PRICE 26 era **$%$£ «^ -*r^: V » Pi tS:;''- 'JS-* jass ¦ ¦m - ,- .^...-¦.'^'¦'¦V'-i--^*-, lit/.Jipi:: i- in lp^: ^M T^I^^C Wm A^aE) fll'li K^ISI KN u ssmss nr mmmi. /mm ¦"m ^%L^--^^7 r#* Pf BUSHED, BY CASE, TIFFANY & CO., HARTFORD, CON& CO "v'*.:NO. pz'- Pumcipi.Es ow Party, . . ..... • • • • • ¦ • l Formation oi* Parties, .: . ... . ... .... « 3 Religion promote© by : Parties, ;. . . . ". v * • • ->$>.'¦ Science advanced by Parties, . . . . - . . . .-.6 Party Action, and its Import ance, . . .' . . ¦ . .9 The Whig Party, . . ... :.' ;.-. . -¦ Z-. ,'¦¦ • .;'¦¦¦• • •; • • 13 The Democratic Party, . ... . . . . ... ¦:..., .16 Objects of History, . . . . . . . . - . . . 20 Ancient History, I|jtWpretation or Language,. Uncer tainties or History, . . ". .¦;. ¦ .* V . 21,22 Republics of Greece and RoMe; , ¦;, 24 Republic of Rome, .27 Human Progress, . . . . . . . * . . . . . . 34 France, . „ 35 Origin and Growth of Nations, ........ 39 England, 40 Protectorate of Cromwell, . . . . . . : s. ... 43 Democracy in England, . ., . . .49 Design of the Work, 57 Vox Populi Vox Dei, . .,,'>. ^;ci» 58 Entered according to Act of Congress, in the year 1852, by ' * •'=''' CASE, TIFFANY & CO., in the Clerk's Office of the District Court of Connecticut, i W tfj jrgr<> n zz^ztl^j^r^e^Z^ sy s^~ Printed ly J C.BulitaNY E-n&rasred. expressly for this work. HISTOEY OF DEMOCRACY. INTRODUCTORY. PRINCIPLES OF PARTY. What thinking and acting are to the individual, party is to society. Party is the great engine of human progress. It is a combination of men of similar views, and kindred sympathies, for moral or political suprem acy. It leads to the war of knowledge upon ignorance, the conflict of holiness against sin, the struggles of freedom against tyranny. It is to be found in man as an individual, swayed by the opposing passions of the soul, whether for good or evil, and by the objects of choice, whether yielding to or resisting the spirit of temptation.1 ' It is to be found in the numerous associations of society for influence, controlling customs, advancing fashions, and modifying, limiting or extending, the social or domestic duties. It divides the church in regard to the sacred teachings of the Holy Scriptures ; and sects spring up to defend their varying creeds, each opposing each, and each opposing all.2 The votaries of science have their favorite schools and classics, and party zeal is made to quicken the conceptions of genius. Bold and righteous men rise up as partisans against the world, pledged as martyrs to reformation. The people of every nation divide and subdivide in regard to their national rights and interests, and we sometimes have the sublime spec tacle of parties made up of emperors, kings and presidents; of empires, monarchies and republics, discussing the great principles of national law, intervention, and the balance of power. A world without party would be incapable of progress. To believe in a world incapable of progress, is practical atheism. What the science of mechanics is to matter, party is to knowledge. The one leads to the improvement of material things, the other to the advancement of society. 1 Homans 7 : 15—23. 2 " All things are double one against another ; and he hath made nothing imperfect. One thing establisheth the good of another ; and who shall he filled with beholding his glory ? " — Ecclesiasticus 42 : 24, 25. 1 2 PRINCIPLES OE PARTY. With a knowledge of the former, an Arkwright and a Fulton can enrich a people ; and with a just realization of the latter, a Franklin and a Washing ton can bless a nation. Party may be denominated the manifold form of moral power in action. Its elements are to be found "in the principles of human nature. It is moved by the unyielding forces of instinctive impulse and ambition, and sustained by the illimitable resources of interest and of opinion. While it is temporarily perverted to subserve the cause of wrong and error, it perma nently aids in opening the paths of truth. It has an onward and a conserv ative power, and whatever is conceived by one mind is sure to find its antagonistic principle in the mind of another. No science, no great truth, is ever permitted to find favor without opposi tion., or credence without contest. Truth is passed through the conflict of opinion, as the oaks of the forest are nursed by the tempest and the whirl wind, every storm extending the roots and adding vigor to the branches. To oppose truth is to challenge attention, and to denounce it is to unfold its beauty and. to establish its power. It may be profitable, for a moment, to consider the various sources of party spirit, and to endeavor to understand in what way parties are made to sub serve the great cause of humanity. Man is both the agent of power and the subject of want. He is moved by passions, elevated by sentiments, and controlled by opinions. He first becomes the pupil of parents, heir to their errors, as well as the recipient of their knowledge. He is early trained as a partisan ; and often the child is seen to play the dogmatist with all the confidence of a philosopher, and all the zeal of a cardinal. He soon becomes familiar with the household words of cliques, creeds and platforms, and practises leadership by organizing imitation parties among his mates at the village school. Indeed, the little dis tinctions of boyhood often rise up, as formidable to children as the difiiculties of nations appear to men. Their party lines are defined by the boundaries of a neighborhood, or by sectional districts, indicated, it may be, only by the cardinal points of the compass. Still, their young hearts leap in the strife of contest, though they have no interests at stake, and are conscious of no motive above that of mastering their antagonists.1 This is no fiction, as, we 1 D'Aubigne speaks of a sect in Germany, Switzerland and England, who believed in the necessity of returning to the simplicity and innocence of childhood, that the truth is revealed by the Spirit to babes. They affected all the manners and sports of children. A recent trav eller in the Western States says " that he saw, on one occasion, about a thousand men and women in a grove, rolling- hoops, flying kites, playing ball, shooting marbles, leaping, running, Wrestling, boxing, rolling and tumbling in the grass ; the women caressing dolls, and men astride of 'sticks for horses, and the whole company intently engaged in all the sports of child hood." At last he ventured to ask what it meant. They told him they professed to be little children, to whom the Lord had promised his kingdom; and affected some surprise that he seemed not to have known that it was written, " Except ye be converted, and become as little children, ye shall in no case enter into the kingdom of God." FORMATION OF PARTIES. 8 doubt not, most of our readers will be able to testify from personal experi ence. It shows not only that the elements of party are to be found in the constitution of things, but that they exist in harmony with the funda mental powers of the mind.1 Men are governed by motives, and their motives are characterized by individual peculiarities. They are selfish or liberal, cruel or benevolent, just or unjust, timid or bold, safe or dangerous, oppressive or patriotic, according to the standard which each erects within himself, as his private or public rule of duty. But men cannot act alone. Every faculty of the mind is adapted to exert its peculiar power in society. All have something to ask, something to give, and something to do. Want is the basis of business, gain the incentive to enterprise. The various combinations of the mental faculties result in the great diversity of tastes, genius and capacity, which give employ ment and an interest to all. To possess the means of living, the comforts and pleasures of life, is a necessity of our existence. Hence, the institution of property,3 which is based upon the innate sense of acquisition. To be ena bled to enjoy the fruits of one's own labor without hindrance or robbery, to protect the weak against the strong, the just against the unjust, is the object of government. To insure equity and the rights of opinion, are the objects of laws and their administration. We thus find man standing in a two-fold position, — as an individual in his private relations, and as a citizen of the commonwealth or nation, bound to sustain its interests, its laws, and its government in the administration of them. FORMATION OF PARTIES. It was a remark of Burke, made in the British Parliament, in his cele brated reply to Fox, on the subject of the French Revolution, " that he who calls in the aid of an equal understanding doubles his own." It is on this simple principle that parties are formed. Men of kindred views, sym pathies and interests, join together for the promotion of a common cause. It may be from motives of ambition, to reach a position of power ; 3 from mercenary considerations, or from a profound sense of public duty. It may relate to subjects of science, schemes of interest, or the great themes of religion, or of government. As government is the practical business of to-day, and of all time, — and while we propose to modify its organization, 1 Animals, birds, fishes and insects, frequently combine for attack, or for purposes of defence against a common enemy. 2 Sir James Mackintosh defines property to be "legal possession." 3 It is said that when it was known that a breach between Fox and Burke must occur, Sheridan wrote a short note to Carlton House for instructions. "Follow Fox," was the laconic reply. 4 FORMATION OF PARTIES. the laws or the mode of their administration, it is constantly exercising its power and authority,- — generally there can be but two great political par ties, the one in possession of the legal prerogatives of government, and the other opposed to the continuance of the ruling dynasty. The reasons for this are obvious. The people can have at the same time but one govern ment ; and if a party were to subdivide on questions of minor importance, it would fail to command sufficient strength ever to be placed in power. The struggle, therefore, is constantly and chiefly between those who conduct and favor the administration of government in accordance with certain avowed principles, and those who claim a superior rule in a different or in an opposite policy.1 It is true, other parties will occasionally rise up ; but they usually come from the varying ranks of moral reformers, and seek to engraft some new feature on the general system, with a total disregard of theoretic harmony, or the teachings of practical experience. As their objects are partial or limited, prospective or impracticable, their position is usually one of remote influence, but not of control. In all ages parties have been viewed as indispensable to intelligent exist ence. The sublime conceptions of Milton have opened to the wondering gaze of man the dread portals of heaven, where the King of kings is braved by rebellious angels. " The wisdom of God," said John Knox, " compelled the very malice of Satan, and such as were drowned in sin, to serve to his glory, and to the profit of his elect." The- pious monarchs of the Crusades, who had sufficient zeal to leave their kingdoms to aid in the sublime work of redeeming the holy sepulchre, could not labor together in harmony even upon the spot where the Prince of Peace was crucified. Cortes found parties in ancient Mexico. "As he proceeded in his enter prise, he clearly perceived," says Prof. Smyth, "that, though he had a powerful monarch and an immense empire to oppose in Montezuma and Mexico, still that he should find allies as he went along, and that, therefore, success was at least not impossible." " It was with the greatest pleasure," said Cortes, "that I saw their dissensions and animosities, for a way was 1 " He that is not with me is against me ; and he that gathereth not with me scattereth abroad."— Mat. 12: 30. This principle is too obvious to need much elucidation. " Those who stand neuter," says an old writer (1773), "are neither preferred nor trusted, by reason that one of the parties is always in power, and -has nothing more at heart than the advancing of its friends, or gaining some of its adversaries. Consequently there can be no posts or offices for men from whom the prevailing party can expect no manner of service. Moreover, how can a man be neuter between two parties, each of whom represent their adversaries as designing those evils which are most apt to fill men with fears — I mean, the destruction of the religion they profess, and the dissolution of a government which alone, in their opinion, can render : subjects happy .' A man must be insensible, not to be moved with such, dangers, when con vinced of their reality." — Dis. on Rise, Progress, &c, Whigs and Tories, &c. Pamphlet, p. 69. RELIGION PROMOTED BY PARTIE3. 5 thus opened me for their subjection. According to the proverb, ' From the mountain proceeds what burns the mountain;' and 'the kingdom,' says the Gospel, ' that is divided against itself, cannot stand.' " The mythological gods of the ancients had their divisions, wars, and revo lutions. In Homer we find a scene described, of men, heroes and gods, mixed together in battle. The voice of Mars, the terrific shouts of the fight, the thunders of Jupiter, and the tempests of Neptune, combined to shake the whole battle-field, and the tops of the surrounding mountains. Even Pluto himself, " whose habitation was in the very centre of the earth, was so affrighted at the shock that he leapt from his throne." 1 RELIGION PROMOTED BY PARTIES. In regard to the momentous subject of religion, in all countries where freedom of opinion is tolerated, parties are numerous, and doctrines still more so.2 Christianity is the only system of religion, it- is 'asserted by Kliefoth, which has what can be called doctrines.3 Mahometanism has its Koran ; but the Koran is the book of no sect, and has but one interpretation. The Hindoos have their Vedas ; but, as these books are written in the Sanscrit, which is now a dead language, and only understood by the priests pr brahmins, they are subject entirely to their control. The ancient Greeks and Romans had their mythologies ; but they spake one language, which admitted of no diversity of construction. Plato did not speculate upon the gods, nor upon the articles of the Grecian faith. The state religion of the Chinese does not consist of doctrines, which are to be taught, learned and believed, but of rites and ceremonies ; and its ritual is contained in the statistics ahd code of the empire.4 What is asserted of these nations may be said in respect to the Zendavesta of Persia, and of the sacred teachings of all pagan countries, where governments claim a sacred origin, and where mysteries control the religious affections of the people. But it is not so in Christian nations, where the Bible is free, and 1 See Addison's Spectator, No. 333. s " The parties affected are innumerable almost, and scattered over the face of the earth, far and near ; and so have been in all precedent ages, from the beginning of the world to these times, of all sorts and conditions." This was the language of Robert Burton, two hundred and fifty years ago. inat. Mel:, vol. n., p. 487. 3 Neander, in hia History of the Church, has shown how the doctrinal questions which agitated the church of the first centuries were quite different from those discussed in the middle ages ; the former being mostly theological, and the latter anthropological. 4 When a Chinese is asked how many systems of philosophic or religious belief exist in his eouhtry, he answers, Three — namely, Fw,the doctrine of Confucius ; Fo, or Budhism; and .the sect of Toon, or " Rationalists." Confucianism is the state religion of China. — Davis' China, vol. H., p. 79. 6 SCIENCE ADVANCED. BY PARTIES. opened to all in their native language. The sublime injunction of Christj to preach the Gospel to the heathen of every land, has been more or less prac tised in almost every age. From the earliest periods of the Christian era to the present time, history has recorded numerous examples of extraordinary sacrifices to obey the holy requisition. We have only to look at the charts of the various missionary" institutions of modern times, to see that, however much the sects may differ among themselves, they all agree in the common duty of extending the great, blessings of Christianity.1 In the contemplation of the infinite theme of man's religious nature and duties, it would be pre sumption to limit investigation, or to impose upon a single sect the labprs which all sects are appointed to accomplish. The field is the world, and eaeh sect represents but a single laborer, appointed to do a special work in the great cause of humanity. So vast a subject, of such infinite relations, may well command the holy zeal and activity of a thousand parties, and each' to render service alike important, though unlike that of others. . The fountain of eternal truth is inexhaustible, and its waters will gush forth to slake the thirst of every people, approaching the living stream, from every clime. SCIENCE ADVANCED BY PARTIES. To the concentrated powers of party we may trace many of the most important advancements of science. In all ages of ignorance, the possession of genius has been viewed either as a supernatural gift, and classed with the mysteries of superstition, or as treason . to the state. The jealousy of unenlightened power burns with an unquenchable intensity. It crushes all that it cannot, control. It strikes dpAvn what it cannot understand. It is blinded by new lights, and dismayed by the increase of knowledge. It has no conception of life, except in the means of death ; no confidence in truth beyond the fetters and cells of a loathsome prison. It perjured the sour of Copernicus,2 administered hemlock to Socrates,3 shed the blood of Seneca,4 paralyzed the tongue of Galileo,5 and banished Aristotle.6 In the absence of despotism, where the will of the people is subjected to the control of ignorance and superstition, — where tradition and zeal, unite the 1 According to Butler's Chart, published in 1851, the number of Home and Foreign Mis sionary Societies (Protestant), of all denominations, in the world, is 56 ; number of Missiona ries, 6046 ; number of assistants, 16,057 ; number of church-members, 388,963 ; number of hearers, 1,701,180 ; total income, $3,936, 801. Number of Bibus Societies, 68 ; income, $1, 297,257. Number of copies of the Bible issued in 1850, 2,219,835 ; number of copies issued since the commencement of the century, 70,115,861. "We have no means of knowing the number of Catholic Missionaries, but it must be very great. 2 Copernicus, the astronomer, lived in the beginning of the seventeenth century. . His system was looked upon as a most dangerous heresy. He was thrown into prison by Pope Urban VHI., and was not permitted to come out until he had recanted his opinions. s, i, s, 6, see p_ y_ SCIENCE ADVANCED BY PARTIES. 7 passions, and give to prejudice the high prerogatives of judgment,— men of science have been made the victims of relentless opposition and malignant speculations. Harvey1 lost his living; Jenner2 was :a blasphemer; Pascal3 was a heretic ; Acosta,4 an atheist ; Dr. Faustus, a co-partner of Satan ; Fulton was the subject of ridicule ; and all anatomists who engaged in the 3 Socrates, a native of Athens, was pronounced by the oracle at Delphi the wisest of mankind. He was accused of corrupting the Athenian youth, of making innovations in the religion of the Greeks, and was summoned before the tribunal of the five hundred. He was condemned, by a majority of three voices, to drink hemlock. He died 400 years B. C, in the 70th year of his age. 4 Seneca, the philosopher, was the early preceptor of Nero. He was mentioned as being concerned in the conspiracy of Piso, when Nero was emperor, and he was ordered to choose the means and destroy himself. He bled himself to death. 5 Galileo was twice brought before the Inquisition. The first time, u, council of seven car dinals pronounced a sentence, " That to maintain the sun to be immovable, and without local motion, in the centre of the world, is an absurd proposition, — false in philosophy, heretical in religion, and contrary to the testimony of Scripture. That it is equally absurd and false in philosophy to assert that the earth is not immovable in the centre of the world ; and, con sidered theologically, equally erroneous and heretical." Under a threat of imprisonment, he retracted his opinions ; but he could not suppress the truth. In 1663, now seventy yeara old, he was again brought before the Inquisition, and forced solemnly to disavow his own convictions. 6 Although the accusations against Aristotle were frivolous, yet he was condemned, and only escaped punishment by a voluntary banishment. " I am not willing," said he, " to give the Athenians an occasion of being guilty of injustice a second time against philosophy," — alluding, doubtless, to the case of Socrates. 1 In 1619, William Harvey, an English physician, published his important work on the circulation of the blood. It was powerfully opposed, for some time ; but Harvey lived to see 'his doctrine fully established. The people, however, were so prejudiced against his theory, that they refused to employ him as a physician. 2 Dr. Jenner made the first experiment in vaccination, by transferring the pus from the pustule of a milk-maid, who had caught the cow-pox from the cows, to a healthy child, in May, 1796. He published the result in 1799. In 1802, the British Parliament voted £10,000 to Dr. Jenner, for the discovery. Although regarded by many as an impious attempt to oppose the decrees of Divine Providence, vaccination was practised throughout all Europe prior to 1816. 3 Pascal was attacked by Father Noel,, the Rector of the Jesuit's College, at Paris, on account of his pneumatic experiments, as if guilty of a very alarming heresy. This was in 1647. 4 Acosta, the celebrated Spanish author, was the first philosopher who endeavored to account for the different degrees of heat in the old and new continents by the agency of the windswhich blow in each, — a theory wbich was afterward adopted by Buffon. In the course of these discussions, Acosta frequently comments upon the opinion of Aristotle, and other ancient philosophers, that the middle zone of the earth was so much scorched by the rays of the sun as to be destitute of moisture, and totally uninhabitable. This notion seems to have held its ground in the schools even after the discovery of South America had disclosed the magnificent scenery and stupendous rivers of the tropical regions. It appears to have been thought a sort of impiety to question a dogma of such ancient date, and sanctioned by the assent of all the school divines. The exposing of this ancient error in geography was one of the circumstances which brought upon Sir Walter Raleigh the charge of general scep ticism and atheism. 8 SCIENCE ADVANCED BY PARTIES. business of dissection were denounced as guilty of sacrilege.1 Even as late as the year 1598, Daniel Hoffman, Professor of Divinity of the University of Helmstadt, maintained that philosophy was the mortal enemy of religion ; that truth was divisible into two branches, — the one philosophical, the other theological; and that what was true in philosophy was/a/se in theology. All systems of philosophy denounced as erroneous or heretical, true or unsafe, immediately become subjects of attention among the people, and ofearnest thought and discussion among thinking men and professors. Fired by pride and ambition, or impelled by blind devotion to time-honored theories, the disputants proclaim their positions, and commence the war of controversy. The lines of party are drawn, with a brilliant display of spirit engendered by the contest, and each division has its champions and followers. In whatever degree the controversy becomes marked by reason or intelli gence, by superstitious bigotry or ignorance, it assumes the character of a scientific investigation, or falls to the level of a bitter conflict of passion and incoherent declamation of opinions. Struggles for victory are always in proportion to the means employed, compared with the power to be opposed. The spirit of truth is clothed with the invincible powers of conscience and knowledge. Weakness in numbers is supplied by irrepressible resolution, ignorant men become violent, and fanatics desperate; and,. as ultimate vic tory is ever on the side of truth, the result conforms to the immutable laws of Providence. Adaptation of natural means to legitimate ends, of efficient remedies to existing evils, is a fundamental law of God. As in the physical world it requires a brilliant light to dispel a midnight darkness, — so, in the moral, it requires the intellect of a Bacon to assert the dignity of learning, the patriotism of Washington to triumph in the great cause of freedom, and the divine attributes of Christ to lift up and cheer a sinful world. The condition of want and the corresponding necessity, of means constitute the measure of the work to be accomplished. To meet with opposition in the prosecution of a good cause, to be perse cuted for devotion to God or duty, to be denounced or banished for patriot ism, or a fearless declaration of truth, — quickens our energies, ennobles our aims, enlarges our resources of strength, and advances an ordinary courage to a holy and unconquerable resolution. We speak our convictions with a livelier interest and stronger hope ; we enlist others to join their strength and enthusiasm with ours ; we perfect our knowledge, we master our subject, we improve our means of persuasion, from a passionate sense of duty, and a deep concern for those who still mysteriously claim it as a privilege to be left in a state of mental destitution. 1 The dissection of dead bodies was, at no very late period, looked on as sacrilege ; and the Emperor Charles V. ordered a consultation of the theologians of Salamanca, to determine whether, in point of conscience, a body might be dissected in order to obtain a knowledge of its structure. PARTY ACTION. 9 Turning to the great departments of law1 and medicine,2 we there find that reforms are chiefly made by the spirit of party. A desire for improve ment is the natural spirit of an active mind ; but this is opposed by the lovers of rest from labor, and by those who claim an exemption from the responsibility of doubting theories of the past.3 The rivalry of genius in the study of the fine arts is another element of nature akin to party spirit. Each of the great masters has his own style of composition, or beauty, — and each has his followers, throughout the civilized world. It is only necessary to read the history of such men as Donatello, Roubi- liac, Michael Angelo, Peter Mignard, Le Brun, Mozart, Rossini, and other celebrated sculptors, painters, and composers of music, to be convinced of the great influence exerted by the spirit of emulation among artists. PARTY ACTION, AND ITS IMPORTANCE. However much we may vary the analysis of human motives, and however we may combine them with the passions, and trace them to their ultimate results in action, we shall invariably find the greatest activity springing from considerations and feelings linked with the opinions or labors of others. There is but little excitement within ourselves. We are made for society. The idea of an isolated abstraction of personality would be an incomprehensible prop osition. We cannot think of ourselves, and, at the same time, exclude all thought of others. All thoughts, acts and language, indicate an actual mutuality, relationship or antagonism. We live to agree, to oppose, or to compete. We may be actuated by the debasing motives of rebellion to the rule of right, or lifted up by elevating aspirations after surpassing excellence. We have our pref erences, jealousies, prejudices and antipathies. 