably depart
before the Work is finished, but shall leave Directions for its
Continuance to the End. With this you will receive some of the first
numbers.
You desire to know something of my Religion. It is the first time I have
been questioned upon it. But I cannot take your Curiosity amiss, and
shall endeavour in a few Words to gratify it. Here is my Creed. I
believe in one God, Creator of the Universe. That he governs it by his
Providence. That he ought to be worshipped. That the most acceptable
Service we render to him is doing good to his other Children. That the
soul of Man is immortal, and will be treated with Justice in another
Life respecting its Conduct in this. These I take to be the fundamental
Principles of all sound Religion, and I regard them as you do in
whatever Sect I meet with them.
As to Jesus of Nazareth, my Opinion of whom you particularly desire, I
think the System of Morals and his Religion, as he left them to us, the
best the World ever saw or is likely to see; but I apprehend it has
received various corrupting Changes, and I have, with most of the
present Dissenters in England, some Doubts as to his Divinity; tho' it
is a question I do not dogmatize upon, having never studied it, and
think it needless to busy myself with it now, when I expect soon an
Opportunity of knowing the Truth with less Trouble. I see no harm,
however, in its being believed, if that Belief has the good Consequence,
as probably it has, of making his Doctrines more respected and better
observed; especially as I do not perceive, that the Supreme takes it
amiss, by distinguishing the Unbelievers in his Government of the World
with any peculiar Marks of his Displeasure.
I shall only add, respecting myself, that, having experienced the
Goodness of that Being in conducting me prosperously thro' a long life,
I have no doubt of its Continuance in the next, though without the
smallest Conceit of meriting such Goodness. My Sentiments on this Head
you will see in the Copy of an old Letter enclosed, which I wrote in
answer to one from a zealous Religionist, whom I had relieved in a
paralytic case by electricity, and who, being afraid I should grow proud
upon it, sent me his serious though rather impertinent Caution. I send
you also the Copy of another Letter, which will shew something of my
Disposition relating to Religion. With great and sincere Esteem and
Affection, I am, Your obliged old Friend and most obedient humble
Servant
B. FRANKLIN.
P.S. Had not your College some Present of Books from the King of France?
Please to let me know, if you had an Expectation given you of more, and
the Nature of that Expectation? I have a Reason for the Enquiry.
I confide, that you will not expose me to Criticism and censure by
publishing any part of this Communication to you. I have ever let others
enjoy their religious Sentiments, without reflecting on them for those
that appeared to me unsupportable and even absurd. All Sects here, and
we have a great Variety, have experienced my good will in assisting them
with Subscriptions for building their new Places of Worship; and, as I
have never opposed any of their Doctrines, I hope to go out of the World
in Peace with them all.
ON THE SLAVE-TRADE
TO THE EDITOR OF THE FEDERAL GAZETTE[137]
March 23d, 1790.
SIR,
Reading last night in your excellent Paper the speech of Mr. Jackson in
Congress against their meddling with the Affair of Slavery, or
attempting to mend the Condition of the Slaves, it put me in mind of a
similar One made about 100 Years since by Sidi Mehemet Ibrahim, a member
of the Divan of Algiers, which may be seen in Martin's Account of his
Consulship, anno 1687. It was against granting the Petition of the Sect
called _Erika_, or Purists, who pray'd for the Abolition of Piracy and
Slavery as being unjust. Mr. Jackson does not quote it; perhaps he has
not seen it. If, therefore, some of its Reasonings are to be found in
his eloquent Speech, it may only show that men's Interests and
Intellects operate and are operated on with surprising similarity in all
Countries and Climates, when under similar Circumstances. The African's
Speech, as translated, is as follows:
_"Allah Bismillah, &c. God is great, and Mahomet is his
Prophet._
"Have these _Erika_ considered the Consequences of granting
their Petition? If we cease our Cruises against the
Christians, how shall we be furnished with the Commodities
their Countries produce, and which are so necessary for us?
If we forbear to make Slaves of their People, who in this hot
Climate are to cultivate our Lands? Who are to perform the
common Labours of our City, and in our Families? Must we not
then be our own Slaves? And is there not more Compassion and
more Favour due to us as Mussulmen, than to these Christian
Dogs? We have now above 50,000 Slaves in and near Algiers.
This Number, if not kept up by fresh Supplies, will soon
diminish, and be gradually annihilated. If we then cease
taking and plundering the Infidel Ships, and making Slaves of
the Seamen and Passengers, our Lands will become of no Value
for want of Cultivation; the Rents of Houses in the City will
sink one half; and the Revenues of Government arising from
its Share of Prizes be totally destroy'd! And for what? To
gratify the whims of a whimsical Sect, who would have us, not
only forbear making more Slaves, but even to manumit those we
have.