1 A very able article upon the abstract and historical schools, from the pen of Legare, may be found in the New York Review, vol. v., p. 280. - 2 The Medical Schools, or sects, have been very numerous. The dogmatic, empiric, meth odic, eclectic, pneumatic, mechanic, dynamic, &c. &c, to say nothing of those of modern times. 3 The expeditions of discovery made by Prince Henry, son of John, King of Portugal, excited the inveterate prejudices of his countrymen. The systematic philosophers were alarmed lest their favorite theories should be perverted by the acquisition of real knowledge. The military beheld with impatience the increase of fame that was obtained by a profession they had always considered as inferior to their own ; the nobility dreaded opening a source of wealth which might equalize the ascendency of rank ; and the indolent and splenetic argued that it was presumption to search for a passage to the southern extremity of Africa, which the wisest geographers had pronounced to be impracticable. It was even hinted, as a probable consequence, that the mariners, after passing certain latitude, would be changed into blacks, and thus retain forever a disgraceful mark of their temerity. — Clark's Pro gress of Maritime Discovery. 10 PARTY ACTION. As men combine for intellectual action, there is aii accumulative aggregate of passions which give an element to a mass, which we fail to discover in the individual. As the snow-flake is to the avalanche, or the drop to the upheavings of the mighty ocean, so is man to the multitude, combined by the sympathies of motive and interest.1 The "passions constitute the moving energies of the soul. They are life to mind, and activity to purpose. They impart energy to thought. What air, fire and water, are to machinery, the passions are to intellect. Their mission is a high and mighty one, though their perversions are terrible. The excess of each is fearfully added to the excess of all. If We look to the extravagant pleasures of the imagination', the bright promises«of hope, the joyous -throngs of sentiment, which cluster and cling to every new-born thought, whatever cause it comes to help; the pure and unaffected grace of conscience, the glowing love and uncomprom ising spirit of truth and justice, the lightning zeal of patriotism,—- all con spire to move a people in the achievement of a common good, with irresistible impetuosity. Then, if we turn to the opposite extreme, where tyranny rules and liberty weeps in chains ; where misnamed justice is but the beast in robes, and relir gion wears a crown of thorns ; where truth is heresy, and love is treason ; where hate is joined to malice, cruelty to fear, and outrage to force, — we find an array of elements more fearful than the throes of earth, or the upliftings of the sea. Such are the mighty forces of party. Mind opposed to mind, passion to passion, zeal to zeal, and force to force. It is the war of life against death, truth against error, virtue against vice, love against sin, and of patriotism in the defence and extension of freedom and equal rights. To disclaim its necessity is a perversion of knowledge, and to deny its power a confession of ignorance. Like all other great instruments of good, party spirit commits its ignoble deeds, and in its excessive sway often tramples down the flowers which grow in the battle-field. Like the tornado, it sometimes leaves deso- 1 This community of feeling may be regarded as the special and extraordinary workings of the mind in common. All the great interests of society have been, at different periods, the subjects of it. Society and nations have been advanced by revolution's, the crusades, and chivalry ; the sciences, by the superstitions of astrology, and the wild dreams of the alche mists ; and the thousands of speculations, which were significantly termed, in the early part of the eighteenth century, " bubbles," and which "Turned nothing into all things," have tended to mark a distinct and perceptible line between the practicable and impracticable objects of industry ; oftentimes promoting the public good at the expense of individual folly, sacrifice and extravagance. These bubbles were so numerous in the time of Geo. I. (1720) that the interference of Parliament became necessary ; and the king published a proclamation declaring them to be "unlawful and common nuisances," and five hundred pounds was made the penalty for buying or selling a share in any of them. — See Pari. Deb , vol. vu., p. 654. PARTY ACTION. H lation in its track, and the joys of social or domestic life are withered by its blighting breath. But great powers are the instruments of great events. They are fitted to remove great evils, or to accomplish immeasurable good. They belong, to humanity, destined to infinite progression, and not to the ephemeral period of individual existence. They may, indeed, disturb the hour, but bless the generation ; or they may break the circle, yet save the nation.1 If we Were to measure the value of blessings according to the degrees of their abuse, or susceptibility to danger in the misapplication of principles, we should soon arrive at the startling conclusion, that power does not belong to the condition of man, and that all action is but another term for danger. Such views come from an imperfect moral vision. They are the offspring of. ill-balanced or debilitated minds. They are false to the true dignity of man. They mistrust his nature, his destiny, and the reign of his Creator. They indicate a slothful selfishness, which would reduce the plans of infinite wisdom to the insignificant sphere of individual timidity, or sickly passiveness. Thus a general survey has been taken of the principles involved in the subject of this work. This course seemed to be particularly necessary, inasmuch as there are many men, of unexceptionable character, who do not appear fully to appreciate the necessity, as well as the great importance, of party.2 Some, indeed, claim distinction for a stoic indifference to public affairs, and an honorable name for. the negative virtue of neutrality.3 Such views may be in harmony with the hermit's remorse, or with the Timons of Athens, who " Hate all, curse all ;" but they dishonor the man who claims to be a citizen, and loves the service of his country. 1 Washington, in his Farewell Address, in speaking of party spirit, says it " is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed ; but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy." — Sparks's Washington, vol. xii., p. 224. He condemned the excesses of party spirit, but admitted the necessity of party. — See his Letter to Hamilton, vol. i., p. 476. Franklin came to the conclusion, as early as in 1731, "Thatthe great affairs of the world, the wars and revolutions, are carried on and^ effected by parties ; " and he proposed to organ ize a new party, to be called the " United Party for Virtue." — Sparks's Franklin, vol. j.., p. 118. Madison says, "An extinction of parties necessarily implies either a universal alarm for the public safety, or an absolute extinction of liberty." — Federalist, p. 323. s Lord Chatham, in his earlier days, declaimed against party distinctions, and refused to be known as a member of either party ; but, as he increased in experience, he reversed this opinion. As he saw more clearly the practical working of the constitution, he became con vinced of the necessity of party connections in a free country ; and, during the latter years of his life, he was frequent and energetic in his declarations that he was a democrat. 3 Or as Hume significantly terms it, an "indolent acquiescence in received opinions." Dr. Paley says that, "in political, above all other subjects, the arguments, or rather the 12 PARTY ACTION. Viewed with a careful judgment, the subject is a most sacred one. Clearly to understand the rights of man and the legitimate means of their defence; ; to guard against culpable neglect, or stolid indifference, in respect to matters of publie concern ; to resist the encroachments or abuses of power, are the incum bent duties of all who are capable of appreciating the true dignity of principle, and claim an exemption from the conditions of slavery.1 The true bearings of the subject, in its diversified relations, cannot be well understood, without some degree of attention to fundamental principles. We have only glanced at the vast frame^work of the moral edifice of the Creator, as connected with our inquiries ; and have briefly attempted to point out the rudiments of the great subject, so that our readers may be persuaded to pursue the study for themselves, and do something to develop the momentous theme. It is not the object of this work to encourage the love of party, to the neglect of other duties. Such a view involves the obvious absurdity of counting the part as greater than the whole. Its purpose is rather to claim for party, in the wide range of human agency, that consideration tp which it is justly entitled, by its great importance. Inquiries will now be directed with more special reference to the object cf this wprk — the history of Democracy. And yet it -remains to be stated in what sense we intend to employ a term which so long has heen used to designate a particular kind of government, or the great party liber ally representing the wishes and the interests of the people. As the same party has been known by many different names in different ages,2 and as party names seldom indicate principles, we shall adopt the designations acknowledged by the two great political parties of the United States, the Democratic and the Whig ; and endeavor to show that, though each may vary in the externals of dress, and exhaust the vocabulary of names, it has always been, and still is, relatively and fundamentally the same. conjectures, on each side of a question, are often so equally poised, that the wisest judgments may be held in suspense." These he calls " subjects of indifference," which means, if any thing, a neutrality characterized by apathy. "To call anything indifferent in religion," says an able writer, " is to own that it has nothing to do with religion." Among the laws of Solon there was one rendering all those infamous who attempted neutrality in times of public danger. The following lines are taken from a poem, entitled " The Art of Politicks," published in 1729 : * * The middle way the hest we sometimes call, But it is in Politicks no way at all. A Trimmer 's what both parties turn to sport, By country hated, and despised at court." 1 It is one of the advantages of free governments, says Sir James Mackintosh, that they excite, sometimes to an inconvenient degree, but, upon the whole, with the utmost benefit, all the generous feelings, all the efforts for a public cause, of which human nature is capable. 2 See Table of Parties, — Appendix A, — at the close of the work. THE WHIG PARTY. 13 THE WHIG PARTY. The Whig1 Party, in the United States, represents the conservative principle. What the centripetal force is to the planet, this principle is to the soul. The party prescribes to itself a narrow circle, and centralizes its objects. It assumes to be the conservator of light, and claims the prerogative of stand ing between the great source of its rays and the vast multitudes of men upon whom they were made to shine. It holds back, withdraws and turns back, in its policy. It is timid, doubting and selfish. It claims rule in proportion 1 The adherents of Charles the First were called cavaliers, and their opponents roundheads. In the time of Charles the. Second, the former were denominated tories, and the latter whigs. " The origin of these distinctions is this : At that time a sort of Irish banditti, or robbers, who kept in the mountains and isles formed by the vast bogs of that country, were called tories, and were known by the name of rapparees. As the king's enemies accused him of favoring the Irish rebellion, which broke out about that time, they gave his adherents the name of tories. These, on the other hand, to be even with their enemies, who were closely united with the Scots, called them whigs, a name of reproach used in Scotland." — Dissert, on Rise, Progress, Views, fyc, of, the Whigs and Tories. Pamphlet, 1773, p. 16. The democratic party of England is still termed the whig party. When this term was thrown off by the democrats of America, with a view to return to their proper designation, the conservatives assumed the title. It had a democratic origin and reputation, and the con servative of the United States became clothed in the antiquated garb of democracy. When alluding, therefore, to the whigs of England, we shall designate them as democrats, standing, as they do, in the same relation to the tory party of England as the democrats of America stand to the whigs of America. In speaking of party names in the United States, in an address delivered in 1842, John Quincy Adams says : " The struggle was long and acrimonious for the name of republicans, assumed by both parties, but claimed as exclusive by one of them ; and when Mr. Jefferson had settled that all were republicans, his own party, dissatisfied with the decision, cast off the appellation for which they had so steadily contended, and called themselves democrats." " Were I permitted," continues Mr. Adams, " to select a name for the party to which I should wish to belong, it would be that of constitutionalist." p. 31. This might do in a country where a monarchy refused a constitution ; but in the United States, where all are in favor of one, the term would indicate union, rather than party. The term "federalist" could not continue to represent party principles, when, as Mr. Jefferson said fifty years ago, " all are federalists." It implied a false distinction, and was misused by the aristocracy. " From the time of the adoption of the federal constitution, in 1788," says Judge Ham mond, " till about the time of the election of Gen. Jackson, in 1828, the party opposed to the federalists was known as the republican party. For a long time the word democrat, or dem ocratic, was used as a term of reproach. The republicans were by the federalists called democrats, as synonymous with the word Jacobin. Aud, indeed, it was intended to convey the idea that the republican party, in principle and practice, was nearly allied to the Jaco binic, clubs of France. On. the other hand, the republicans, with a view to cast odium on their opponents, called the federalists aristocrats." — Hammond's Political Hist, of JYew York, vol. I., p. 586. A complete Table of Political Parties will be found in Appendix A. 14 THE WHIG PARTY to its knowledge, forgetting that it is blinded by its possession of wealth, and deceived by its inordinate love of power. "It begs the whole question in dis pute."1 Practically it believes that man was made for government, and not government for man. Its adherents have but a faint conception of a com munity of interests, or of the universality of progress. In their hearts they have a record of brass for every error and excess of liberty, but on their tongues a sponge to blot out the foulest and blackest treacheries of despot ism." 2 When in power, they Stop the great wheels of advancement, as if they were the legatees of. a deceased nation, instead of being the agents to do the business of its government for the future goodof the people: The party is pro fessedly and confidently paternal in its measures, but it admits of rio limit to the period of minority. It seeks to exert a perpetual guardianship, that the people may be cared for, but not trusted- It becomes exhausted by its sole reliance on the resources of its artificial and constructive policy, and divided on questions of expediency as to means for continuing or reestablishing its strength or ascendency. The element of rivalry exerts a greater power than its love of harmony for the common good. It is not only false to principle, but faithless to its own men. They, are sacrificed to secure a -trifling expe dient of temporary pohcy, and present availability in retaining power is prized above a future permanent good. If it may be permitted to use the expression, without offence, the back of the party is ever turned upon the present and the future. The party dwells on the events of the past; and is so. intently fixed in its gaze upon what has been, with a view to the mere reproduction of measures of former times, and without much consideration of the change of circumstances, that they forget to move onward, or to leave the track of power, until crushed by the party engines of their opponents. It has more reverence for the past acts of men than confidence in the government of God vested in the instincts and expe rience of the people.3 The mission of the party is not to be denied because we do not yield to its claims, or concede to it the honor of the first position, as to importance, in the advancement of the great interests of humanity. Facts are simply stated, too well authenticated to be doubted by any considerate man who is conversant with the teachings of history.4 This negative principle is not 1 Sir James Mackintosh, Speech on Reform Bill, Works, vol. in., p. 658. 2 Sheridan's reply to Burke, Pari. Deb., vol. xxx., p. 395. 3 Pulteney (in the time of Geo. n.) was of the opinion " that the trunk of the tree in the government should be formed of democrats, but the tories might be inoculated or engrafted upon it." — Pari. Deb., vol. xii., p. 531. 4 When Lord North complained of the misrepresentations of the opposition, he was thus answered by Burke : "He says that his words, have been misrepresented, and his meaning perverted ; and I am inclined to believe that, if any meaning at all has been imputed to Mm THE WHIG PARTY. 15 peculiar to political organization. It pervades, as has been seen, all the departments of human knowledge, and is ever known by its uniform hostility to most of tho new movements of science and of national progress. If it EVER SUCCEEDS IN THE ADMINISTRATION OF GOVERNMENT, IT IS BECAUSE IT DEPARTS FROM ITS OWN PRINCIPLES. Although the party is not. characterized by the active elements of progress, all will admit that it serves as a stimulant to increased exertions on the part of its opponents, and to greater thoroughness in the attainments of science. It helps to gain what most it dreads.1 A large portion of its members doubt less act from high considerations of duty, and are seized with conscientious amazement at failures which they cannot comprehend ; and we should regret to have our remarks, which are applicable only to constitutional powers and acquired habits of discernment, misapplied to the motives of men. It may be permitted to doubt a man's judgment, and to mistrust his ability to serve the public, and to speak of him as a weak and dangerous agent, — as Col. Barre, in the British Parliament, spoke of the conduct of Lord Forth, in his ministerial capacity, as being "most indecent and scandalous,"2 — while the first part of the charge may be true. His own words have no meaning, and therefore their meaning cannot be perverted. If words have been imputed to him that have a mean ing, he has certainly suffered wrong, and I hope that gentlemen will for the future be more cautious how they commit such offences against ministers of state." — Pari. Deb., vol. xvr., p. 720. If the whigs are misrepresented by any of the language here employed to define their position, the error may find a sufficient explanation in the language of Burke. 1 The principle of conservatism has a defence in the laws of growth. The holding back of reform sometimes gives strength and maturity which can come in no other way so well. On this ground it was that Fox, in alluding to the defeat of the, ministers who attempted to crush the American colonies, made the remark " that though he could not thank God for the many calamities which had overtaken the unhappy land in consequence of the fatal system by which the king and people had been deluded, still he considered it as beneficial that the triumph (of the democratic party) had not been sooner." — Pari. Deb., vol. xxu., p. 1097. 2 This language was highly resented by Lord North. He characterized Col. Barre as ' ' brutal and insolent, " and a great uproar in Parliament was the consequence. He was called to order by the speaker and the opposition, and was required to make an apology. He made two attempts before he succeeded to the satisfaction of Parliament. He finally confessed that "it was a wonder he should ever lose his temper, considering how often he was obliged to hear hard words applied to him personally." "Col. Barre," said Mr. Townshend, "had attacked the minister on public grounds, and in a warrantable parliamentary manner ; yet the -minister, a servant of the public and servant of that house, had dared to call an honor able member of that house 'insolent and brutal,' for speaking what he and every other member had a right to say to any one of the king's ministers." Col. Barre expressed great respect for the noble lord as a private gentleman, but claimed a wide distinction between the courtesies of private life and the high responsibilities of a public position.— Pari. Deb., vol. xxu., p. 1048 — (1782). In speaking of Mr. Pitt (1782), Mr. Fox makes the same distinction. He reprehended Mr. Pitt for resting the sincerity of a ministerial declaration on the purity of his own private character. " Such conduct," said Mr. Fox, " was by no means parliamentary ; nor could it in this instance have much weight. His private character had no reproach ; but his character was to be tried. As a minister, he had no character." — Pari. Deb., vol. xxu., p. 276. 16 THE DEMOCRATIC PARTY. it would be far from the design of any one to impeach his personal integrity, or to question the purity of his private character. THE DEMOCRATIC PARTY. The Democratic Party1 represents the great principle of progress. It is onward and outward in its movements. It ,has a heart for action, and motives for a world. It constitutes the principle of diffusion, and is to humanity what the centrifugal force is to the revolving orbs of a universe. What motion is to them, Democracy is to principle. It is the soul in action. It conforms to the providence of God. It has confidence in man, and an abiding reliance in his high destiny. It seeks the largest liberty, the great est good, and the surest happiness. It aims to build up the great interests of the many, to the least detriment of the few. It remembers the past, with out neglecting the present. It establishes the present, without fearing to provide for the future.2 It cares for the weak, while it permits no injustice to the strong. It conquers the oppressor, and prepares the subjects of tyr anny for freedom. It melts the bigot's heart to meekness, and reconciles his mind to knowledge. It dispels the clouds of ignorance arid superstition, and prepares the people for instruction and self-respect. It adds wisdom to legislation, and improved judgment to government. It favors enterprise that yields a reward to the many, and an industry that is permanent. It is the pioneer of humanity — the conservator of nations. It fails only WHEN IT CEASES TO BE TRUE TO ITSELF. VOX POPULI VOX DEI has proved to be both a proverb and a prediction.3 It is a mistake to suppose that Democracy may not be advanced under different forms of government. Its own, it should be remembered, is the highest conventional form, that which precedes the lofty independence of the 1 Democracy is compounded of two Greek words, — "Demos," people, and "Kratos," gov ernment : The government of the people. 2 ' ' Often , ' ' says the son of the late Judge Story ( whose father was in early life a democrat) , ' ' in speaking of this subject (democracy) , I have heard him say, ' I like as much to see a young man democratic as an old man conservative. When we are old, we are cautious, and slow of change, if we have benefited by experience. When we are young, we hope too much, if we are generous and pure.' " — Life and Letters of Judge Story, vol. I., p. 99. Condorcet, although an aristocrat by genius and by birth, became a democrat from phi losophy. — Lamartine. 3 A few years since, a whig member of the United States Senate sneeringly asked senator Allen, of Ohio, the question, " What is Democracy? " The following was the prompt reply: "Democracy is a sentiment not to be appalled, corrupted, or compromised. It knows no baseness ; it cowers to no danger ; it oppresses no weakness ; destructive only of despotism, it is the sole conservator of liberty, labor, and property. It is the sentiment of freedom, of equal rights, of equal obligations, — the law of nature pervading the law of the land." STANDARD OF DEMOCRACY. 17 individual spoken of by the apostle to the Hebrews, who will need no gov ernment but from the law which the Lord has placed in his heart.1 In one respect all nations are governed upon the same principle ; that is, each adopts the form which it has the understanding and the power to sus tain. There is in all a greater and a lesser power, — and it requires no pro found speculation to decide which will control. A tyrannical dictator may do more to advance the true interests of democracy than a moderate sov ereign who is scrupulously guided by an antiquated constitution ; for the tyrant adds vigor to his opponents by his deeds of oppression.2 The frequent question as to what form of government is best, is often answered without any reference to condition or application of principles. There can be properly but one ansWer, and yet the application of that answer may lead to great diversity of views. When it is asserted that the democratic form of government is unques tionably the best, it must be considered that the answer not only designates the form preferred, but implies a confident belief in, the advanced condition of the people who are to be the subjects of it. It premises the capacity for self-control, and a corresponding degree of knowledge in regard to the rights, balances and necessities; of society. It involves a discriminating appreciation of the varied duties of the man, the citizen, and the legislator. It pre supposes a reasonable knowledge of the legitimate means and ends of govern ment, enlarged views of humanity, and of the elements of national existence.3 The democratic form of government is the best, because its standard of ¦ ' " For this is the covenant that I will make with the house of Israel, after those days, saith the Lord ; I will put my laws into their mind, and write them in their hearts : and I will be to them a God, and they shall be to me a people : and they shall not teach every man his neighbor, and every man his brother, saying, Know the Lord : for all shall know me, from tne least to the greatest." Hebrews 8 : 10, 11. 2 " It has been observed," says Sir James Mackintosh, " that if the illustrious and long- flourishing republic of the United Provinces erected statues to the authors of its liberty, the first would be due to Cardinal Granvelle, whose tyrannical principles provoked the spirit of resistance, and the second to the Duke of Alva, who attempted to carry Granvelle's principles into effect." 3 "What, sir," asked Patrick Henry, in the Virginia Convention, 1788, " is the genius of democracy ? Let me read that clause of- the bill of rights of Virginia which relates to this : (3d clause) That government is or ought to be instituted for the common benefit, pro tection, and security of the people, nation, or community ; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of hap piness and safety, and is most effectually secured against the dangers of mal-administration ; and that whenever any government shall be found inadequate, or contrary to those princi ples, or contrary to those purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter; or abolish it, in such manner as shall be judged most conducive to the public weal." : — Elliot's Deb., vol. in., p. 77. In the same convention, Judge Marshall said, " What are the favorite maxims, of democ racy ? A strict observance of justice and public faith, and a steady adherence to virtue. These, sir, are the principles of a good government," — lb., vol. in., p. 223. 18 DEMOCRACY. moral requisition is the highest. It claims for man a universality of inter est, liberty, and justice. It is Christianity, with its mountain beacons and guides.1 It is the standard of Deity, based in the eternal principles of truth, passing through and rising above the yielding clouds of ignorance, into the regions of infinite wisdom. As we live on, this "pillar of the cloud by day and the pillar of fire, by night" will not be taken from before1 the peo ple,2 but stand immovable, immeasurable, and in the brightness of its glory continue to shed increasing light on a world and a universe. The great objects of knowledge and moral culture of the people are among its most prominent provisions.3 Practical religion and religious free dom are the sunshine of its growth and glory. It is the sublime and mighty standard spoken of by the Psalmist, who exclaims, in the beautiful language of poetical conception : " The Lord is high above all nations, and his glory above the heavens. Who is like unto the Lord our God, who dwelleth on high ; who hum- bleth himself to behold the things that are in heaven, and in the earth ! He raiseth up the poor out of the dust, and lifteth the needy out of the dunghill; that he may set him with princes, even with the princes of the people." I(l To say that man is not in a condition to realize or to appreciate such a standard, is to admit its necessity. To object to its lofty requisitions, is to establish its authority. The standard for a world- should be in harmony with the attributes of Deity, above and beyond the present wants of humanity. To say that an ignorant and immoral people are capable of self-govern ment, is asserting that government may be administered without knowledge and without justice. Such a proposition is admitted by no one, and is, therefore, inadmissible in all discussions as to what form of government is best.6 1 " Democracy," says the late Mr. Legare,"in an article published in the New York Review, " in the high and only trite sense of that much-abused word, is the destiny of nations, because it is the spirit of Christianity." — Vol. v., p. 297. 2 Ex. 13 : 21. 3 " There have been periods," says Lord Brougham, " when the-country heard with dismay that 'the soldier was abroad.' That is not the case now. Let the soldier be ever so much abroad, in the present age, he can do nothing. There is another person abroad ; a less important person, — in the eyes bf some, an insignificant person, — whose labors have tended to produce this state of things : the schoolmaster is abroad ; and I trust more to the school master, armed with his primer, than I do to the soldier, in his full military array, for upholding and extending the liberties of my country." 4 Ps. 113 : 4—8. 5 When Sicily was taken possession cf by Great Britain, the Sicilian government was formed after the model of the British. The result of this experiment is contained in the following quotation from Travels in Sicily, Greece and Albania, by Rev. Mr. Hughes : " JVo words can describe the scenes which daily occurred, upon the introduction of the representative system in Sicily. The House of Parliament, neither moderated by discretion DEMOCRACY. 19 Democracy is a permanent element of progress, and is present every where, whatever may be the temporary form of the ruling power. Its inextinguishable fires burst forth in an empire, and its welcome lights cheer the dark domains of despotism.1 While tyrants hate the patriot, and exile him from their contracted dominions, the spirit of democracy invests him as a missionary of humanity, and inspires him with an eloquence which moves a world. Its lightning rays cannot be hidden,— its presence cannot be banished. Dictators, kings and emperors, are but its servants; and, as man becomes elevated to the dignity of self-knowledge and control, their ministration ceases. Their rule indicates an imperfect state of society, and may be regarded as the moral props of the builder, necessary only to sus tain a people in their different periods of growth. One cannot speak of them lightly, nor indulge in language that should seem to deny their fitness as the instruments of good in the hands of Providence. Their true position may be best gathered from the prediction which is based upon a. knowledge of the past and present condition of man, — that all kingdoms and empires must cease, whenever a people have a knowledge of their rights, and acquire the power of a practical application of principles. This is the work of time. It is the work of constant, repeated trial. The child that attempts to step an hundred times and falls ; the new-fledged bird that tries its feeble wings again and again before it is able to sweep the circle of the sky with its kindred flock, indicate the simple law upon which all strength depends, whether it be the strength of an insect, or the strength of a nation. Because a people do not succeed in changing their form of government, even after .repeated trials, we are not to infer that they are indulging in impracticable experiments, nor that they will be disappointed in ultimately realizing the great objects of their ambition. Indeed, all failures of this class are indicative of progressive endeavor. They imply an increasing knowl- nor conducted with dignity, bore the resemblance of a receptacle for lunatics, instead of a council-room for legislators ; and the disgraceful scenes so often enacted at the hustings in England were here transferred to the very floor of the senate. As soon as the president had proposed the subject for debate, and restored some degree of order from the confusion of tongues which followed, a system of crimination and recrimination invariably commenced by several speakers, accompanied with such furious gesticulations and hideous contortions of coun tenance, such bitter taunts and personal invectives, that blows generally ensued. This was the signal for universal uproar. The president's voice was unheeded and unheard ; the whole house arose ; "partisans of different antagonists mingled in the affray, when the ground was literally covered with combatants, kicking, biting, scratching, and exhibiting all the evolutions of the old Pancratic contests. Such a state of things could not be expected to last a long time ; indeed, this constitutional synod was dissolved in the very first year of its cre ation, and martial law established." — Vol. I., pp. 5 — 7. This statement, though said to be authentic, bears the marks" of prejudice and exaggera tion. Results are given with an assumptive statement of causes. 1 It is what Lord Bolingbroke denominated "the spirit of liberty," in contradistinction " to the spirit of dominion." 20 THE OBJECTS OF HISTORY. edge of the true dignity of man, and a growing disposition to engage in new and more and more difficult endeavors. These endeavors are but the exer cise of a nation, and without them no people can ever command the elements of national existence and of self-control. But inquiries in regard to so extensive a subject should be shaped within more practical limits. THE OBJECTS OF HISTORY. In writing a history, whether it be of science, man, or of nations, the mind is influenced by certain definite motives in respect to the development of principles. The study of events, and the frequent repetition of the same phenomena connected with mind, condition or happiness, should result in opening to the understanding certain fundamental principles, which discover not only the great objects of life, but the surest means of their accomplish ment. To assert, therefore, the following propositions, will not be deemed too formal by the reader, when he is assured that the chief motive in their assertion is to insure distinctness and simplicity. They are stated consec utively, that their logical relations may more readily be seen. I. That man is capable of infinite progress, as the agent of- knowledge and the seeker of power. II. That his sphere of action embraces (1st), Duties to himself and society, (2d), Duties to the nation of his nativity, (3d), Duties to the world, and (4th), Duties to God. III. That the prop osition premising capacity for progress, comprehends certainty. IV. That certainty of fact implies certainty of means. V. That certainty of means implies knowledge and certainty of success; and, VI. That certainty of success is a fact proved both by the history of nations and by the condition of man. In view of these propositions, to be considered as one of a collective and relative character, it is proposed to give a brief review of history, to show that the destiny of man is that of perpetual advancement in knowledge, free dom and happiness, and that Democracy is the great instrument by which these ends are to be accomplished. It is a singular perversity of intellect, which has characterized almost every age, that, while physical results are traced with a confidence and certainty that give no place to doubt, the moral world is practically looked upon as subjected to no rule but that of chance, and without any recognition of fun damental laws. If we turn to the physical sciences, we find each defined with a distinct view of their elements and objects. There is no ambiguity or uncertainty. A prop osition is either proved to be true, or shown to be false. Why may not a more exact method be adopted in the study of history, so as to insure an accurate knowledge of events as causes, and arrive at a similar result, that mosaic history. 21 the inquirer-may bo able to solve with more clearness the great problems of man's capability and destiny? To show that virtue is indissolubly con nected with happiness, crime with misery, and industry with thrift and con tent? To show that the spirit of liberty is an eternal principle, and that nations are destined to be blessed by its unconquerable presence ? To show that it is the nature of knowledge to disarm tyranny, and to dispel supersti tion ? To show that life if but a warfare between the elements of good and fcvil, and that confidence in God is victory on the side of humanity? To show that nations ruled by wisdom must prosper, and that nations governed by a disregard to' justice must fall? To show that kings and emperors are to become as nothing — the people everything?1— -and that whatever we think or do should be in harmony with the great plan of Divine Providence, as to what we are, and are to be ? THE MOSAIC ACCOUNT OF CREATION, though brief and allegorical, breathes the spirit of love in its teachings of gradual development. From chaos to order, from substance to form, from darkness to light, from light to beauty, and from organized matter to pro duction, may be seen the diversified elements of a world springing into harmonious being and living action. In alluding to early history, reference cannot be made with so much con fidence to events, which are but imperfectly stated, as to the spirit of history itself. Its recitals are poetic, and knowledge may be gathered from the lofty sentiment which pervades them. It has been well remarked by an author of much merit that, " All that can make man happy upon earth, and bear him rejoicing up to heaven, has its beginning and its end in the worship of his Creator." 2 The Hebrew knew no government but that of God, and was influenced by no power but that of divinity. " Wherever the Israelite turned, he was reminded," says an intelligent writer, "of the presence of his God and of his King. His King was in heaven, his God was on earth."3 The history of Moses is an important source of instruction, in so far as it relates to the condition of society in its earliest periods. In it is found a vivid description of an oppressive government, of a people struggling for liberty, and of a government party employing all the engines of its authority to oppose the party of freedom, which is designated as the party of the Lord. There the reader finds a lawgiver of supernatural energies, asking wisdom of his Maker to dispense to the people, that they might understand their rights, their duties and necessities. He consults them with- a lively concern, 1 In reference to France, the Abbe Sieyes asked this question : "What is the tiers-etat ? " And. he answered/" Nothing." — " What ought it to be ? " — " Everything." . .» Eliot's Roman Liberty. 3 lb. 22 UNCERTAINTIES OF HISTORY. and predicts with truthful precision the blessings which flow from obedience to just laws, from habits of industry, and the inevitable penalties which await all who are wilfully indifferent to their requisitions. Some profit might' be derived from a study of Egypt, China, and other ancient empires, by noting, so far as we should be able to do from the uncertain sources of history, the various causes. of their growth, changes or decay; but we are admonished by the limits of "this work to con fine our remarks to such nations as will best illustrate the great topics to be discussed. These early periods are alluded to chiefly for the purpose of claiming for the subject under, consideration the most extended inquiry, with the conviction .that the reader will find ample historical evidence tend ing to prove that the elements of national existence before the Christian era are constantly being reproduced by the people and rulers of modern times, though in new and advanced combinations.1 INTERPRETATION OF LANGUAGE — UNCERTAINTIES OF HISTORY. It is well remarked by Thierry that " the situation of civilized men varies and renews itself incessantly. Every century that passes over a people leaves a different mode of life, different interests, different wants,' frpm what it found. But in this succession of different states language does not change so rapidly as things, and it is rare that new facts meet at any given point with new signs that express them."2 The importance of this practical view can hardly be overestimated. The modes of expression employed by rude and ignorant nations are generally hyperbolical ; and when we consider' that every age, from the earliest to the latest periods, has its own standard of justice and refinement, its own schools of thought, and its own habits and customs, corresponding to the varying peculiarities of people, government and institutions, we cannot long be at a loss to account for the prolific sources of the uncertainties of history. In the transmission of knowledge from the ancient philosopher and orator to modern times, the scholar of each succeeding period is ambitious to afford to his generation an improved translation, a more polished diction of the clas- 1 " In ancient times," says M. Guizot, " at every great epoch, all societies seem cast in the same mouhl : it is sometimes pure monarchy, sometimes theocracy or democracy, that prevails ; but each in its turn prevails completely. Modern Europe presents us with exam ples of all systems, of all experiments of social organization ; pure and mixed monarchies, theocracies, republics, more or less aristocratic, have thus thrived simultaneously, one beside the other ; and, notwithstanding their diversity, they have all a certain resemblance, a certain family likeness, which it is impossible to mistake." — Hist. Civ. of Europe, vol. I., p. 24. In this diversity of form we find the elements of progress. As society advances, diversity lessens, and unity is approached. 2 Hist. Essays, p. 25. ANCIENT AND MODERN GREATNESS. 23 sics, adding glory' to the heroes and wisdom to the philosophers of history. The goodness of the great becomes magnified, the learning of the sage exag gerated, and the patriotism bf the lawgiver exalted. The story of the battle-field, the loves of the poets, the burning eloquence of the rostrum, and the stately dignity of a Plato, a Lycurgus, a Caesar, or a Pompey, and the glowing descriptions of regal splendor, are too often made the standards of present moral endeavor, and the ornaments of modern descriptions of great ness. A man of slight knowledge among the ancients was more the prodigy of his period than the most learned man of modern times. In speaking of great men, M. Guizot seems to have surrendered his usual extraordinary powers of analysis to the counsels of his fears, when he says, " From the time when labor has been free, and subject to the same laws for all, the number of men who have raised themselves to the first ranks in the liberal professions has not sensibly increased. It does not appear that there are now more great-lawyers or physicians, more men of science or letters of the first order, than there were formerly. It is the men of the second order, and the obscure and idle multitude, that are multiplied."1 M. Guizot seems to forget that, as the masses of society are elevated by the increasing means of genius and education, and as the professors of learn ing -become more numerous, the standard of greatness is much higher than formerly. The possession of knowledge in ancient times was deemed almost as one of the prerogatives of sovereignty, or as within the sphere of theocratic rule. If a philosopher arose from the ranks of the common people, he was directly claimed as the companion for princes. Men of science seldom con descended to teach the ignorant, except to excite their sentiment of wonder, and the ignorant esteemed it presumption to aspire to a knowledge of the mysteries of mind. It must not be supposed that the spreading light of ¦ Christian civilization renders less certain or difficult the extraordinary devel opments of genius, so much as it tends to advance the common mind to the dignity of enlightened endeavors and intelligent appreciation. It is to Jbe admitted that the hallucinations of history sometimes shine with a borrowed light, and add to the spirit of ambitious endeavor. . In actual ignorance of the powers of Demosthenes and Cicero, the orators of all coming time may hold them up as models, to be reached, — though many of modern times may have surpassed them in eloquence, and died without a name for posterity. Darkness is a necessary condition to the appreciation of light ; and When sunshine is perpetual, it ceases to be prized as a bless ing,2 thus showing that the sources of mental activity exist less in what we see and possess, than in what we think and feel of what has been or may be. 1 Democracy in France, p. 32. 2 In latitudes where the temperature of the climate is uniform, and the sky clear, a cloud or a storm is hailed with enthusiastic demonstrations of joy. 24 REPUBLICS OF GREECE AND ROME. Impressed with such considerations of allowance, we may speak of the REPUBLICS OF GREECE AND ROME, and not commit the common error of measuring, their sources of power, or causes of decay, by a standard of a doubtful scale. The language of politics remains essentially unchanged, though varied in application. What sovereignty, submission, government, people, were to Athens or Rome, they are essentially to the nations of to-day. , These words indicate the relations, but not the conditions, of power. The relations of duty are perpetual, but capacity may be adjusted to a low or to a high standard. If we study the harmony of history, so far as it relates to' Ancient Greece and Rome, we cannot fail to discover a state of society so entirely different from that of modern times, that we are led to exercise great care in biiilding theories upon comparisons. It is sufficient for our present purpose to allude to the indisputable fact that the republics of Greece and Rome commenced their growth with the rudest elements of society, and gradually add»d to their sources of power, prosperity and character, by means of a special domestic activity in combination with a liberal policy -in regard to foreigners. They were advanced by the spirit of democracy; and though they were occasionally interrupted, by departures from the principle, in their periods of decline, still, all their great and glorious conquests may be traced to the patriotism of the people responding to the demands of a liberal government. A careful study of history does not end in wonder why the republics of Greece and Rome were not saved by democracy, but in the logical conviction which comes from knowledge that their civilization was too limited, too par tial and too feeble, to be continued, except in dissolution, and in renewed combinations of a higher life and a more extended philosophy. Ite is to be observed that the different cities of Greece were made up by men of different origin, tastes and endowments. Each class had its peculiar sphere of activity ; each developed a different portion of the human faculties, and each produced its own proper results; and all found decay in the univer sal law of death, to the partial or artificial conditions of ignorance, and to the rule of injustice. The people of Athens were quick and bold, but they were deficient in the elements of endurance. They were in some degree intellectual, but their tastes tended rather to the refinements of art than to solid attainments. They were industrious, and loved peace ; but the products of their labor were dissipated by licentious habits and luxurious living. What was designed by Providence to give the comforts of life to a nation proved fatal to them as a people.1 If they were -sometimes patriotic, they were often 1 Aristotle' said of the Athenians, " That they have both wheat and laws : the wheat they make use of, the laws not." REPUBLICS OF GREECE. 25 treacherous ; and though evidently of a pacific disposition, compared with other people of the same period, they were broken into numerous factions, and failed to realize that unity of character and purpose so necessary to the permanency of national power. They announced their laws and administered justice with an apparent show of respect for the will of the people ; but they permitted no citizen to propose reform without incurring the risk of being rendered infamous by failure ; and if they had any conception of equal rights defined by law, they were shamefully faithless to their own avowed princi ples, by a resort to ostracism; to remedy an evil arising from jealousy by a total disregard of the most obvious rights of humanity. Their concentration of genius upon the fine arts gave them a golden age, which will ever stand as a shining monument to their matchless achievements. But their sculp tors and painters quarried but a single vein of the human mind ; and their productions of skill and beauty served rather to increase their pride and vanity than to extend the domain of wisdom. It has been said, that " while the object of Milton's Paradise Lost is to vindicate the ways of God to man, the ignoble subject of Homer's Iliad is the rage of Achilles." Their pas sions were alive to the externals of nature, to the /personal relations of indi viduals.; but they accomplished but little towards maturing a judgment that could either point out or supply the legitimate wants of society, or compre hend the government of a nation.1 In noticing the Republic of Laced^mon, it will not be attempted to examine the ingenious theories of writers in regard to the origin of the peculiar government instituted by Lycurgus, all of them being worthy of perusal, though no one having the merit of presenting an analysis not liable to some objection. Lycurgus was doubtless influenced by what he deemed to be the results of experience. He was of the eclectic school, and evidently endeavored to select the best features of the governments of foreign nations which he visited, and to reject whatever he supposed had resulted in more evil than good.2 In his studies he saw national strength in a hardy and a military race. To him the physical world controlled the moral, — and yet he acknowl edged a power above it. He saw that unity of character could only come from isolation, and that the foreign element rendered a people doubtful. He '"It is customary," says an intelligent writer, "to contrast the fall of Athens with her greatness at one time, and to attribute that fall to her democracy. It seems to be forgotten, that, but for her democracy, she never would have had a place from which to fall." 2 Plutarch says, that Lycurgus, on returning, after an absence of many years, which he had spent in Crete, Egypt, Africa, Spain, and Asia, in conference with the learned men of all these countries, and in the study of their laws and governments, conceived the great design'of entirely new modelling the laws and constitution of his country, then in the utmost disorder and imperfection 4 26. REPUBLIC OF LACED^MON. saw that commerce engendered selfishness, which was inconsistent with patriotism; and that money, though a convenient servant, was a corrupting and debasing master.1 As he considered his mission to , be that of a ruler and lawgiver, the state was paramount to all other interests. He sought for sources pf strength* in- system which only come from character. He cir cumscribed His views to embrace only what concerned his own nation, leaving a similar independence to others. The individual was lost in the republic. He not only sought to control the elements of power, but to shut1 out, or literally to close, the conjectured sources of weakness, as if human nature could be expelled from the human breast. The romance pf love was regarded as unmanly; the domestic affections, selfish. The. fine arts and the refinements of society were looked upon as beneath the dignity of the state, and whatever bore the features of effeminacy was held in public contempt. A cursory view of his system shows that he saw danger in the partialities- of parental love, danger in the affections of woman, and danger in whatever did not directly tend to the perfecting of the physical man, to the power ©f the citizen, to the skill and bravery of the soldier, and the unity of the republic.2 Such a system of government was not established without, great and original energies of mind, nor without great difficulty.3 It exhibits a theory which embraces contradictory elements ; and, while it provides with a careful hand for the exercise and cultivation of a portion of the human faculties, it proscribes and prohibits the activity of all the rest But half of the man is recognized and acknowledged. The visible results. of the Creator's might were looked upon as causes, — hut the spirit of his love, which clothes a world 1 As money is a conventional power, and exists only by legislation, for the convenience of society, as a certificate of value, Lycurgus sought to protect it .from abuse, by keeping it to its legitimate uses. His money was but a small improvement upon the ancient system of barter. The sum of ten mina — equal tojabout one hundred and fifty dollars— - would, in the Spartan money, as Plutarch tells us, fill a large apartment, and could not be trans ported without a yoke of oxen. 2 Children at Sparta were not considered as belonging:to the individual parents, but to the state. After the performance of the first maternal duties, the youth were educated at the charge of the public ; and every citizen had as much authority over .his neighbor's children as over his own. Slaves, in the same manner, were a species of common property. Every man might make use of -his neighbor's slaves, and hunt, as Xenophon informs lis, not only with his neighbor's servants, but with his dogs and horses. . 