"But who is to indemnify their Masters for the Loss? Will the
State do it? Is our Treasury sufficient? Will the _Erika_ do
it? Can they do it? Or would they, to do what they think
Justice to the Slaves, do a greater Injustice to the Owners?
And if we set our Slaves free, what is to be done with them?
Few of them will return to their Countries; they know too
well the greater Hardships they must there be subject to;
they will not embrace our holy Religion; they will not adopt
our Manners; our People will not pollute themselves by
intermarrying with them. Must we maintain them as Beggars in
our Streets, or suffer our Properties to be the Prey of their
Pillage? For Men long accustom'd to Slavery will not work for
a Livelihood when not compell'd. And what is there so
pitiable in their present Condition? Were they not Slaves in
their own Countries?
"Are not Spain, Portugal, France, and the Italian states
govern'd by Despots, who hold all their Subjects in Slavery,
without Exception? Even England treats its Sailors as Slaves;
for they are, whenever the Government pleases, seiz'd, and
confin'd in Ships of War, condemn'd not only to work, but to
fight, for small Wages, or a mere Subsistence, not better
than our Slaves are allow'd by us. Is their Condition then
made worse by their falling into our Hands? No; they have
only exchanged one Slavery for another, and I may say a
better; for here they are brought into a Land where the Sun
of Islamism gives forth its Light, and shines in full
Splendor, and they have an Opportunity of making themselves
acquainted with the true Doctrine, and thereby saving their
immortal Souls. Those who remain at home have not that
Happiness. Sending the Slaves home then would be sending them
out of Light into Darkness.
"I repeat the Question, What is to be done with them? I have
heard it suggested, that they may be planted in the
Wilderness, where there is plenty of Land for them to subsist
on, and where they may flourish as a free State; but they
are, I doubt, too little dispos'd to labour without
Compulsion, as well as too ignorant to establish a good
government, and the wild Arabs would soon molest and destroy
or again enslave them. While serving us, we take care to
provide them with every thing, and they are treated with
Humanity. The Labourers in their own Country are, as I am
well informed, worse fed, lodged, and cloathed. The Condition
of most of them is therefore already mended, and requires no
further Improvement. Here their Lives are in Safety. They are
not liable to be impress'd for Soldiers, and forc'd to cut
one another's Christian Throats, as in the Wars of their own
Countries. If some of the religious mad Bigots, who now teaze
us with their silly Petitions, have in a Fit of blind Zeal
freed their Slaves, it was not Generosity, it was not
Humanity, that mov'd them to the Action; it was from the
conscious Burthen of a Load of Sins, and Hope, from the
supposed Merits of so good a Work, to be excus'd Damnation.
"How grossly are they mistaken in imagining Slavery to be
disallow'd by the Alcoran! Are not the two Precepts, to quote
no more, '_Masters, treat your Slaves with kindness; Slaves,
serve your Masters with Cheerfulness and Fidelity_,' clear
Proofs to the contrary? Nor can the Plundering of Infidels be
in that sacred Book forbidden, since it is well known from
it, that God has given the World, and all that it contains,
to his faithful Mussulmen, who are to enjoy it of Right as
fast as they conquer it. Let us then hear no more of this
detestable Proposition, the Manumission of Christian Slaves,
the Adoption of which would, by depreciating our Lands and
Houses, and thereby depriving so many good Citizens of their
Properties, create universal Discontent, and provoke
Insurrections, to the endangering of Government and producing
general Confusion. I have therefore no doubt, but this wise
Council will prefer the Comfort and Happiness of a whole
Nation of true Believers to the Whim of a few _Erika_, and
dismiss their Petition."
The Result was, as Martin tells us, that the Divan came to this
Resolution; "The Doctrine, that Plundering and Enslaving the Christians
is unjust, is at best _problematical_, but that it is the Interest of
this State to continue the Practice, is clear; therefore let the
Petition be rejected."
And it was rejected accordingly.
And since like Motives are apt to produce in the Minds of Men like
Opinions and Resolutions, may we not, Mr. Brown, venture to predict,
from this Account, that the Petitions to the Parliament of England for
abolishing the Slave-Trade, to say nothing of other Legislatures, and
the Debates upon them, will have a similar Conclusion? I am, Sir, your
constant Reader and humble Servant,
HISTORICUS.
REMARKS CONCERNING THE SAVAGES OF NORTH AMERICA[138]
Savages we call them, because their Manners differ from ours, which we
think the Perfection of Civility; they think the same of theirs.
Perhaps, if we could examine the Manners of different Nations with
Impartiality, we should find no People so rude, as to be without any
Rules of Politeness; nor any so polite, as not to have some Remains of
Rudeness.