3 Although it was said by Plato that Lycurgus " appeared like a god among men," still his regulation of the diet of the citizens excited such commotion that, in a popular tumult, he had one of his eyes beaten out. " It is false," says Thierry, " that assembled men ever gave themselves up to one amongst them, permitting him to arrange, and, as it is expressed, to constitute them in his own way." It is remarked by Ferguson, that " we must somewhat mistrust what tradition teaches us respecting ancient legislators and founders of kingdoms. The plans which are supposed to have proceeded from them were, probably, only the consequences of an anterior situation." REPUBLIC OF ROME. 27 in beauty, was undiscovered. More confidence was shown in the physical than in the moral nature of man ; and, while all the benefits were demanded which help to build up a state, the nation was counted nothing beyond its own sphere. The state claimed to encourage and protect the true interests of man, and yet esteemed the objects of. life as beneath its dignity. It mistook the ultimate formations of society for the social and domestic duties of life; and, while it was alive to everything which promised protection and defence, it discovered the singular absurdity of having nothing to defend. The republic of Lacedaemon was more like a standing army, permanently encamped, than a nation • and the people more like soldiers than citizens. Thus we have another example of a republic based upon a limited portion of the human faculties. It made but a partial provision for the whole nature of man, and the neglected faculties rebelled against the unnatural outrage.1 The people of Athens "were false to humanity, by their exclusive devotion to the fine arts and poetry, as if luxuries were the sole objects of life; and the Lacedaemonians committed a similar error, by opposing, though from motives of an opposite character, all the refinements of society, — as if war was to be the final destiny of nations. Both stand as representatives of extreme experiments to illustrate the results of opposite causes; and both afford examples to prove that no nation can continue permanently to exist and prosper while it neglects to provide for the development of all the funda mental faculties of man. REPUBLIC OF ROME. If we turn to Ancient Rome, we find a people early inspired by motives of ambition to control, and who were favored by unusual endowments of courage and firmness. Its early kings are represented as men of great energy; and, though the territory said to have been marked out by Romulus was small, still their policy had no limits, and they seem to have had an intuitive perception of -many of those elements of growth which give power to a people and greatness to a nation. Their ambition was not satisfied by the control of a domestic policy, and 1 Still there were two parties. . The return of the Heraclidse gave two kings to Lacedsemon. In th.e partition of their conquests, Sparta fell to the share of Eurysthenes and Procles, the sons of Aristodemus, who" agreed to a joint dommion, which should descend, in the same man ner, to their posterity. The sovereignty, split into two branches, remained thus divided for about niue hundred years. Condillae remarks that the throne seemed preserved in the line of the Heraclidaj only with, the view of preventing any citizen from aspiring to it ; and two kings were, in reality, less dangerous to liberty than one, since they constantly kept alive two oppo site parties, each restraining the other's ambition, and thus preventing all approach to tyranny. 28 REPUBLIC OF ROME. they early discovered a spirit to extend their possessions and -to add to their population. They appear to have been divested of the natural -prejudices peculiar to the races, and to have relied with great confidence upon a common union of people, of different origin, customs, and languages. They received into fellowship strangers1 of every grade who manifested a disposition to dwell among them ; and they were surrounded by numerous colonies, or, more' properly speaking, petty settlements, or towns, which were gradually subdued, and counted as so many glorious conquests.2 The people were divided into two great classes, — the patripians3 and the plebeians; or, as some assert, but not with much claim to accuracy, the conquerors and the conquered.4 However obscure the early history of Rome may be considered, it is obviously certain that the original settlers were" not only characterized by a singular unity of purpose and feeling, but by an intuitive knowledge of /principles. Romulus, it is said by the historian, was particular to show marked "respect for immortality obtained by merit;" and when he gave to the rude and uninformed people a body of laws, he added to the dignity of his own carriage by assuming the ensigns of sovereignty, that the occasion might be remembered and respected. Livy claims for the Romans great purity and magnanimity of charac- 1 Tacitus, vol. I., p. 7. 2 " History of Civilization of Europe," by M. Guizot : vol. I., p. 27. s The patricians were the first order, or nobility, of the Roman people, When the consti tution of Rome was monarchical, they elected the king ; and after the expulsion of the Tarquins, all the great officers of the state — as consuls, praetors, &c. — were chosen from their body, for many generations. Of the patricians, also, the senate was composed ; but, in after times, both this tind the great -magistracies were thrown open to the plebeians. The plebeians, though personally independent, in early times had no political power. The gov ernment was entirely in the hands of the patricians, who, with their clients and the king, formed the original people. The plebeians gradually gained ground, till, in the last ages of the republic, they participated in all the affairs of the government. 4 Lucius Tarquinius is said to have afforded the first instance of making way to the crown by paying court to the people, and to have made a speech composed for the purpose of gaining the affections of the populace, — telling them that " it was np new favor which he solicited ; if that were the case, people might indeed be displeased, and surprised ; that he was not the first foreigner, but the third (alluding to Tatius and Numa), who aimed at the gov ernment of Rome." — Baker's Livy, vol. i., p. 26. When Caius Flavius, son of Cneius, grandson of a freedman, — a notary, in low circum stances, originally, — was appointed curule adile, it excited great indignation in most of the nobles, who laid aside their gold rings and bracelets in consequence of it, — a truly aristo cratic indignation! "From that time," says Titus Livius, "the statewas split into two parties. The uncorrupted part of the people, who favored and supported the good, held one side ; the faction of the rabble, the other." It is not a little remarkable that Livy, in making this remark, should have forgotten the eloquent speech of .Caius Canuleius, given in his own work, who triumphantly exhibits the achievements of this " faction of the rabble." (See Baker's Livy, vol. i., p. 136.) REPUBLIC OF ROME. 29 ter, and a profound respect for justice. Perhaps this language might be regarded, at the period in which he wrote, as truthful and applicable ; but not in the sense which would be implied by the use of such terms at the present day. The same author, in speaking of Cincinnatus, says, " He was the sole hope of the empire of Rome;" and this was at a period when the pompously announced empire did not extend more than twenty miles beyond the city ! x To have been so long the mistress of the world, is a fact that will account for much of the extravagance of history, and for many of the dis crepancies of historians. During a portion of the period of her glorious rule, she may have been, comparatively speaking, the first in virtue, as well as the first in arms. Admitting such to be the fact, it is not to be inferred that the civilization of ancient Rome was anything more than a mere germ of what civilization is in modern times. We speak of civilization in the enlarged sense of the term, — as embracing the objects of life, and the knowledge of things.2 It is giving to the ancient Romans an enviable position, to concede an early conception of the grand outline of man's future greatness. That they extended the domain of mind, and exercised a greater number of the human faculties than any people of a previous period, is certainly true. But their labors were rudimental in the formation of nations ; and, though highly suggestive, they are to be looked upon as parts of a great whole, detached from the original framework of their period, and showing how much was left to decay in their decline, and how little to remain as the monuments of their genius and greatness. There is no nation of ancient times, perhaps, which better illustrates the sources of prosperity and adversity than the Republic of Rome. Its long- continued existence, and sovereign sway, — its universal control of nations, as well as of people, — placed within its reach all the diversified elements of power, and gave the Romans the means of testing the value of every new thought, and of trying every variety of experiment peculiar to their times. They lived to see the growth of habits which generations accumulate, and to reap the reward of obedience to natural laws, or to suffer the penalties which are sure to follow their violation.3 It is a remark of a learned historian, that " No nation has afforded a more striking example than the Romans have done of the necessity of good morals 1 Dionysius of Halicarnassus discredited his own authority, by confessing the motives which led to his extravagant expressions in regard to the Romans. He desired to make a popular history, and one that would flatter the pride of the Romans, as well as inspire his own countrymen, the Greeks, with a high idea of the dignity of their conquerors. 2 See " Republic of United States of America," &c, p. 13. 3 "It is most evident, to all such as are in the least acquainted with the Greek and Roman hmories," says a writer in the seventeenth century, " that bribery and corruption were the chief causes of the overthrow of those free governments." — Pari. Deb., vol. v., p. 930. 30 ANCIENT ROME. to the preservation of political liberty, and the happiness of the people."1 This opinion is but the repetition of the advice of Phocion to Aristias. " Accustom your rSind," said he, " to discern the prosperity of nations, that recompense whish the author of nature has affixed to the practice of virtue; and in their adversity, the chastisement which he has thought proper to bestow on vice." 2 The proposition that virtue is indispensably necessary to the permanent prosperity of a nation is theoretically admitted by all. But, in stating this, it should not be forgotten to add another, embracing, the equal necessity of knowledge. A virtuous blind man may walk over a precipice; an honest -, traveller may lose his way ; and an athletic wrestler, untrained in the art of swimming, may sink, powerless, in the flood. So a well-disposed people may abuse their privileges, and lose their liberties, through ignorance, — from want of knowledge of the requisite means to sustain them. In all such examples, the causes of failure maybe mostly traced to defective knowledge of the natural laws. Because the republic of Rome was independent as a nation, it does not follow that the Romans were free as a people. The sources of national existence may spring from the arbitrary exercise of individual power, from the conventional combinations of different races, or from the development of individual faculties. France, Russia, Austria, are independent nations ; but their people are far from being free. Mexico, and the republics of South America, are nominally independent nations ; but they stumble from consti tutional weakness, and are weighed down by the shackles of ignorance, and blinded by the delusions of superstition. The fabled origin of Rome sufficiently indicates the spirit and pride of her people. Her founder was the reputed son of Mars ; and how true the ' people were to the god of war may be seen in the fact that the temple of Janus was closed but once during a period of eight hundred years.3 If the Romans were brave, it must be confessed that they were turbulent ; and, if patriotic, that their highest motives were those of conquest. Their examples of magnanimity were but exhibitions of power ; and their acts of justice, condescensions of grace. Their zeal for freedom was but an unlim ited confidence in the power of the strongest, and their philanthropy a pride, engendered in the scant benevolence of a clan, a class, or a party. 1 Tytler. 2 Lord Bolingbroke says, "The grandeur of Rome was the work of many centuries, the effect of much wisdom, and the price of much blood." 3 This temple was closed only during the time of peace. It was during the interval between the war against the Cantabri and the Dalmatian expedition of Tiberius, that Augustus closed the temple of Janus. It had been closed only twice during the whole period of Rome's exist ence, — once in the reign of Numa, and the second time, after the first Punic War, in the consulship of T. Manlius Torquatus. — JViebuhr's Rome, vol. v., p. 89. ANCIENT ROME. 31 It is a proverbial speech, " that the corruptions of the- best things are the worst;" and Lord Bolingbroke makes an application of it to the republic of Rome. Although the proverb may be true to a limited degree, yet it not only fails to explain itself, but conveys an error by implication. Things do not become the worst because they have been the best ; for this would be a confusion of language, premising an evil consequence as the effect of a good cause. The best things fail, because they are not sustained by other things to correspond. One good thing is not sufficient to form a character, or to save a nation. The best and worst things of a nation grow together, as the wheat and the tares of the planter. But the mastery of the good or the evil is only seen at the harvest-time.1 If the worst things prevail, the best are excluded, and a nation ceases. If the best things prevail, the worst are abated, and the nation is seen to be one of progress. A survey of the vast field of the past, as represented by history, in which the ruins of the Roman empire lie scattered and covered by the dust of centuries, cannot fail to discover the crumbling fragments of tyranny, feroc ity, ignorance, childish frivolity, inordinate appetite and infamy, mixed with the huge piles of departed power and grandeur. The founder .taking the blood of a brother ; 2 a daughter in exultation riding over the dead body of a vanquished father ; 3 the wife of a ruler spitting upon the trunkless head of a Cicero, and piercing his lifeless tongue with a bodkin ; * a senate abased by the childish act of driving a nail into the sacred temple to stay an epidemic ; the Carib gladiator desecrating the earth by his unholy vows, and pledging devotion to all that is revolting and monstrous ; 5 1 Matt. 13 : 25—30. 2 When Romulus began to lay the foundations of Rome, and marked with a furrow the place where he wished to erect the walls, their slenderness was ridiculed by Remus, his brother, who leaped over them with the greatest contempt. This greatly irritated Romulus, and. Remus was immediately put to death, either by the hand of his brother or one of his work men. 3 This was Tullia, a daughter of Servius Tullius, Ring of Rome. She married Tarquin the Proud, after she had murdered her first husband, Aruns ; and consented to see Tullius assas sinated, that Tarquin might be raised to the throne. It is said that she ordered her chariot to be driven over the body of her aged father, which had been thrown, all mangled and bloody, in one of the streets of Rome. 4 Cicero was overtaken while attempting to flee. His head was cut off, and carried, with his hands, to Antony. Fulvia, the wife of Antony, took the head in her lap, spit upon it, and, drawing out the tongue, pierced it several times with a bodkin. 5 These gladiators were taught not only the use of their arms, but likewise the graceful pos tures of falling; when they were wounded, and the finest attitudes in which to die. Their food was of such a nature as to enrich and thicken their blood, jbo that it might flow more slowly through their wounds, and thus give to the spectators a prolonged exhibition of their dying agonies. On entering their profession, these miserable beings were accustomed to tate the following oath.: " We swear that we will suffer ourselves to be bound, scourged, burned, or killed by the sword, or whatever elseEumolpus ordains ; and thus, like fkee-born gladi ators, we religiously devote both soul and body to our master." What an indication of the religion of Rome ! 32 ANCIENT ROME. rulers that were degraded by lust ahd violence, and patricians that were debased by cupidity and bribery ; a nation continuing for a period of five hundred years without a practical knowledge of the divisions 6f time; x a people demanding death to their best men, and fife and authority for their worst ; 2 Caesar provoking a vomit that he might gorge at the supper- table of Cicero;3 great Scipio playing with the pebbles and shells on the banks of the Lucrine ; 4 and, as if necessary to complete the humbling pic ture, we see a people rejoicing in the infamy of an emperor,5 — an emperor taking the life of his mother,6 singing to the furious flames that were con suming the capital, and a government so lost to all pride and decency as to sell the control of the empire to the highest bidder, by public auction.' The "worst things" had prevailed, and the best had been excluded. Something more was wanting than faithfulness to what they had. . .From the beginning, they were'-destitute of the vital elements to be foundpnly in Christianxivilization. But, if we look to the means' employed by the Romans to advance the grandeur and power of the republic, we shall find them chiefly represented in the unsleeping spirit of democracy.8 We shall find how the willingness of 1 Extraordinary as it may appear to us, it is certain that the Romans were, for nearly five centuries, utterly ignorant of the day by hours, and knew no other distinction but that of morning, mid-day, and evening. — Tytler, voL I., p. 443. 2 " Rome was governed by the arbitrary will of the worst of her own citizens, of both sexes; by Caligula, Nero, Messalina, Agrippina, Poppasa, Narcissus, Calistus, Pallas, — by princes who were stupid or mad." — BoHngbroke on Parties, p. 275. 3 When Julius Caesar paid a reconciliating visit to Cicero by inviting himself to sup with him, he took care to let Cicero know that he had taken a vomit beforehand, and was resolved to make a most enormous meal ; and Cicero tells us lie kept his word, which, for his own part, he took very kindly, as a mark of Caesar's great politeness. — Cic. Epist. ad. Attic, 13, 52. 4 Cic. de Oratore, lib. ii.; c. 6. 5 Poppsea, a woman of great beauty, but abandoned morals, had been seduced from her hus band by Otho, who in his turn prostituted her to the emperor, to serve his own purposes of ambition. She soon gained such an ascendency over' Nero, that he was induced to divorce his wife Octavia, to make way for her to the throne ; and such was at this time the infamous Servility of the Roman senate, that a panegyric was pronounced in praise of the emperor, and a deputation sent to congratulate him on this auspicious event. — Tytler, vol. I., p. 487. 6 Nero. 7 After Pertinax was openly murdered in the palace; Sulpicianus, the father-in-law of Per- tinax, demanded the empire from the praetorians, who replied to him that he should have his chance for it at a fair auction, as they had resolved to bestow it on the highest bidder. Didius Julianus, a wealthy senator, was present when the intelligence was delivered. - He was per suaded instantly to repair to the prsetorian camp, and bidding at once a considerable sum beyond the offer of Sulpicianus, he was immediately proclaimed emperor, and the senate did not scruple to sanction, the infamous proceeding. Didius reigned sixty-six days. 8 The progress of the democratic party is admirably given by Caius Canuleius, in a speech to the Romans, as given by Livy, vol. I., p. 136. ANCIENT ROME. 33 the higher classes to grant, was surpassed by the energy of the lower to win, the extension of liberty in Rome.1 The history of Rome is filled with the conflicts of party. The party lines were deeply drawn from the first, and the plebeians were left to struggle alone against oppression, until there arose a rivalry between the kings and the patricians, and then the people were courted by both for influence. If we turn to their legislation, we find the people gradually gaining their rights and establishing them. On the one hand, the senate, sustained by a powerful aristocracy, began by controlling the institutions of religion, the science of government, the objects of industry, the means of wealth, the preroga tives of peace and war, and the immunities of freedom. On the other, the people, made up of every variety of nation and language, — at first, ignorant of their rights, and still more so of the means necessary to secure them ; willing and brave as soldiers, and proud as' citizens ; though unconscious of their importance to the republic, still ready to serve in all enterprises tending to add to its glory, — soon discovered that they had comforts to defend, privi leges to secure, rights to understand, prerogatives to assert, and a conscious dignity which inheres in self-knowledge, and glows in the spirit of freedom, — to guard, defend, and to hold as sacred. They soon found, what the people of every nation have been destined to realize, not only the necessities of their political condition, but that they were opposed by a party of men who claimed distinctions on account of their rank, wealth and power, and who professed to be allied to the gods. Their advancement in knowledge, and developments of sentiment by the exciting circumstances of a growing state, gave definiteness to their will and form to their wishes. Their petitions for reform, were strenuously opposed by the conservative party ; but the democ racy of the people prevailed. Their early expectations were modest, but every gain of power revealed new views of right ; and a history of their continued petitions is but the record of the means employed to build up the glory of the Republic. Added to these sources of strength and partisan activity, we should not omit to estimate the foreign element which pressed from without, and gave to the party conflicts at home a greater unity, and freed the state in a great degree from the annoyance of numeri ous factions to which they were liable, on account of the great diversity of people who inhabited their territory, having separate or peculiar interests. There is no better monument to the glory of the democracy of ancient times than the Roman laws, which still have a living influence in the councils #f all nations.2 1 Eliot's " Liberty of Rome." 2 "It might, indeed, be affirmed," says D'Aguesseau, "that justice has fully developed her mysteries only to the Roman lawyers. Legislators rather than jurisconsults, mere indi viduals in the shades of private life, have had the merit, by the superiority of their intelli gence, to give laws to all posterity." 5 34 HUMAN PROGRESS. It is not our purpose to speak of the particular causes of the fall of Rome ; for even a brief recital of their origin, nature and subsequent workings, is precluded by our limits. The seeds of decay were planted at an early period of the nation ; and, while it was not within the limits of a Caesar's ambition or a Nero's wickedness to destroy, it was not given to the eloquence of a Cicero or the questionable patriotism of a Cassius or Brutus to save the Roman empire. The fall of the empire was the close of one political state, to be followed by others adapted to the moral wants and conditions of the world. Chris tianity began a new and distinct formation.1 HUMAN PROGRESS. If we trace the progress of man, even frem his earliest condition, we shall find him passing through separate and distinctive periods of growth, appar-: ently in succession, though in mutual correspondence, and each suited to the special development either of a class of faculties, or tending „to mature a new phase of society. The period may be one of war, religious sentiment, political conflict, national consolidation or dissolution, or of social or moral reform. A great .interest or a prominent feature of humanity is thus taken up, made the subject of universal discussion, developed for the instruction of an inquiring world, and sufficiently advanced to serve as a permanent element of future progress. It stands as a block rough hewn, suited to repair the great temple of society, and adapted to the wants of a coming period. The mind then returns, in its ceaseless activity, to bring forward another princi ple, another class of faculties, — still another and another, — each advance ment creating a new necessity for others. These processes, apparently so partial, seeming alternately to favor and to neglect the momentous interests of man, often afford a temporary triumph to the sceptic, and confound the hmited minds of the superficial and ignorant. The progress of humanity may be likened to the successive necessities of repairing the ancient homestead of our fathers. We are unwilling to disturb the old framework, and yet the decay pf parts imperatively calls fer repairs. But every attempt to add and to beautify discovers defects- by comparison, and the skill of the mechanic and artist stands in permanent requisition. u It was at the very time that the Roman empire fell to pieces and disap* peared," says M. Guizot, "that the Christian church ralhed, and definitely formed herself. Political unity perished, — religious unity arose." 1 Guizot says that " Christianity was an essentially practical revolution, — not a mere scientific, speculative reform," FRANCE. 35 We cannot pause to make exceptions to the eloquent language of Guizot, although we may be permitted to ask a taore permanent place for religion than is implied by his language. Religious influence may not always be vis ible to the eye of philosophy, — but it is a false philosophy that assigns to it an occasional place. It is true the church may be false to the principle upon which it professes, to be based ; and in this view probably it is that M. Guizot alludes to the visible recovery of her true position. Our assent can be given to no theory that for a moment precludes the eye of Deity, or gives to the rule of chance a sway above that of Providence. The light of religion may be temporarily obscured by gusts of passion and the fearful throes of revolution, as that of the sun may be by the clouds of the tornado and tem pest; but its power never rests, — its glorious splendor never ceases. Its work is certain, and never finished. Its mission is to stay the weak, to lead the strong, and to control the mighty. Its light is graduated to every degree of mental vision, its form to every condition of society, and its inexhaustible treasures are held for the use of every age and nation. The form of its activity is but the husk ; but its principle is that of unity itself, — sub duing, enlarging and ever purifying the sources of happiness, and elevating the true dignity of man. The church became the practical form of its man ifestation, adapted to an advanced civilization ; and we find its holy ministers in the priests and bishops, after the dissolution of the Roman empire, clothed with authority as the principal municipal magistrates to regenerate society, reorganize states, and to build up nations.1 It has ever been thus with early political growth. Society has been preserved and guided by the unerring hand of theocracy. FRANCE. It. would, indeed, be a profitable study, in connection with our subject, to trace the progress of France from the earliest dates to its great and changing periods of development, and to note the different stages of civilization and the varying forms of liberty ; to see the paternal instrumentalities of the church, and the long-continued training of feudalism in preparing a barbarous and ignorant people, of different origins and habits, for nationality; to point out the gradual and timid rise and bold maturity of royalty, the constantly changing aspects of aristocracy, the mission of papacy, and the important results of the crusades and chivalry, — but these are topics only to be glanced at, not treated of within the narrow limits of a preliminary chapter. Such a course of study will still develop the great fact, that all forms of society, all forms of human action, by whatever name they are known, are 1 " This is a glorious and powerful fact," says M. Guizot, " and one which, from the fifth to the thirteenth century, has rendered immense services to humanity." 36" FRANCE." but tributary streams to the great ocean of democracy. They help to swell the mighty flood on whose bosom humanity rests, and by whose flowing and ebbing tides the ruins of tyranny are to be swept away, and the unspeak able blessings of freedom to be gathered in. France is a beautiful and pro lific field for the reaper; and the history of her kings and emperors, her bishops, priests, monks, knights, philosophers, statesmen and patriots, indi cates the progressive changes of power, the growing strength of the people, and the ultimate ascendency of democracy. Democracy in France has been successively protected against its conserva tive enemy, in different shapes, and under divers garbs and names, by. its own inherent power, being allied with the mayors of the palace, the church, the pope, and even with royalty itself. Its own spirit is unchangeable, approaching to and receding from the centralization of power, and alter nately melting despotism and diffusing light to the extremities of society. We find its principles acknowledged iii the bulls of the Popes, and set forth with remarkable clearness by some of the most distinguished bishops of France, and exemplified by practical examples. An examination of the capitularies of Charlemagne, Louis le Debonnaire, Charles le Chauve, Louis le Beque, Carloman, Eudes, and Charles le Simple, and the legislation of the succeeding reigns, will discover a gradual yield ing to democratic influence, invariably showing that progress is always in proportion to the degree of justice extended to the people. We do not speak of the special and dictatorial edicts of usurpers, who, while they plan oppres sion for others, prepare for their own destruction and a further extension of liberty ; but of the legislation which stands the test of enlightened public opin ion without respect to party, and upon subjects which have ceased to be open questions. France, like all other nations, has had its periods of tyranny and anarchy. But these conditions are temporary, or apparent, and may be regarded as preparatory to a freer play of " the powerful spring of democ racy."1 The spirit of democracy was manifested in the reign of Charlemagne, in crushing the remnants of barbarism, and preparing for the people a higher form of civilization. We see it in the communes of Cambrai, Laon, Noyon, Beauvais, and St. Quentin, in the ninth and twelfth centuries. We see it in "the revolutions that for eight hundred years have swept over France, taking their rise, by feeble and imperceptible gradations, from the foot of Philip's throne, and swelling from age to age, to be precipitated in unmeas- urable proportions into the midst of our own epoch."2 What nobler democrats can be found in modern times than the people of 1 It was a remark of Mitford, " that democracy, though a wretched regulator, was a pow erful spring." " Democracy may be furious," said Napoleon, "but it has some heart, it may be moved. As, to aristocracy, it is always cold and unforgiving." 2 Dumas. FRANCE. 37 Laon, in the twelfth century, who, alone, led on to revolution in defence of their rights, and struck down their traitor bishop? Six hundred years later, when the people had acquired a common consciousness of nationality, a com mon pride, and a more general knowledge of their common rights, we see its mighty power rising. superior to the accumulated weight of oppression, and with the terrible fury of popular indignation, upheaving society from its very base, and scattering death and desolation throughout the land.1 Again and again, but with abated passion and destructiveness, in 1830 and 1848,2 France became the field of revolutionary horrors, and the dignity of 1 The oppressions of government were so great that they led the people of France to doubt the existence of Deity. They could not reconcile a kind and superintending providence with so much tyranny and suffering. The French National Convention, October 16, 1793, decreed that " death is an eternal sleep." The atheism of the people did not produce the revolution, but the wickedness of the rulers made the people atheists. "Human thought," says Lamartine, "like God, makes the world in its own image. Thought was revived by a philosophical age. It had to transform the social world. The French Revolution was therefore in its essence a sublime and impassioned spirituality. It had a divine and universal ideal. This is the reason why its passion spread beyond the fron tiers of France, Those who limit, mutilate it. It was the accession of three moral sover eignties : The sovereignty of right over force ; the sovereignty of intelligence over prejudices ; the sovereignty of people over governments ; revolution in rights ; equality. Revolution in ideas ; reasoning substituted for authority. Revolution in facts ; the reign of the people. A gospel of social rights. A gospel of duties, a charter of humanity. France declared itself the apostle of this creed. In this war of ideas France had allies everywhere, and even on the thrones themselves." — Hist. Girondists, vol. I., p. 19. The victories of the French republic were celebrated in America. On the 24th January, 1793, Chandler Robbins, D. D., delivered an address to the inhabitants of Plymouth, Mass., assembled to celebrate the victories of the French republic over their invaders. He selected for a text " that remarkable passage " in Daniel, second chapter, twentieth and twenty-first verses : " Blessed be the name of God for ever and ever ; for wisdom and might are his. He changeth the times and the seasons, He kemoveth kings." At this time (1793) Great Britain, Russia, Spain, Prussia and the Emperor of Germany, made a treaty for the purpose, among other things, of closing their ports, " and prohibiting the exportation of all military or naval stores, corn, grain, and provisions, from their ports, for the ports of France." They further engaged " to take all other measures in their power for injuring the commerce of France," &c. — Lyman's Diplomacy, vol. i., p. 177. " The French Revolution has produced incalculable blessings to that country. Before that revolution, one-third of the property of the kingdom was in the hands of the clergy, the rest in the hands of the nobility. Where the interest of one individual has been sacrificed, the interests of thousands have been promoted. After dining with that friend of universal liberty, the patriotic La Fayette, he once invited me to walk upon the top of his house, that commanded a view of- all the surrounding country. Before the revolution, said he, all the farms and hamlets you see were mine. I am now reduced to a thousand acres ; and I exult in the diminution, since the happiness of others is promoted by participation." — Speech of Gen. Root, Jf. Y. Hammond's Polit. Hist. JV. Y., vol. n., p. 45. 2 " The year 1793," says M. Dumas, " gave birth to a revolution, but not to a republic ; this latter word was adopted in hatred of royalty, and not as descriptive of existing institu tions. The revolution of 1830," he continues, " did not exceed its commission ; it attained only what it was destined to attain ; it destroyed what it was destined to destroy. A revo- §8 NAPOLEON. man was asserted by the stern rebukes of democracy. But in the great mission of Napoleon, the world -was startled at the mighty strides of its power, in ex tending the area of national freedom. What ancient Rome was to the world, Alexander to the fourth century (B. C), Charlemagne to the ninth (A. D.), Napoleon was to the nineteenth,— an instrument to sever the present from the fetters of the past. Insecurity at home, national apathy and a growing con tempt for the rights of the people among the European powers, rendered neces sary the scourge of a conqueror, the sway of a despot, whose deeds afid rule should subdue the insufferable spirit of tyranny, and teach hereditary sover eigns, resting on the merits of birth, a liberal policy and a becoming humility. Such missions benefit a generation, though their excesses are fatal to their projectors.1 The rule of Napoleon had its grandeur and great benefits ; yet when he fell, he had ceased to be a friend to freedom.2 . His spirit still pervades the nation whose glory it was his ambition so long to advance. With fever heat it races through "the veins of the multitude, reviving the glories of the past as painted on the memory, and leapsj with frenzied dreaming, at objects which weakness fancies, but which genius cannot see. Who but a blood relation can cure the national epidemic ! — bleed the nation, and reduce the vapors of the Napoleonic fever! stand forth in the form and name of the illustrious dead, — substituting imbecility for greatness, folly for wisdom, treason for magnanimity, cowardice for mercy, perjury for justice, mockery for a constitution, spies for a press, a guard-house for free dom, an army for patriotism, and a despotism for a church ! Whoever shall be able to do this will free the people of France from this blind infatuation for deeds without motives, and immortalize himself by being foremost volun tarily to help a nation by disgrace and infamy. His elevation to power would draw all eyes to the pitiful abortion of a nominal succession without the sanction of law, and his fall would be like that of the ignoble remains pf lution believed to be new, but which was the offspring of 1793. A revolution which lasted only three days, because it had only the wreck of aristocracy to exterminate." 1 In twenty-eight years, Alexander the Great and all his relations were deceased. 2 "Napoleon appeared," says M. Dumas, "with his two-fold propensity for despotism and -war, — his two-fold nature, popular and aristocratic. He was behind the ideas of France, but in advance of the ideas of Europe ; ' a man of resistance as to his own people, but of pro gression as to others." * * "He fell in 1815, and scarcely three years had rolled away ere the revolutionary fields were ready for the harvest. In 1818, the Grand Duchies of Baden and Bavaria claimed and obtained a constitution. In 1819, Wurtemburg claimed a consti tution and obtained it. In 1820, revolution and constitution of Naples and Piedmont. In 1821, insurrection of the Greeks against Turkey. In 1823, institution of the states in Prussia." . "Democratic France," to use the language of M. Guizot, " owes much to the Emperor Napoleon. He gave her two things of immense value : Within, civil order strongly consti tuted ; without, national independence firmly established." ORIGIN AND GROWTH OF NATIONS. 39 a rocket, — the frame-work of a departed splendor, divested of its functions, and returned to the earth in its own inherent darkness. The French nation would then be exempted from the entailment of error unaccompanied by genius, and democracy would reign triumphant on the continent of Europe. The name of Napoleon would still live in the monuments of his glory, but the race would be extinct in the ruins of his successor.1 ORIGIN AND GROWTH OF NATIONS. In pursuing our remarks touching the origin, growth and peculiarities, of different nations, our purpose, we would repeat, is briefly to afford to the reader such hints as will lead him to study principles, and give such illus trations as shall tend to show, in some degree, the practical uses of history. Historical narrative is not our object. It is but a small matter to know that such men as Confucius, Plato, Bacon or Franklin, lived, unless some definite knowledge is attained of their respective periods, their sources and means of influence, and a just estimate is made of the value of what they accomplished and of what they taught. The same view is true in regard to nations. They are embodied in history, and stand as perpetual lessons open to all man kind, and should be studied with a distinct and practical object. They should be viewed in their beginnings, maturity and change. They should be understood in their diversity and unity of character, each being regarded as a combination of causes, and forming a necessary element, or power, in the universal mechanism of humanity. As individuals, they exist succes sively and together, and pass through the various relations of want and plenty, of weakness, strength and independence, subserving the beneficent purposes of Deity, and leaving their indestructible results to be gathered and continued by the races which are to follow them. It is a remark of Hume, that "those who cast their eye on the general revolutions of society will find that, as almost all improvements of the human mind had reached nearly to their state of perfection about the age of Augus tus, there was a sensible decline from that point or period, and men thence forth relapsed gradually into ignorance and barbarism." With all deference be it said, such views are calculated to mislead. They indicate haste, carelessness, or a defective philosophy. To suppose that bar- harism necessarily follows the highest state of improvement of which the human mind is capable, would be fatal to the admission of the fundamental and acknowledged principles of progress. It is a superficial view of the subject, and the error arises from failing to distinguish between the real and apparent aspects of society. He commits an error both in fact and in philos- 1 These predictions -were substantially made when Louis Napoleon was proposed as a can didate for the presidency. 40 ENGLAND. ophy. He asserts the perfection of a very imperfect people, and assumes the fact as the ultimate cause of barbarism. The contrary proposition is more in accordance with the nature of man and the teachings of history ; for nations decline in consequence of their' ignorance and imperfections, their periods being limited or extended according to the degree of their obedience to the natural laws. The dissolution of a nation is the yielding of an inferior to a superior power, and may be regarded as the transition state of man from a lower to a higher civilization. But .this point has .been illustrated in another place. . ENGLAND. The beginning and the gradual growth of England afford one of the most instructive chapters in history. It particularly belongs to our subject. A territory removed from the changing, turmoils and inroads of a variously populated continent ; surrounded by the depths of a vast ocean, and forti fied by its cliffs, and its shelving strands ; possessing a soil, a climate, and a vegetation, adapted to the wants of man ; a hardy people" of native vigor and rude simplicity, favored by possessions which moved the ferocious spirit of the pirate, and fired the ambition of warriors, whose wild and lofty con ceptions sought to command the tides and to charge the surges of the sea,— ancient Britain became a field for contest, a site for a mighty nation.1 The isolated position of the island2 exempted it from the inferior portions of the tribes of a continent, and only tempted the bold and migratory bands of adventurers from abroad. However insignificant it may seem to have been, as represented by historians, all admit that it was sufficiently important to tempt great Csesar, — and it was confessed by the conquering army that the inhabitants of the island made a brave and formidable resistance. At this time, it was estimated by the Romans that there were about forty tribes on the island. , Each tribe had its chief, and enjoyed an independence based upon its courage and resources of physical strength. For about five hundred years, Britain remained a Roman province. During this period, it was subjected to a series of trials, calculated to develop, in an extraordinary degree, all the energies and resources of the human mind. 1 " Ninety years after the expedition of Caesar (A. D. 36), the Britons seemed to be threat ened by Caligula, at the head of an army on the coast of Gaul. But that giddy youth, intox icated by boundless power, seeking only an occasion for one of his most insane freaks, com manded his troops to charge the ocean, and to load themselves with shells, which were the ornaments of his triumph over that boisterous enemy, on his entrance into Rome." — His- tory of England, by Sir James Mackintosh, p. 16. It is said that Canute, in the zenith of his greatness, in the eleventh century, seated him self in a chair, in the midst of his courtiers, on the sea-shore, and, as the greatest of sea- kings, commanded the tide, which was flowing, not to advance towards him. — lb., p. 35. 2 Britain was discovered to be an island A. D. 85. ENGLAND. 41 Ruled by a foreign power, divided among themselves, surrounded by the Picts, Scots, Welsh and Irish, and constantly liable to incursions of the Saxons, Danes and Normans, — barbarians who deemed peace disgraceful, — they were impelled alike by their domestic and foreign relations to guard against enemies from every quarter, and gradually to study and to under stand the means, the safety, and the necessity of union. It was said by Sir Benjamin Rudyard, in the British Parliament, in 1642, that England could not engage in a war as they could on the conti nent, for they had " to fight in a cockpit, and were surrounded by the sea." 1 This necessity proved to be the source of national strength and deeply- marked identity to England ; and the island may be regarded with more justice as the nursery of 'nations than as " a cock-pit to fight in." The conquest of the Britons by Caesar gave them an idea of. a superior state of society, of an efficient government in unity, of national relations, of new means of warfare ; and the growing importance of a ceaseless vigilance led them to adopt habits of the utmost activity, to discover new agents of power, and new means of defence. The insular situation of Britain so often tempted the commander to assume the purple, that it was called an island fertile in usurpers. 2 As character was advanced by the continual exercise of a prudential system, and the impulses of a rude ambition, the number, of petty tribes and chiefs was reduced, and leaders of enlarged views were placed in power. The consecrated groves of the Druids, which had so long resounded with the cries of human victims, were cut down, ahd the cromlech gave way to an altar reared to the Lord. The Pope asserted his rule, and raised the standard of the cross ; a higher religion prevailed, and Britain ceased to be a province. The Saxon with his title to nobility, the Dane with his skill and cunning, and the Norman with his pomp, power and refinements, came, at different intervals, to. subdue and be subdued, and reduced to elements of the English race and character. Thus England may be traced from her ancient tribes of Britain to kingdoms, from kingdoms to the Heptarchy, from the Heptarchy to the monarchy of Egbert, from the Saxon rule to that of William the Conqueror, and thence to the contests with Scotland, Ireland and Wales, up to the period of union. Every period illustrates new strength, and a broader platform for humanity. With William came feudalism, that schoolmaster of nations, classifying people, as teachers classify pupils, for drill and discipline.3 1 " We must fight as in a cock-pit; we are surrounded with the sea. We have no stronger holds than our own skulls and our own ribs, to keep out enemies ; so that the whole king dom will suddenly be but one flame." — Pari. Deb., vol. in., p. 80. 2 Sir James Mackintosh. 3 Feudal laws were introduced into England, to a limited extent, by the Saxons, about 6 42 ENGLAND. These several stages of advancement have been pointed out, to show how slow is the growth of a nation, how various are the causes necessary to mature its character ; and with a desire to persuade the, reader to turn to these periods of history, that, he may see the gradual, though certainryield- ing of the conservative to the democratic party. Although Hume regards the period of the Heptarchy as a barren one, and hardly Worthy to be studied, yet there is enough in it to illustrate the various principles which are ever discoverable as the active means of progress. In the history of the reduction of the kingdoms of Kent, North umberland, East- Anglia, Mercia, Essex and Sussex, to the kingdom of Wessex, under Egbert, we find the diversified causes of success, and the neglects which lead to dissolution and decay. A glance at the history of the subsequent power and events of England will discover similar but more important results. The gradual progress of knowledge leads to the conventional or revolu tionary progress of rights. The sovereignty" of a nation is based upon a government endowed with prerogatives for self-protection, and invested with sufficient power to secure equal rights and justice -to the people.1 'These rights become classified according to the knowledge and condition of the people who are -to be the subjects of them. They may be subdivided for purposes of individual aggrandizement or oppression, or with motives to security against usurpation, or centralization of power. The former sub division takes place in periods of ignorance, when men' are incapable of extended action or training, as in ,the times of feudalism ; arid the latter, when they become enlightened, and have enlarged conceptions of the great interests of humanity, and are impelled by ambitious motives to excel, or by a sense of duty to provide all requisite means for their advancement or protection. During the reign of Alfred,. England was divided into counties, the trades of building houses and ships were introduced, schools were estab lished, learned men were invited to become residents from other countries, a A. D. 600. William the Conqueror extended the system, and divided England into sixty thousand two hundred and fifteen military fiefs, all held of the crown, the possessors of which were obliged, under pain of forfeiture, to take up arms ahd repair to his standard on the first signal. 1 In a debate in the House of Commons, 1628, on the Petition of Right, Mr. Alford said, " Let us look into the records, and see what they are ; what is * Sovereign Power' ? Bodin saith, That it is free from any conditions. By this we shall acknowledge a regal as well as legal power. Let us give that to the king the law gives him, and no more." Mr. Pym said, "lam not able to speak to this question, for I know not what it is. All our petition is for the laws of England, and this power seems to be another distinct power from the power of the law. I know how to add sovereign to the king's person, but not to his power ; and we cannot ' leave ' to him a ' sovereign power ; ' for we never were possessed of it," &c— (See Pari. Deb., vol. n., p. 356.) PROTECTORATE OF CROMWELL. 43 code of laws was prepared providing for the trial by jury, and other improvements were attempted of a social and moral nature; but these endeavors to elevate a rude and ignorant people were but the germs of civil ization, to be matured and developed in subsequent generations. Alfred stood almost alone in the great work of reform ; and though his immediate suc cessors did not apparently accomplish much, still his reign constituted an important element among the means of future advancement. After feudalism had accomplished its work, and the people of England were fitted to become subjects of a king or citizens of a nation, they were claimed as vassals by the nobility; and hence the bloody wars of tlie barons against their legitimate sovereigns. It was the reluctant, though necessary yielding of numerous petty sovereignties, which were inconsistent with the sovereignty of a nation, on the basis which has been stated. Details are left to be sought from works of history. We can only speak of some of the great events in the beginning, or in the results of important eras. It might be inter esting to speak of the Papal controversies, of the rule and abolition of Papacy in England ; of foreign invasions, of domestic wars, of assemblies resembling Parliaments, of holy leagues, of the teachings of Wickliff, the plans and plots of Wat Tyler, Jack Cade, Guy Faux, and many other similar combinations, as affording singular and remarkable examples of party zeal and hate : but our limits again admonish us to be content with a more general survey, and we proceed briefly to consider the PROTECTORATE OF OLIVER CROMWELL. A national event is the result of a great diversity of causes. These causes are sometimes of a remote as well as of recent origin. In alluding, there fore, to the reign of Charles the First, and to the Protectorate of Cromwell, we speak of cause and effect, or of events which stand in that relation. The arbitrary and unconstitutional government of Charles led to the bold and unconstitutional measures of Cromwell. Not that the one justifies the other, but helps to explain it. Something may be learned by noting the peculiarities of these two men, and by following them in their public acts and influence's. Charles was evidently ignorant of the people which he was called upon to govern ; no man understood them and their wants better than Cromwell. Charles was unfortunate in his advisers ; Cromwell had been trained in the practical school of the democratic party, and felt confirmed in his positions of duty, not only by some of the purest patriots1 of the nation, but by his own strong 1 The celebrated John Milton was Latin secretary to Cromwell. Sir Heneage Finch said, in Parliament (December 17,1660,) that Milton "deserved hanging." — Pari. Deb., iv., 44 PROTECTORATE OF CROMWELL. convictions.1 Charles was inconsiderate in his demands, and unscrupulous in the choice of means to attain his ends ; Cromwell had the zeal of a secta rian, and military firmness as a politician to resist oppression, and did not hesitate to employ an available force to effect what he deemed to be for the good of the nation. Charles regarded the prerogatives of royalty as para mount to the rights of the people, and claimed a confidence in advance of performance ; Cromwell counted the- people as superior to the king as the source of power, and first entitled to be trusted by courtesy." Charles looked upon Parliament as a party to be gained to royalty, and Cromwell claimed it as the government of the people. Charles forgot the constitution, and became angry .with his Parliament because they opposed his ill-advised requisitions ; Cromwell. saw no safety in a king, or in a Parhament against law, and supplanted both. Charles had given the nation ample reasons to doubt his purposes, and the value of his judgment, by a reign of injustice and oppression for above twenty years ; and, during the same period, Crom well had proved his title to considerations of confidence and respect, by a uniform course of usefulness.2 If Cromwell controlled the army, whose tend encies were democratic,3 Charles controlled more dangerous men, 'whose counsel was subversive of the constitution. If the friends of Charles claimed support because he was king, the people favored Cromwell because he con-. tended for their rights.4 If Charles saw an usurper in Cromwell, Cromwell p. 162. The University of Oxford ordered the political works of Buchanan, Milton and Bax ter, to be publicly burned in the court of the schools. 1 It is said that if the government had refused to make concessions to the liberal party, before the period of his power, Cromwell had decided to sell his property and emigrate to New England. 2 Cromwell sat in the Long Parliament for the town of Cambridge, and concurred with that assembly in restoring silenced ministers ; in the impeachment of Strafford, Laud, and other civil and ecclesiastical delinquents ; in putting an end to the courts of High Commis sion and the Star Chamber ; in passing the triennial bill ; and in adopting its resolutions concerning proclamations, ship-money, and the duties at the ports, &c. — Vaughan' s Crom well, vol. I., p. 23. 3 See Petition of Army to Parliament. — Pari. Deb., vol. in., p. 1563. 4 " But the bold democratic temper manifested by a large portion of the army was not con tent with the death of the king. During the next four months it required the most decisive measures on the part of the Parliament, and all the promptitude and vigor that Fairfax anil Cromwell could bring to the enterprise, to suppress the mutinous detachments which pre sented themselves in different parts of the country." — Vaughan' s Cromwell, vol. i., p. 78. " Cromwell and his officers," says Lord Clarendon, " took upon them to preach and pray publicly to their troops ; and the common soldiers, as well as the officers, did not -only pray and preach among themselves, but went into the pulpits in all the churches and preached to the people, who quickly became inspired with the same spirit, women as well as men taking upon them to preach, pray," &c. -^"Vol. v., p. 42. " I am to tell thee, Christian reader," says Dr. Featley, — in his preface to his " Dipper Dipped," published in 1647, p. 1, — "this new year of new changes, never heard of in former ages ; namely, of stables turned into temples '(and I will beg leave to add, temples PROTECTORATE OF CROMWELL. 45 protested against the acts of a perjured king. Charles mangled the Parlia ment, and the army of Cromwell removed its remains. In Charles we have an example how much good a king may avoid, and in Cromwell how much good a subject may accomplish. Charles attempted to sail the ship of state on a dangerous coast, without a responsible pilot, involved in a mutiny of factions ; x Cromwell took the helm, dropt the anchor, and waited for a chart to sail by. Charles claimed to act as king only under the authority of God ; 2 Cromwell had faith in God that the- people would be protected. Both were acting without the consent of the nation ; but it must be considered that, while one, in violation of the oath of a sovereign, was heedless of its true interests, the other was guilty only of the assumption of power to save them. If Cromwell was " a scourge of God,"3 Charles had prepared the nation for its infliction ; and if Charles was mild as a tyrant, Cromwell was moderate as a despot. Charles was beheaded to insure justice tp the people; the bones of Cromwell were gibbeted to insure existence to royalty.4 But we should exercise Tjharity for both, — for Charles, in badly character izing his age, and for Cromwell, in being a subject of it. Both men were surrounded by factions ; both formed coalitions for power, without reference to principles ; and both sought for permanent rule, and both failed of success. And yet this age was a spring season of humanity. The seed scattered by the reformers of the fourteenth, fifteenth and sixteenth centuries, had germinated, and began to put forth a^hardy growth of principles. The oaks of freedom had begun to drop their acorns, and the Puritans6 turned into stables, as was that of St. Paul's and many more) , stalls into quires, shop-boards into communion-tables, tubs into pulpits, aprons into linen ephods, and mechanics of the low est rank-into priests of the high places," &c. — (See Pari. Deb., vol. in., p. 1231.) 'Pari. Deb.', vol. ii., p. 660. - 2 Pari. Deb., vol. ii., p. 434. 3 It was the common remark in Paris, that Mazarin, the prime minister- of Louis XIV"., " had less fear of the devil than of Oliver Cromwell." 4 Resolutions for taking up the bodies of Cromwell, &c, were passed December 8, 1660. The order, as entered in both the journals, stands thus, namely : — " Resolved by the Lords and Commons assembled in Parliament, That the carcasses of Oliver Cromwell, Henry Ireton, John Bradshaw, Thomas Pride (whether buried in Westminster Abbey, or elsewhere) , be, with all expedition, taken up, and drawn upon a hurdle to Tyburn, and there hanged up in their cof fins for some time, and after that buried under the said gallows," &c. — Pari. Deb., vol. iv., p. 158. This order was executed January 30, 1661 ; and " their heads were afterwards set upon poles on the top of Westminster Hall." 5 Dr. Burwell, in a brief speech on the " Bill for granting ease to Dissenters," discussed in Parliament, 1672-3, said, " A Puritan was ever a rebel." — Pari. Deb., vol. iv., p. 574. In 1640, Dr. Chaffin added to the litany these words : " From all lay-Puritans, and all lay- Parliament-men, good Lord* deliver me." The doctor having been sent for, by the sergeant- at-arms, the question was put to Parliament whether, for these words, he should be committed prisoner to the tower. The house decided in the negative, 190 against 189. It was ordered, however, that he should be called to the bar and receive a sharp reprehension and admonition, and be required to make public explanation. "The Puritans," says Bancroft (vol. i., p. 296), "desired permission • occasionally to 46 ' CIVIL AND RELIGIOUS LIBERTY. were born to scatter them in a distant soil. The Presbyterians, with their prganized strength; the Independents, breathing their lefty individuality;1 the Baptists, asserting their rites ef purity ; and the Quakers, moved by a brotherly love, — came forward, each to claim the ascendency, and all to oppose the national church and the papacy.2 Resting upon the broad and holy basis of the Bible, government became the prerogative of each ; man, the subject* of redemption ; liberty, the atmosphere .of the spul ; and the world, the great battle-field for victory. There seemed to be no home but in the bosom of God, no safety but in the harness prepared- for a holy war, and no happiness but in the faith which each proposed, and all endeavored to establish and promulgate. What elements for society, what pioneers for progress, what instruments to be tuned and harmonized by a government, and what subjects to honor a king ! Each claimed the favor and sunshine of Heaven, and all appeared to realize the strength and majestic presence of Deity. Zeal became patriotism, and toleration treason. Charity was trans formed into indulgence, and hope into a wicked dream. All war was abhor rent to the. Quaker, but that of opinion," — all peace sinful to otherSj but that of conformity. A thousand kings could not control such a nation in unity, assemble, and, at their meetings, to have the liberty of free discussions ; but the king, prompt to discover that concessions in religion would be followed by greater political liberty, inter rupted the petition. ' You are aiming at a Scot's presbytery, which- agrees- with monarchy as well as God and the devil. Then Jack, and Tom, and Will, and Dick, shall meet, and at their pleasure censure me and my council, and all our proceedings. Then Will shall stand up and say, It must be thus ; then Dick shall reply, and say, Nay, marry, but we will have it thus ; and, therefore, here I must once more reiterate my former speech, and say, Le. roi s'avisera, — the king alone shaii decide.' Turning to the bishops, he avowed his belief that the hierarchy was the firmest support of the throne. Of the Puritans, he added, ' I will make them conform, or I will hurry them out of the land, or else worse, — only hang them, that 's all.' " '.The Presbyterians and Independents were nearly equally divided in Parliament, at one time. In a test vote, in the Commons, 1648, they stood fifty-seven each, and the speaker turned the scale. — Pari, Deb., vol. in., p. 959. 2 Another party, called " the fifth.monarchy men," are thus noticed by Archdeacon Echard : " While the affairs of the nation seemed to be in peace and tranquillity, in the beginning .of the new year 1660-1, there happened a strange and unparalleled action in London, which strengthened the belief of those secret plots and conspiracies mentioned by the Lord Chancel lor." (See Pari. Deb., vol. iv., p. 186.) This was occasioned by a small body of Fifth- monarchy men, who, hating all monarchy and the appearance of it, had formerly made an attempt against Cromwell's government, but escaped beyond expectation. The head of them was one Thomas Venner, some time a wine-cooper, who, by the king's indulgence, held a con venticle in Coleman-street, where he and others used to preach to them out of the Prophecies of Daniel and the Revelations, and from thence drew strange inferences, persuading their congre gations " to take up arms for King Jesus, against the powers of the earth, the king, the Duke of York, General Monk," &c, assuring them f that no weapons formed against them should prosper, nor a hair of their heads be touched ; for one should chase a thousand, and two put ten thousand to flight," &c. &c. They declared war against the whole world, particularly against all monarchies. CIVIL AND RELIGIOUS LIBERTY. 47 — a thousand Cromwells could not restrain the terrible volcanoes of its diversity.1 But, in considering the period of Cromwell, we must not commit the errors of isolation. Between the identity of a nation and that of an individual there is a general similitude. Individual identity is connected with the exercise of the same faculties, during their different periods of development, in the attainment of skill and knowledge. The identity of a nation admits of the enlargement of powers already possessed, — of new powers to be acquired, as well as the practical results of a previous experience. It is of an accumu lative, as well as of a distributive character. Old laws, based upon error, or rendered nugatory by change, are repealed by legislation, or by moral con sent, and new laws take their place.2 The new laws of a people are the true index of their progress. The great questions in regard to the rights and happiness of man are perpetual ; and on most of these, nations, as well as individuals, are, and ever will be, divided. Not that the same questions are continued in a permanent form, but they arise in new propositions of an enlarged philosophy. The development of principles is followed by a con dition in conformity. If religious toleration be favored, it will be protected in the same degree in which it is understood. If civil liberty be appreciated, its. own inherent spirit extends its sympathies and fortifies its domain. As the area of freedom is extended, its guardians ahd their duties are multiplied. Society is its medium, and man theJbrm of its manifestation. Nations' are the aggregates of its power, and progress the unchangeable law of its will. Thus the attainments of the few become the attainments of the many, and what is mastered by the individual is extended to the masses. One of thefirst perceptible indications of a progressive religious liberty in England was in the sixth year of the reign of William the Conqueror (1072), who, at the instigation of the. Pope, summoned a national synod, to determine a dispute between the sees of Canterbury and York, respecting supremacy ; and the discussion of questions of this class, and of the succession of royalty, made the chief business of the early Parliaments. The first clear account we have 'Ludlow's one idea was, "that the nation should be governed by its own consent." Cromwell replied, "I am as much for government by consent as any man"; but where shall we find "that consent ? — amongst the Prelatical, Presbyterian, Independent, Anabaptist, or Levelling parties ? " To this question his opponent had no satisfactory answer to return, and it pointed to a difficulty which overwhelmed the republican party as soon as they began to deal with it. — Vaughan' s Cromwell, vol. I. , p. 100. 2 The acts of Parliament were first promulgated 16 John, 1215. For a great period of years the number of acts passed has been annually large. Between the 4th and 10th of George IV., one thousand one hundred and twenty-six acts were wholly repealed, and four hundred and forty-three repealed in part. Of these acts, one thousand three hundred and forty-four related to the kingdom. at large, and two hundred and twenty-five to Ireland solely. — World's Progress, p. 148. 48 CIVIL AND RELIGIOUS LIBERTY. of the representatives of the people forming a House of Commons was in the 43 Henry III., 1-258, when it was settled, by the statutes at Oxford, that twelve persons should be chosen to represent the commons in the three Parliaments, -which, by the sixth statute, were to be held -yearly.1 The general representation, by knights, citizens and burgesses, took place 49 Henry HI., 1265.2 Church and State, in England, have always labored together. The first religious contest was between the government of Eng land and the Church of Rome. When the rule of the pontiff ceased, parties of Protestants began to rise ; and religious liberty has been discussed, in every variety of form, for more than four hundred years'. The holy field for the sacred contests of men became extended by the union of Catholic Ireland and Presbyterian Scotland. The history of this sacred vein of man's nature in the three kingdoms of Great Britain is a great subject by itself, and it has been much discussed by the ablest and the purest minds. It requires but a glance, however, to see the slow but onward march of religious -freedom in England. We have only to read the doings of the Courts of High Commission, and to note the " test acts," " acts for abolishing diversity of opinions," "five-mile acts," "conventicle acts," "acts against occasional conformity," debates on "exclusion bills," "rights of the Cath olics," "and similar way-marks to be found on record, and then to look at the present toleration laws of the nation, in order to be fully convinced of the great and glorious changes which have been accomplished by the conflicts of religious zeal and controversy in England. The liberal and conservative parties still travel together, proposing and rejecting, renouncing and adjusting ; but, while each has its common centre, and revolves, as it were, on its own axis, both have an orbit of a more extended revolution, whose centre of influence is the sun of progress, — the opening light of truth. In history we may find the battle-fields and the landmarks of ancient defences which have been successively conquered, surrendered and abandoned, by opposing parties ; and the party" car of freedom, that is des tined to return the soul in true life to its Maker, moving on in its illimitable track, displaying the trophies of its victories, and exposing to view the hid eous remains of error, which, " to be hated, needs but to be seen." Civil liberty assumed a regular form in the charters, and in the Parliament, which was the first to enact laws fOr the people. Religious freedom precedes civil liberty. Religious and political independence are distinct conditions, and the separate results of the exercise of the different classes of faculties. We do not speak of the individual, but of the nation. The nation is trained and led by the hand of Deity, before it is placed in the keeping, of intellect. It was the early doctrine of the conservative party, that " nations perish 1 Burton's Annals. 2 Dugdale's Summonses to Pari., edit. 1685. — Diet. Dates. ¦ DEMOCRACY OF ENGLAND. 49 when they change."1 When control was absolute and but little doubted, participation in government was counted a labor, and distinction conferred by arbitrary power a tax. Books were looked upon as the special property of the aristocracy, and the people knew no bill of rights but the will of the sovereign. The charter was the promise of royalty to the people. It began with simple exceptions to the rule of royal sway, by way of special favor. Favors by royal courtesy soon became rights by guarantee. Rights by agreement then were acknowledged to be rights by inheritance, and we soon find these rights secured by the laws of Parliament and by a constitution. The first great period in the history of rights was marked by their recital in the Magna Charta granted by John ; the second, the beginning of the elect ive franchise ; the third, the parliamentary power to enact laws acknowledged by the king and people ; and the fourth, the colonial system, or the granting of charters to take possession of a distant territory, with certain specific and delegated powers to administer the affairs of a separate government of sub servient relations.2 In considering the claims of the democracy on the one hand, and the reluc tant concessions of the conservative party in power on the other, we are constantly impressed with the lively activity of party interest, and the uncon querable spirit of party jealousy, in the nice adjustments of new conditions. When democracy centred in the Commons, the conservatives looked for strength in the peers of the realm. When royalty and the Lords became weak, and the Commons strong, they sought a balancing power in assumed prerogatives, — Dispensing Acts, Proclamations, Monopolies; and in the "Courts of High Commission" and " Star-chamber" it was assumed that the yielding of new privileges, which the people were fitted to enjoy and appreciate, was the supposed evil of too much freedom, and was to be remedied only by the 1 Governments perish when they change, was the remark of Cardinal Soderini to Adrian TT., who was disposed to be a reformer of abuses. 2 In speaking of the ancient constitution of England, Hume says : " By the ancient consti tution is meant that which prevailed before the settlement of our present plan of liberty. There was a more ancient constitution, where, though the people had, perhaps, less liberty than under the Tudors, yet the king had also less authority : the power of the barons was a great check upon him, and exercised great tyranny over them. But there was still a more ancient constitution, namely, that before the signing of the charters, where neither the people nor the barons had any regular privileges ; and the power of the government, during the reign of an able prince, was almost wholly in the king. The English constitution, like all others, has been in a state of continual fluctuation." — Vol. iv., p. 345. "Before the Revolution, the favorites of our monarchs were often driven away from the sovereign, fined, imprisoned, or executed ; and the democratic part of our constitution, on these occasions, rushed forth (if I may be allowed the expression) to teach the monarchical part its proper duties in its own rude and unceremonious manner." — Smyth, p. 543 The right of granting money to the crown by the Commons has not been disputed since 1671. To this power of the popular branch a distinguished writer of England attributes " all the reforms of the constitution." 7 50 MAGNA CHARTA — HABEUS CORPUS ACT. usurpation of power. When the Commons had their seasons of comparative feebleness, and government was controlled by the irresponsible "hand of arbi trary power, sustained by the corruptions of rank ahd wealth, then the pre rogative of Parliament to grant supplies, and the energies and determination of the people to insist upon their lawful rights by new appointments and new elections, were exerted to the utmost; and the evils,' which had a tongue in every form and a spirit in every soul of anguish, were abroad at noon-day and in the dread hours of midnight, in actuality, to be felt, to be seen, and tp be remedied. Before, the government remedy Was clothed in the forbidding habiliments of usurpation, and the supposed evils of yielding power by the few became the sufferings of the many. Now, the loathsome garments of oppression were not only to be cast off and destroyed by repeal, but govern ment itself was to be clothed anew in a legitimate dress, the prerogatives of royalty reduced, the people restored to their rights, surrounded by new safe guards, and invested with a larger liberty. Thus the success of the con servative party becomes the means of abridging its own power, and the source of evidence to prove its own errors, while the success of democracy enlarges its own sphere of authority, and proves by its own acts its title to truth and sovereignty. The record of repeal proves to be. the record of reform. The tests of security are to be found in the confirmations of old compacts which have been gained by long-continued struggles, and by new enactments demanded by the rise of new interests. Magna Charta had been confirmed above thirty times before the Common wealth of Cromwell. The " Right of Petition," discussed in the early part of the reign of Charles the First, resulted in the habeas corpus act of Charles the Second.1 The frequent suspension, without any late attempt to repeal this act, shows the settled state of the nation in respect to its acknowledged importance. The establishment of an independent judiciary and the trial by jury, as a security tp the administration of justice, were marked out and gained by the democratic party, and ultimately confirmed by the intelligent and honest of all parties, as supplying the obvious wants of humanity. What the Magna Charta was to the thirteenth century, the constitution, as gathered and proclaimed at the time of the revolution of 1688, was to the seven teenth. A constitution of a nation is security to the people, as a compact between parties. It is unquestionable evidence of agreement. It may be honored by observance, or dishonored by violation. To be efficient, it must be understood and appreciated. If framed by the wisdom which comes frem 1 The Habeas Corpus Act, in the reign of Charles the Second, was obtained only by repeated, persevering, unwearied exertions of the Earl of Shaftesbury, after a struggle of many years. The king would have gladly vetoed the bill, — but he feared to oppose the popular will. At a subsequent period, he favored its repeal ; but even the tory party from the country were almost unanimous in sustaining it. ELECTIVE FRANCHISE. 51 experience, it serves to indicate and to fortify the achievements of the past, and to secure a unity of action in the adjustment of opposite or varying interests of the future.1 The elective franchise originated among competitors for control ; and what was first used by the aristocracy to gain power by contrivance, was discovered to be a right lodged by Deity in the bosom of a people. Every man invested with a capacity to seek and to ask found a title-deed within himself, and claimed to have it acknowledged and recorded as by authority. The conservative party of England has disputed these titles with a two fold power of resistance. They have denied to the ignorant the power of knowledge, and the light of truth to discover the evidence of this right, and they have yielded to its claims when proved, as yet, only a partial record and most reluctant assent.2 A distinct and detailed history of the elective fran chise and representative system, as advanced in England, would make a most instructive chapter, and tend to prove the vital importance of the democratic party to the great and growing interests of a nation.3 1 The freedom of speech and the freedom of the press were early regarded as the great sources of danger by the conservative party. The want of confidence in the possession of power, without any conception of principles upon which to base it, is much like the courage of the travelling coward in the dark, who sees an enemy in every object, and an , attack in every motion. As they cannot have a light, to enable them to do the good which they intend, without exposing the evil which is in preparation, they claim darkness for a defence, and igno rance for security. But the achievements of the democratic party for freedom of speech, and for the free action of that mighty engine of truth, the Press, have been great and per manent. Hume says that " the liberty of the press did not even commence with the Revolu tion. It was not till 1694 that the restraints were taken off, to the great displeasure of, the king and his ministers, who, seeing nowhere, in any government during present or past ages, any example of such unlimited freedom, doubted much of its salutary effects." — Vol. vi., p. 372. 2 " The total population of England and Wales," says a writer in the Westminster Review of January, 1852, "in 1841, was 15,906,741 ; and of these 4,127,175 were males above twenty years of age. The age abstract does not give the numbers except for periods of five years, so that the number above the legal age of twenty-one cannot be given. But, allowing for the additional year, it may with safety be estimated that one-fourth of the population consists of males who have reached the age of twenty-one. The population of England and Wales, on 31st of March, 1851, was 17,922,768, of which the fourth is 4,480,692, the num ber of electors that would be if the suffrage were universal in the general acceptation of that term. " The number of inhabited houses in England and Wales in 1851 was 3,280,961 ; so that household suffrage would admit to the franchise about a million and a fifth fewer persons than universal suffrage. " The total number of registered electors in 1849-50, in England and Wales, was 887,816 ; that is to say, the House of Commons is elected by only one-fifth of the grown-up male population of the country. "There are, therefore, 2,393,145 more inhabited houses than electors, and 3,592,876 more men than electors." 3 See Historical Tables, Appendix B. 52 FREEDOM OF PARLIAMENT. Then, again, the same principles are strikingly illustrated in the., con ventional history of England, — the history of the British. Parliament. The independent exercise of individual rights is one thing, — the freedom of Par liament quite another. What has been said of the origin of elections is equally applicable to Parlia ments. As elections took place before their freedom was secured, so Parlia ments were summoned to assemble a long period before their independence was protected by constitutional authority. What was deemed necessary by royalty, as a defence, soon became the strong arm of government, able to resist dictation, and to frame laws. Parliaments began as the agents of power, but soon found themselves in the more exalted station of chosen' guardians of the rights of the people. They began as the servants of the king, and found by degrees that they were the protectors of a nation. , As> this mighty power developed its growing strength, the king and the aristocracy sought to control its doings, or to crush the exercise of its authority. Here again are to be found the two great parties organized for conventional war, each forming, as it preferred, or as it was able, coalitions with the Pope, the church, or the king ; the one asking a greater freedom, and the other resisting, in every conceivable way, the granting of such a danger. To say nothing of the party divisions of society as marked by natural dis positions and by circumstances of condition, it is easy to see in the government of Great Britain peculiarities which favor an aristocracy, and which tend to perpetuate the conservative feeling, and to oppose the democratic. To use the language of the Earl of Shaftesbury (1675) : " You have in our English government the House of Commons, affording the sense, the mind, the information, the complaints, the grievances and the desires, of all those people for whom they serve throughout the whole nation. The people are thus secure; no laws can be made, nor money given, but what them selves, though at home, fully consent and agree to. The second estate in this government is the Lords, who are the council, the wisdom and judgment, of the nation, to which their birth, education and constant employment, being the same in every Parliament, prepare and fit them. The last and supreme of all is the king, — one who gives life and vigor to the proceedings of the other two ; the will and desires of the people, though approved by the wis dom and judgment of the Lords, are abortive, unless he bids them to be an act. Human reason can hardly contrive a more excellent government." Such was the language of a member of the House of Lords when in his liberal mood, and who demanded frequent Parliaments as due to the people, and who was among the foremost to show the absurdity of the doctrine of " the divine right of kings." And yet it will be seen that the language is parental and ^conservative. Rank, prerogative and wisdom, are supposed to be combined in the King and Lords, while the people are regarded rather as the HOUSE OF "lords. 53 source of evidence of what is wanted, than the source of power of what is to be done. The People, the Commons, the Lords and the King, make the governmental pyramid, said the Rev. Dr. Chalmers, of Scotland.1 He considered the figure as emblematic of strength and permanency. So it is. But it must be a pyramid of growth, »not of predetermined structure. It must have its roots, its life-blood, and its soil. These are to growth what people are to government. The people constitute the basis, and the superstructure will be found to change according to their will. Change is but another word for growth. It is to throw off old formations, and to build up new ones. Not at the expense of parts or of proportions, nor at the sacrifice of any funda mental principle, but in conformity to laws of human progress. The King of England began as an absolute sovereign, subject to no exceptions to his rule. He is still the representative of royalty, but he has been compelled to part with most of his power.2 He has divided it with the nobility, the Com mons and the people, according to his fancy, judgment, or necessities. Not, at any time, for the purpose of lessening his authority, but with the obvious motives of yielding a minor power to save a greater. So far from being the king that he was, the dispenser of all power, he is reduced to the position of having no power, — his prerogatives making the exceptions to the rule. The Lords are still the representatives of aristocracy; but their subservient relations to the king in his weakness, their sickly means of increase, their doubtful standing in the affections of the people, and their fears of the Commons, are not only sources of embarrassment to such- action as they may believe due to themselves, but of influences which tend rather to diminish than add- to their strength, rather to lessen their importance than add to the dignity of their rank. They have long ceased to be the exclusive " wisdom and the judgment of the nation ;" and we find the titled nobility and the Right Reverend Bishops of his Majesty's High Council " humbly" 3 asking concurrence of the Commons, during the reign of Charles the Second, nearly two hundred years ago. Even more. This branch of the govern ment, made up by fictitious distinctions, and subject to the contingencies of ambition controlled by wealth, or weakness entailed by birth, was denomi- 1 This was a remark made to the author in' 1835. 2 The late Duke of Sussex, in 1835, in making a comparison between the prerogatives of the King of England and the President of the United States, expressed an opinion that the President had more power than the King. — lb. 3 " An accident happened this day in the House of Commons (Dec. 21, 1660), which occa sioned some merriment amongst them. The Lords sent down two messengers with some bills they had passed, with some amendments ; to which, the bearers said, ' The Lords humbly desired the concurrence of that House.' When these were withdrawn (the MS. Diary says), a hearty laughter ensued at the word humbly, and some moved to have it So put down in the journals, as a precedent." — Pari. Deb., vol. iv., p.163. 54 HOUSE OF COMMONS. nated by Pulteney, in the time of George the Second, the "Hospital of Invalids;"1 and Lord Chesterfield, in his letters to his son (1766), in speaking of Pitt's '¦'¦fall up-stairsZ when he was made Earl of Chatham, called the House of Lords the "Hospital of Incurables."2 Burke, in the House of Commons (1772), did not add much to the dignity of these compli ments, when he said, " The Lords do not know what is going forward in this house; and, what is worse, they do not understand the principles of the con stitution." 3 With the metaphor of the pyramid before us, if we descend to the Commons, we find a body of men of great diversity of character, and doubtless elected to their places by the influence of high as well as questionable motives, by the influence of rank, wealth and interest. They stand professedly in direct relation to the people, or more so than either the King or the Lords. The beginning of the Commons was but a nominal relation between the great men and their followers. The barons were sought by the king, the people by the barons. From an assembly which had of itself no power, and which was organized with no motive but to secure and dispense the power of others, the Commons have become the guardians of the national purse ; and thus the masters of the Lords and King. And yet the Commons are far from being independent. Placed between a permanent authority, which has ceased to grow in correspondence with its own pbwer, and a constituency liable to all the inroads of bribery and corruption, its growth, has been slow, and the means of an independent influence variable. But it is a living body. It has ever been the chief source of life to the government, and it will prove to be the perpetual safeguard to the people." It will be continued with increased means to reform itself. As the people rise in capacity and wis dom, their strength will impart new vigor and character to the Commons. Its growing power will tend to' shoAV that an improving people cannot rest with out an improving government. The pyramid will still be wanted ; but if the body and apex sink, while the base increases, where shall we look to find its grandeur, or to discover its beauty ! The ceaseless sources of life that have added to the power and dignity of the Commons, the democracy of England, will in due time begin a new develop ment. The representative system will be extended, and an hereditary mon archy will give place to an elective government. The pyramid will then stand as a tower of strength; its parts will grow in harmony, controlling the sources of its own existence by the means of constant and unceasing renewal. But let us look at the Commons, connected as it has been, and still is, with royalty and the Lords. It is still in the process of growth. It has been bought and sold as a slave ; it has reared its head and ruled as a master. 1 Pari, Deb., vol. xn., p. 1120. 2 Pari. Deb., vol. xvi., p. 234. 3 Pari. Deb., vol. xvn.,.p. 513. HOUSE OF COMMONS. 55 The army has treated it with indignity as a prisoner, and submitted to its control as a commander. It has seen the glory and efficiency which come from unity, and has been distracted by the direful factions of diversity. It has been a monopolist, and the subject of monopoly. It has connived at treason, and denounced patriotism. It has dethroned its royal master, been the sacrifice of its own weakness, and the violater of its own laws. It has proved alternately the friend of liberty, and the instrument of oppression. Indeed, not unlike individuals, either alone or combined with others, the King, the Lords, and the Commons, have had their seasons of legitimate power, patriotism, tyranny, treason and hopeless imbecility. Each, by turns, has been the subject of vehement abuse, complaint, contempt and ridicule.1 But what has the transcendent and absolute power of Parliament accom plished, in its complicated fluctuations? Everything that has rendered England happy at home, or respected abroad. The rights of the people have been defined and secured by its discussions and enactments. And, what is of immeasurable importance, it has assigned limits to the pretensions of royalty, and established precedents for correcting its own abuses. Even its weakness has been made to serve the people, and its follies have increased the activity of the common mind. We cannot sufficiently dwell upon the great and strongly marked difference between the beautiful results of a democratic policy and those of an opposite character which distinguish the conservative party. With a just legislation in view of the wants of the people, industry has been encouraged, comforts multiplied, knowledge dif fused, and commerce extended. Condemned almost to a perpetual minority, the liberal party of one generation have immortalized themselves as the law- . givers of the next. What democracy early proposed, truth has accom plished. The victories of toryism ended in defeat, and the defeats of democ racy ended in victory. The temporary gains of the tory party have proved to be the permanent glory of the democratic. But our purpose is to speak more of classes of events than of the events themselves. We wish simply to point out some of the principal streams of active causes which flow to a common centre, in the ideal world, as rivers to the ocean, again to be dissipated, and again to be returned, thus yielding life and means to the unceasing progress of humanity. We return to the period of the seventeenth century, as one of crises, transi tions and offsets, and where we find the accumulated results of centifries of individual and conventional progress, in active conflict. The struggles and restrictions of royalty, the pretensions of the nobility, the rights of the 1 Parliaments have been characterized by every variety of name. " Long," " Short," "Rump," "Purged," "Pensionary," "Angelic," " Mad," " Diabolical," "Doubting," " Bat," " Barebones," " Praise God Barebones," " Wonder-working," " Weak and Heady," " Healing and Blessed," &c, &c. See Appendix C. 56 RESULTS OF REVOLUTIONS. people, and the birth and growth of Parliament; the expanding of the church, the privileges of conscience, the exclusion of papacy, and the toler ation of sects, — • all these -questions," ahd their innumerable and complicated correlatives, had been discussed with a burning zeal, which many generations had contributed to augment to an intense flame, and which were precipitated, in every possible variety of shape and fragment, into this period of startling interest, when Charles the First, Oliver Cromwell, Charles the Second, James the Second and William the Third,1 were made the fearful instru ments of adjustment. The common mind of England was overwhelmed with the controversies connected with the church and the government ; and Cromwell rose up, the controller of sects, and William the Third2 became the political arbiter of the people. The first revolution foreshadowed the coming might of the people ; the second, the sure decay of royalty. The first prepared the way for civil and religious liberty ; the second seeured these blessings in a permanent form, for another period of growth. The first took down, the second built up. The former enlarged the area of freedom, the latter occupied it. It would be interesting and instructive to trace democracy as developed in the Italian Republics, in Germany, Spain, Russia, &c. ; but the limits of the present number preclude all allusicn to these nations. They will be noticed incidentally in future -numbers, as affording illustrations of principles. Thus we have endeavored to give a brief view of principles, as a necessary introduction to the work which is proposed. It is designed simply as a sug gestive sketch, imperfect, it must be confessed, but made in the hope that it will prove an humble aid to the reader in considering the important topics which are to follow. Such a review of the past appeared to be imperatively demanded by the nature of the undertaking, in order that the student might 1 " The Bill of Rights was, in fact, a new Magna Charta, — a new Petition of Right, — a new enrolment of the prerogatives, if I may so speak, of the democratic part of the constitu tion, — which, though consented to by William, an elected prince, and perhaps even thought necessary to his own justification and security, could only have been extorted by force from any reigning hereditary monarch ; and, in point of fact, was not procured by the English nation, on this occasion, till the regular possessor of the crown had ceased to wear it, and till the country had appeared in a state of positive and successful resistance to his authority. ' ' — Smyth's Modern Hist, p. 352. 2 William had his position of responsibility; and, like all agents of power; had his bitter enemies. The news of his death was received in France with such joy that the court and people could hardly contain themselves without breaking out into the most furious transports, as was done at Rome, to such a. degree of extravagance that Cardinal Grimani, the imperial minister, complained of it to the Pope, as an affront to his master, the emperor, who was the deceased king's friend, ally, and confederate. But little notice was taken of it. They were so afraid in France that the news would not prove true, that the person who first brought it to Calais was seized, by the governor's order, and kept in prison till it was confirmed. — Pari. Deb., vol. vi., p. 9. DESIGN OF THE WORK. 57 with more clearness understand the origin of national causes, and be able to follow them out in their consequent relations, so widely displayed in the events of our own country and times., Our aim is that of inquiry ; and while we may fail to present new views, or prove to be the unfortunate instrument of distorting old ones, it is possible that we may be the means of inducing some attention to important facts, or subjects^ and of inciting the activity of more gifted minds to pursue a further, investigation, and thus give birth to works of wider range, clearer views, and of more extended erudition. DESIGN OF THE WORK. It is designed that the work shall embrace a complete survey of the differ ent political parties, and of the measures adopted by the colonial administra tions, and by the government of the United States, since the declaration of independence. It will necessarily embrace a great variety of statistics ; and it is the design of the author to render it a standard reference book, in which may be found a record of the great political events of the country, fully authenticated and properly classified. It is our purpose to consider all the great topics which Americans, as colo nists and republicans, have discussed and decided, during a period of more than two hundred years. , It will be our endeavor to illustrate the origin, nature, and permanency of democratic principles. The work will be, in fact, a com plete political history of the colonies and of our republic, tracing the unpar alleled success of the latter to democratic sources. It will not be speculative, but strictly a philosophical and popular history, based upon acknowledged facts. The tendency of such a work, it is believed, will be to individualize the great democratic party ; to give it an' identity of being which all would recognize and realize ; to give it a high standard of principle, sentiment and action ; to create a common pride in the achievements of the past, and to give confidence in all that is to come. While England has generally been ruled by the conservative party, and slowly redeemed by the democratic, it has been the happy lot of America to enjoy a higher freedom, because the conservative principle has been made subordinate to the rule of democracy. The democratic party has been the dominant party of the United States. The- glory of the democracy may be seen in the progress and in the institutions of the country; and a just and comprehensive view of the subject will embrace the character of men, meas ures and results. A party that is advanced and sustained by the eternal principles of truth and justice should have a common consciousness, a com mon strength, and a common pride. It should be able to feel itself, and to have an abiding confidence in its own high destiny. A review of its acts, 58 VOX POPULI VOX DEI. and of the master minds which have honored its ranks, will -help to accom plish such an end. It is hoped that it may serve to lead the democrats to respect their party for what it has done, and to respect a consistency in themselves as its accountable members. If rightly viewed, it will secure concentration of thought and action, and give to all party movements an elevation of motive, and an efficiency, which would render success as beautiful as it would prove uniformly certain. To close this preliminary, without a renewed expression of confidence in the principles which we have humbly endeavored to point out, as made visi ble in the providence of God ; or, to omit all notice of the sacred feature of our subject, VOX POPULI VOX DEI, would be doing violence to our convictions of duty, and our sentiments of propriety. The cause of democracy rests upon the immutable basis of eternal truth. Man is acknowledged to be the responsible agent of power, and the subject of the exalted relations of thought, freedom and holiness. He is invested by his Maker with those attributes of instinct and discernment which give per petuity to the race, safety to the nation, and dignity to the ' objects of life. Religion has been admirably characterized by M. Dumas as "the nurse of the people." This is a sentiment of transcendent truth and beauty. It is proved by innumerable facts, which may be found in history, and may be seen magnificently illustrated in the constantly transpiring events of nations. In all ages of the world, and among all the tribes and nations of the earth, the rule of Deity has been acknowledged above every other power, and supe rior to every other principle.1 We do not speak of its form of manifestation, nor shall we presume to fathom Infinite Wisdom in the control of the mysterious agents by which its power is exerted. These are questions too vast for the feeble capacities of the human mind. It is not for us to draw the line between good and evil, as done by man, and seen by God ; to elevate the king, and crush the peasant ; to exalt the philosopher, and proscribe the savage ; to rank the Christian and exclude the pagan, as the means of progress, or as the obstacles of universal improvement. It is not for us to sit in judgment on the inward workings of the soul, to dictate its flights, to question its pre- 1 Cicero says : " I never thought any religion to be despised : I have always considered the foundation of our state to be laid in religious institutions ; and that, without the fear of Heaven, the republic would never have arrived to its present flourishing condition," — Cic ero De Natura Deorum, Lib. in. VOX POPULI VOX DEI. 59 rogatives, or to measure its unseen dominions. It is not for us to scan the sublime and ultimate destinies of nations, nor the fearful wonders of Provi dence, which overrule a Pharaoh, educe love from the hate of a Pilate, and transmute the wickedness of rulers into dispensations that bless a people, or advance a world. These are themes to be contemplated as we look upon a balanced universe, poised by the Almighty hand that made it, to; be seen only in the trackless visions of speechless wonder, but not to be comprehended by the philosophy of a finite mind. What more can the creature ask than an all-pervading love, that sustains a bounteous world, and opens to the growing mind of man the golden flood gates of ineffable light, truth and beauty ! That, while it permits desolation, points to new sources of joy; that, while it gives "rain and sunshine" to the oppressor, adds new energies to the spirit of freedom ; that, while it sub merges the common mind in the darkness of ignorance, inspires an unquench- ible thirst for knowledge ; that, while the wicked are permitted to rule, girds the righteous with invincible strength ; and that, while it has darkened the disk of its glory with the conditions of death, has opened new and inexhaust- able fountains of life, and placed within the reach of man the means of happi ness, and within the reach of nations the means of freedom. Whether men follow counsels which free them from slavery, or take them from freedom, they are the continued subjects of divine care. A righteous people may dethrone a wicked king, or a self-elected ruler may rise up to scourge a wicked people, — whatever and whichever the events may be, the popular voice is either hushed in meek submission to the sway of superstition, a state of zeal and of ignorance, or speaks with the thundering tones of enlightened confidence in the justice of God, and in the freedom of man. • The Israelites became the followers of Moses because he was the servant of the Lord. Jesus of Nazareth was worshipped by the shepherds of Beth lehem because he was the Son of God, and the Cross has become the sacred emblem of unconquerable might. The Egyptians began their history with dynasties of gods and heroes, and the government of Persia was based upon the teachings of the sacred book. The Titans, a band of adventurers from Phoenicia, became the sacred teachers of the ancient Greeks. Lycurgus had no confidence in his own powers of persuasion to induce the Spartans to con form to his government, without the aid of the Delphian Oracle.1 Pisistratus had no hope in usurpation, but by counterfeiting the gods ; and Hippias could be dethroned only by bribing them. Plato says " that his countrymen derived all their knowledge of divine things from the ancients, who, as he affirms, were wiser, and lived nearer to the gods." Alexander the Great claimed to be a 1 The Delphian Oracle, tutored, it may be supposed, to the purpose, declared Xycurgus the. friend and favorite of the gods ; and proclaimed to Sparta that from him she should derive the most perfect government on earth. 60 VOX POPULI VOX DEI. descendant of Jupiter, and gained a control over the Egyptians by acknowl edging an affinity between their deities and those of Greece. The Roman Senate was looked upon with religious awe, because it was believed to be the medium of supernatural power ; and the tribunes became invested with the same agency, but to serve the people and enlarge their liberties.1 The Pope claimed to act in accordance with a charter from "Heaven ; and Pepin and Charlemagne, of France, joined with the Sovereign Pontiff to secure the civil and religious rule of nations.2 The Benedictines3 of Italy were reverenced by kings, and the powerful possessors of wealth, as the representatives of Deity, and were regarded as the mediators between man and his Maker. The ancient Britons bow'ed to the ferocious rule of the Druids • the Anglo-SaxOns to that of the Cross; and when the. Duke of Normandy was prepared to invade England, he was joined by the power of the Holy See of Rome, and we find his warriors at prayers to the God of nations to command the elements; and to bless his arms.4 The Sultan of Turkey swears to govern according 1 The tribunes were elected annually, like the consuls. At first, they were five in number ; but afterwards their number was increased to ten. They had the power of suspending, by a single veto, the execution of any decree of the senate which they judged prejudicial to the people. They were not allowed, however,- to interfere in the deliberations of that body, nor permitted ever to enter the senate-house. The persons of these magistrates were declared sacred ; but their authority was confined within the bounds of the city and a mile beyond the walls. The division of such a power with the people, in any degree, was an important con cession on the part of the senate. 2 Pepin sent an embassy to Rome, to Zachary the Pope, proposing it as a question to his Holi ness whether he or Childeric had the best title to the throne. Zachary had formed the scheme of erecting a temporal dominion in Italy, and.wished, for that purpose, to employ the arms of France to wrest the kingdom from the Lombards. An opportunity now offered of securing the friendship of Pepin. The Pope decided the question by declaring that it was conducive to the honor of God, and the interests of the church, that Pepin, who already exer cised the office of King, should possess the title also. Charlemagne frequently visited Italy, both to establish his own power in that country, which was endangered by the partisans of the descendants of the Lombard kings, and .to defend the authority of the popedom, which was firmly devoted to his interests. — Sec Tyt ler, vol. n., pp. 59, 73. 3 Benedict, the founder of this order, was an Italian by birth. He had studied at Rome, and soon distinguished himself by his talents, as well as superior sanctity. While quite young, he retired to a cave, at Subiaco, where he remained for some years. Some neighbor ing hermits chose him for their head, or superior ; and the donations which they received from the devout and charitable very soon enabled them to build a large monastery. The reputation of Benedict increased daily ; and he began to perform miracles* which attracted the notice of Totila, the Gothic King of Italy. 4 The Norman fleet and army had been assembled, early in the summer, at the mouth of the small river Dive, and all the troops had been instantly embarked ; but the winds proved long contrary, and detained them in that harbor. The authority, however, of the duke, the good discipline maintained among the seamen and soldiers, and the great care in supplying them with provisions, had prevented any disorder, when at last the wind became favorable, and enabled them to sail along the coast till they reached St. Valori. There were, however, VOX POPULI VOX DEI. 61 to the injunctions of Mahomet, because he is believed to be the only teacher from heaven ; and the Emperors of the Celestial Empire have no influence, except as they are believed to be the representatives of Deity. It has been said that the clergy, in the dark ages, discovered the power sought to be exerted by Archimedes, — the aid of another world to move the one they livad in. . But this power is always present, though clothed in the varying forms of a progressive condition. Whether we follow it in the mighty gatherings at Placentia, or in the moving multitudes led on by Peter the Her mit, and by kings, in the eleventh, twelfth, and thirteenth centuries, to rescue the Holy Sepulchre from the Infidels ; 1 ¦ whether we embark with the spirit of a Columbus, a Cortes, a Pizarro, or with the Pilgrims in the Mayflower, — we can find no people bold enough to challenge its authority, — no people strong enough to withstand its rule. Indeed, it is the only rule universally acknowledged by man, although sometimes opposed by his wisdom. A change of religious belief is but a change of form, and not of principle. Superstition is but religious zeal without knowledge, and error but the evidence of igno rance of the practical uses of knowledge. The religious principle in man is as mighty in its sway as it is indestruct ible in its nature. Its existence does not depend upon the feeble enactments several vessels lost in this short passage ; and, as the wind again proved contrary, the army began to imagine that Heaven had declared against them, and that, notwithstanding the Pope's benediction, they were destined to certain destruction. These bold warriors, who despised real dangers, were very subject to the dread of imagin ary ones ; and many of them began to mutiny, some of them even to desert their colors, when the duke, in order to support their drooping hopes, ordered a procession to be made with the relics of St. Valori, and prayers to be said for more favorable weather. The wind instantly changed ; and, as this incident happened on the eve of the feast of St. Michael, the tutelar saint of Normandy, the soldiers, fancying they saw the hand of Heaven in all these circum stances, proceeded with the greatest alacrity. — See Hume, vol I., p. 146. 1 " Peter, commonly called the Hermit, a native of Amiens, in Picardy, had made the pil grimage, to Jerusalem. Being deeply affected with the dangers to which that act of piety now exposed the pilgrims, as well as with the instances of oppression under which the eastern Christians labored, he entertained the bold, and, in all appearance, impracticable project, of leading into Asia, from the furthest extremities of the west, armies sufficient to subdue those potent and warlike nations which now held the holy city in subjection. He proposed his views to Martin II., who filled the papal chair, and who, though sensible of the advantages which the head of the Christian religion must reap from a religious war, and though he esteemed the blind zeal of Peter a proper means for effecting the purpose, resolved not to interpose his authority till he saw a greater probability of success. He summoned a council at Placentia, which consisted of four thousand ecclesiastics and thirty thousand seculars, and which was so numerous that no -hall could contain the multitude, and it was necessary to hold the assembly in a plain. The harangues of the-Pope, and of Peter himself, representing the , dismal situation of their brethren in the east, and the indignity suffered by the Christian name in allowing the holy city to remain in the' hands of infidels, here found the minds of men so well prepared, that the whole multitude suddenly and violently declared for the war, and solemnly devoted themselves to perform this service, so meritorious, as they believed it, to God and religion." — Hume. 62 INFLUENCES AND RESULTS OF DEMOCRACY. of nations, nor upon the persuasive powers of its ministers. These are but the humble instruments of its development. With its presence and power, the world becomes a field of indescribable : interest and glory ; but, in its absence,— could the mind be withered to such a thought, — ¦ the world would cease to be a place of being, and -man would fall to the senseless level of chaotic matter. , It is the breathings of democracy, as taught by the Bible, that have subjected that sacred book to the indignity of guards and proscriptions. The Bible has given power to the popes and priests, and freedom to the people. It prepared the Puritans for religious liberty, and the people of the American colonies for independence.1 ... When we contemplate, in the landing of the Pilgrims at Plymouth, the beginning of a mighty nation ; their confidence in God and liberty, their struggles, hardships and sufferings, their jealous vigilance of rights, and their visions of growth and greatness,^— we may hear, in the prayers and exhortations which were echoed in the wilderness, the divine proclamation, " That the voice of the people is the voice of God." If we follow the growth of the colonies, and trace their sources of strength, diversities of power, stability of purpose, wonderful foresight of danger, strength of endurance, means of protection, love of freedom, and uncom promising spirit to defend it, we cannot fail to see, in the birth of Wash ington,2 and in his elevation to power ; in the birth of Franklin, Adams, Jefferson, Madison, Hamilton, and the sacred band of their associates,*— endowed as they were with extraordinary powers of discernment, prudence and courage, — another illustration of the glorious truth, That the voice OF THE PEOPLE IS THE VOICE OF GOD. 1 A Bible Society was constituted in Russia, 23d January, 1813, and had for its president, under the protectorship of the emperor, Prince Alexander Galitsin, minister of religious worship and public instruction. The activity of the society was very great. Its seat was at St. Petersburg ; but it had, moreover, throughout the whole extent of the empire, 289 com mittees or auxiliary societies. Donations amounted to 3,711,109 roubles. It caused the Scriptures to be translated and printed, or at. least to be circulated, in 41 idioms, of those which are spoken in Russia, apart from the national Sclavonic language, especially by the numerous Finnish and Ural tribes. It distributed 448,109 copies. In 1825 it printed 70,000 more. It was soon found, however, to encourage the spirit of democracy; and, on the 24th of April, 1826, an ukase, enacting the suppression of the Russian Bible Society, proceeded from the supreme authority. — Court and Government of Russia, by J. H. Schniizler, vol. ii., p. 489. 2 What a, sublime democratic triumph does the following correspondence indicate ! The ruins of an Empire to perpetuate the glory of a Republic, and a voluntary tribute of the Supreme Pontiff to aid in rearing a monument in honor of the achievements of the people ! c "Ligation des Etats Unis d'Amerique, pres le X Saint Siege, Rome, Dec. 24, 1851. " Sib: I have the honor to inform you that I have been apprized by his Holiness the Pope, through Cardinal Antonelli, the Secretary of State of the Roman government, of his INFLUENCES AND RESULTS OF DEMOCRACY. 63 If we leave the infant republic in charge of the patriot who fought its battles and achieved its independence, and turn to behold the mighty nation that it has become, by the unconquerable spirit and wise administration of democracy ; and to contemplate the hope in humanity which it has inspired, we are again led to acknowledge and to admire the beauty and exalted force of the sacred maxim, That the voice of the people is the vojce of God. It was a conception of the poet, of great and fearful import, that " An undevout astronomer is mad ; " and, with a similar conviction and feeling in respect to the magnitude of the subject which this work "is intended to elucidate, we cannot close without adding that, whoever has studied man in the true dignity of his nature, or intention to contribute a block of marble toward the erection of the national monument to the memory of Washington. The block was taken from the ancient Temple of Peace, adjoining the palace of the 'Caesars, and is to receive the inscription of ' Rome to America.' As soon as the work is completed, the necessary measures will be taken to forward it to you. " I am, sir, very respectfully, " Your obedient servant, "Lewis Cass, Jr." Addressed to the Secretary of the National Monument Society, Washington. " Washington, Feb. 4, 1851. "Sik: Your letter of the 24th of December last, informing me that you had been * apprized by his Holiness the Pope, through Cardinal Antonelli, the Secretary of State of the Roman government, of his intention to contribute a block of marble towards the erection of the national monument to the memory of Washington,' has been laid before the Board of Managers of the Washington National Monument Society of this city, and they have instructed me to communicate, through you, to his Holiness the Pope, their sincere gratifica tion at the information thus furnished of his intention to contribute a block of marble from the ruins of the Temple of Peace, at Rome, to be placed in the monument now in the course of erection in honor of the illustrious Washington. , " I am requested to assure you that it will be not only interesting, but acceptable as an offering from ' Rome to America ; ' and especially so as forming a part of an ancient struc ture, dedicated to peace, in the vicinity of the palace of the Csesars, to be placed in jux taposition with blocks of stone which have been presented by the modern and free states of the American confederacy. It will be regarded as a manifestation of respect paid to patri otism and private virtue, to the name and character of one whom the civilized world holds in the highest estimation, and to a nation whose annals he has rendered glorious. "The monument now in course of erection will, it is believed, from its magnificence, do honor to the great patriot and statesman, as well as to his countrymen, by whose voluntary contributions it is to be erected. " The Board of Managers respectfully request you ip tender their thanks to his Holiness for his very acceptable contribution, and to inform him that it shall be placed in a con spicuous position in the monument. " I have the honor to be, very respectfully, " Your obedient servant, " Geo. Watterston, Secretary. "Lewis Cass, Jr., United States Charge d' Affaires, Rome." 64 INFLUENCES AND RESULTS OF DEMOCRACY. the sublime destiny of nations, without becoming a friend to democracy ; or whoever has studied democracy without realizing the elevating emotions of adoration to his Maker, — ; has failed to discover the paramount objects of life, and the most exalted privileges which inhere -in the exercise of the rights of a true citizen. . The triumphs of Democracy constitute the way-marksj of the world. Thay demand no extraneous element of endurance for permanency, no fictitious splendor for embellishment, no borrowed greatness for glory. Originating in the inexhaustible sources of power, moved by the spirit of love and lib erty, and guided by the wisdom which comes from the instincts and experi ence of the immortal soul, as developed in the people, democracy exists in the imperishable principle of progress, and registers its achievements in the institutions of freedom, and in the blessings which characterize and beautify the realities of life. Its genius is to assert and advance the true dignity of mind, to elevate the motives and affections of man, and to extend, establish, protect and equalize, the common rights of humanity. i'illiSiP^1 (m^b jfdMzr/u Printed, liy J C Bicttra. S" V Engraved expressly for this work AMERICAN COLONIES. POLITICAL HISTORY. Political History is the record of events in their relations as national causes. Its objects are to discover the sources of national prosperity, and the instrumentalities by which that prosperity has been achieved, whether by party or otherwise. The end of such a study obviously consists in a just application of principles as developed by a common experience. It compre hends man as a being of intelligence, principles as the standard of action, laws and institutions as the exponents of practice, governments as the agents of power, and nations as aggregated results. A rudimental key to the sub ject is to be found in a knowledge of the faculties of the human mind.1 Let the mind be studied. The events first to be' considered, in the political history of the United States, are ; those which happened in England in the sixteenth and seventeenth centuries, and ;which led to the colonization of the American continent. But, in order that we may have distinct views of national formations, let us first ^endeavor to understand THE PRINCIPLES OF COLONIZATION. '' * The world of truth pervades eternity. God is its centre; humanity the means of its development. To man is given the double power of an inward and outward vision. He can look upon the events of the past, reproduced ' So constituted is the mind of man, that his views enlarge, and his desires and wants increase, in full proportion to the facilities afforded for their gratification ; and, indeed, with augmented rapidity, so that no sooner has the successful exercise of his powers accomplished any considerable simplification or improvement of processes subservient to his use or comfort, than his faculties are again on the stretch to extend the limits of his newly acquired power ; and having once experienced the advantages which are to be gathered by availing himself of some of the powers of nature to accomplish his ends, he is led thenceforward to regard them all as a treasure placed at his disposal, if he have only the art, the industry, or the good fortune, to penetrate those recesses which conceal them from immediate view. Having once learned to look on knowledge as power, and to avail himself of it as such, he is no longer content to limit his enterprises to the beaten track of former usage, but is constantly led onward to contemplate objects which, in a previous stage of his progress, he would have regarded as unattainable and visionary, had he even thought of them at all. It is here that the investigation of the hidden powers of nature becomes a mine, every vein of which is pregnant with inexhaustible wealth, and whose ramifications appear to extend in all direc tions wherever human wants or curiosity may lead us to explore. These remarks of Herschel on "the general nature and advantages of the study of the physical sciences" suggest a method of study quite as applicable to other topics. Between the developments of mind and the growth of nations there is an instructive correspondence of cause and effect. 9 66 PRINCIPLES OF COLONIZATION. ¦*. "*, by the memory of the reflective powers ; gather the results of an experience, which spring from a life, a generation, or from the aggregate ages already transpired. He can look forward with an eye of hope that is illumined by a living faith, aided by the knowledge which shapes conviction, by the light of revelation which insures imm'ortality, and by the sentiments of the soul which elevate the mind to the great objects of existence, and prepare it for the untrodden paths of the future. Men limit the sources of influence to the narrow circle of individual exist ence, and live content under the control of selfish purposes; or they exert the powers of a higher nature, seeking a further knowledge, a superior good, a wider sphere, a sublimer philosophy. The inward view is reflection. It refines and perfects whatever has been observed and realized. It is the reviewing or comparing power of the mind. It compounds, compares, and divides the elements of knowledge, and theo rizes from a consciousness that comprehends the present and the past. With gifted minds the faculties of reflection systematize knowledge, develop^ prin ciples, and advance science. The outward view is perception. It is the mind looking out from itself, inspired by its instincts, and directed by its capacities, hopes and aspirations. With a comprehensive glance at the common experience of .the past ; with a lively sense of an advancing age, of new wants and present .duties, the perceiving mind explores the future, and, with its clear conceptions of what is possible, leads the way to new discoveries, and illustrates the means of their attainment. The separate exercise of the reflective faculties makes the abstract student. The .separate exercise of the perceptive faculties makes the speculative pioneer. Between the two extremes is to be found the variety of character which makes up the world. Added to these sources of mental activity, are to be -found the impelling forces of moral and religious senti ment, combined with an unyielding adherence' to self-imposed convictions, and guarded by propensities, which accumulate a power necessary to advance ment, and secure a control necessary to protection. Bacon1 and Franklin were pioneers of knowledge, combining with won derful power and simplicity, the results of the past with new provisions for 1 Lord Bacon was the first who taught the proper method of studying the sciences ; that is, he pointed out the way in which we should begin and carry on our pursuit of knowledge, in order to arrive at the truth. As, in a great army, there are some whose office it is to construct bridges, to cut paths along mountains, and to remove various impediments, so Lord Bacon may be said to have cleared the way to knowledge, to have marked out the road to truth; and to have left future travellers little else to do than follow his instructions. He was the miner and sapper of philosophy, the pioneer of nature ; and he eminently promoted the dominion of man over. the material world. He was born in the year 1561. Before his time the scholastic philosophy of Aristotle prevailed. — British Library of Useful Knowl edge. .-- PRINCIPLES OF COLONIZATION. 67 the future. In Newton1 and La Place2 are seen those great teachers so rev erently invoked by Virgil,3 but who came not till Naples had been honored by the dust of the illustrious poet for more than sixteen hundred years.4 In view of modern times, the fifteenth century was made glorious by the great pioneer of Discovery,8 and the seventeenth by the immortal pioneers of Democracy. Honor to the pioneer ! He is entitled to reverence as the early agent of Providence in all those great changes of life which constitute the improve ment of the world. We speak of the pioneer in an enlarged sense, — as the discoverer of new regions, new agents, new beauties, and new combinations in the natural, as well as new truths in the moral world. He seems to be endowed with an instinct superior to reason, a gift from his Maker to extend the limits of knowledge, and the great purposes of divine beneficence. We find him in the wilderness, self-exiled from the refinements of civil ization, inviting labor, enduring hardships, incurring dangers, a willing neighbor to the savage.6 He is to be found upon the ocean, in the frail- 1 Sir Isaac Newton was born in 1642 (0. S.) He died in 1727. He was of obscuYe origin, and employed when young as a market-boy; He was a democrat, and was twice elected a member of Parliament. He was a candidate a third time for a place in Parliament, but his democracy was adverse to his reelection. 2 La Place was the son of a farmer, and was born in 1729. He died in 1827. By the time he was twenty-one years of age he had mastered the discoveries of all the philosophers who preceded him, and was prepared to build on them a splendid superstructure of his own. 3 As rendered by Drtden : -" Ye sacred Muses, with whose beauty fired, My soul is ravished, and my brain inspired, Whose priest I am, whose holy fillets wear-* Would you your poet's first petition hear, — Give me the ways of wandering stars to know, The depths of heaven above, and earth below } Teach me the various labors of the moon, And whence proceed the eclipses of the sun ; Why flowing tides prevaU upcSn the main, And in what dark recess they shrink again ; "What shakes the solid earth, what cause delays The summer nights, and shortens winter days." * Virgil was born at Mantua in the first consulship of Pompey the Great, 69 B. C. He died in the fifty-first year of his age. 5 Columbus was the son of a Genoese pilot ; a pilot and seaman himself ; and at one period of his career was compelled to beg his bread at the doors of the convents in Spain. " But he carried within himself," says a distinguished writer, " and beneath a humble exterior, a spirit for which there was not room in Spain, in Europe, nor in the then known world ; and which led him on to a height of usefulness and fame, beyond that of all the monarchs that ever reigned." All Europe was awakened by the discoveries of Columbus, and the family of the Cabots was among the warmest in insisting on further maritime adventure. There was a romance in the idea. of discovering unknown realms. The world was to be enlarged ; every kingdom of nature was to be more productive. Enthusiasm pervaded all classes. Se bastian Cabot, who was just arrived at, manhood, after alluding to the feelings of his country men, said, " By this fame and report, there increased in my heart a great flame of desire to attempt some notable thing." — Life of Cabot (Sparks' Series), by Hayward. 6 The celebrated Daniel Boone, at the age of fifty-two years, having seen some adventurers returning from an expedition up the Missouri, who described the country bordering on 68 PRINCIPLES OF COLONIZATION. constructed bark, without instructions from man, ploughing the trackless deep, with no chart of his destined shores but that of faith. Behold him in the icy regions of the poles, though aided by the light of science, yet still the same unyielding and self-sacrificing spirit, reaching forward to burst the boundaries of his view. See him in the laboratory and in the work-shop, in the observatory and in the field- He is to be heard in the pulpit and in the halls of legislation, and read in the public prints. He is to be found in the caverns of the earth, in the depths of the sea, in the Vaults of the ancients, in the crater of the volcano, on the summit of the loftiest mountain, and borne by the chariot of science and art above and beyond the tempests of the sky. Behold him, too, in the missions of the . gospel to distant lands ; see him struggling in the cause of freedom, earnest and bold in all reforms, and a ministering angel of sympathy in the cause of suffering humanity. Every age has had its great and shining lights, suited to its period, and every nation its gifted spirits.1 The colony2 is the offspring of the mind in its outward view. Without a disposition to leave his native soil, man would accomplish but a small por tion of his appointed work. The earth would become a superfluous wilder ness, inventive genius would seek in vain for objects of activity, and the dexterous hand would be trained to no skill. Population would become so dense as to smother endeavor, production would stagnate, and industry could promise no reward. Enterprise would react upon enterprise", as the reverting stream "destroys the water-fall; and the activity of man would in crease his wants, and lessen his power to supply them. Mental vigor would be dissipated by the sameness of action, the love of gain would degenerate into rapacity, and society in its natural ramifications would be broken down that river in glowing colors, resolved once more to seek a new home in the solitude of Mis souri. Being inquired of as to what induced him to leave all the comforts of home, and so rich and flourishing a country as his dear Kentucky, which he had discovered and helped to win from the Indians, for the wilds of Missouri, — ' ' Too crowded ! too crowded ! I want more elbow-room," he replied. This was in 1798. He died in 1818. Lord Byron says of him : " Of all men, saving Sylla, the Man-slayer, Who passes for in life and death most lucky Of the great names which in our faces stare, The General Boone, backwoodsman of Kentucky, Was the happiest among mortals any-where ; .For, killing nothing but a bear or buck, he Enjoyed the lonely, vigorous, harmless days Of his old age in wilds of deepest maze." 1 Republic U. S. 2 Colony (in Latin Colonia, a word derived from the Latin verb colo, colere, to till or cul tivate the ground) originally signified a number of people transferred from one country or place to another, where lands were allotted to them. The people themselves were called Coloni, a word corresponding to our term colonists. The meaning of the word was extended to sig nify the country or place where colonists settled, and is now generally applied to any settle ment or land possessed by a sovereign state upon foreign soil. — Cyclopedia of Political PRINCIPLES OF COLONIZATION. 69 by- the accumulated excesses of passion.1 Hence, in the love of travel and adventure; in the restless spirit of romance which longs for new scenes and courts new dangers ;2 in the unsatisfied cravings of aselfish nature, — the love of gain, whether manifested by the individual, the tribe, or the nation ; in the wild and unconquerable enthusiasm of the artist, the student, or in the indomitable zeal of the fanatic, — is to be found a perpetual source of new agents, and a continued evidence of God's unbounded love. Men as colonists are influenced by different motives. In this is to be seen the interesting fact, that the diversity of things is adapted to a corresponding diversity of faculties. The learned Sismondi, in making a comparison between the ancient and modern colonies, laments the humiliating necessity of being compelled to favor the motives and practices of the ancients, as superior to those of the moderns. " It will be thought," discourses this profound philosopher, " that a picture of the progressive civilization of the modern world by the colonies of Europe would not yield in grandeur to that of ancient colonization. In fact, during the three last centuries, Europeans have sent colonies into almost every part of the habitable world. They have subjugated countries infinitely surpassing in extent those they have left, and they have founded empires and republics 1 It has been sensibly remarked by one of our ablest modern writers on statistical affairs, says Lord Selkirk (in his work on the colonial policy of Great Britain, published in 1816), that whoever has thoroughly investigated the commercial and colonial system, cannot have failed to notice how the different branches of human activity are gradually and successively developed, each at its proper period. . To illustrate this point, this writer adds (Gentz's State of Europe before and after the French Revolution), that when agriculture and manu factures have arrived at a certain degree of perfection, the desire of foreign commerce is naturally awakened ; that, although the object of this propensity may be retarded or accel erated by adverse or favorable circumstances, the persevering activity of mankind will sooner or later accomplish it; — that it will at length gain access to distant or unexplored regions, and succeed in its unremitted endeavors to connect all parts of the earth ; that the produce of remote countries becomes a new spur to industry ; and that industry so excited explores and cultivates those lands, so that the productions of new regions operate to increase the activity and to multiply the commercial relations of the old ; that this gives new life even to the interior of more civilized countries, and multiplies the objects of traffic ; that industry produces riches, and riches reproduce industry ; and thus commerce at length becomes the foundation and the cement of the whole social edifice. 2 Those who have once tasted the pleasure of roving at large through woods and over mountains can never afterwards feel happy under the restraints of society. Curiosity and the love of action, no less than their wants, must have continually urged the earliest inhabitants of the globe to explore all the varieties of its surface. Pastoral tribes feel an interest in learning the nature of the country in the vicinity of their encampments, the extent of its pas tures, and the rivers which flow through and refresh it. * * * When men in the pro gress of their migrations reach the sea-coast, the love Of gain, as well as of adventure, soon impels them to launch upon the waves, and direct their course to distant countries. — His tory of Maritime and Inland Discovery, by Dr. Lardner. 70 PRINCIPLES OF COLONIZATION. proportionably larger than those of the Old World. Nevertheless, we cannot for a moment compare in our minds the colonies of the ancients and those of the moderns, without the first impression, even before reflection, informing us that the colonies of the ancients renewed the human race, tempered it afresh, and began political existence with all the advantages of youth ; ours, on the contrary, are born old, with all the jealousies, all the troubles, all the indigence, all the vices, of old Europe: that the colonies of the ancients, in every point of civilization, constantly rose above those who had given birth to them ; that ours as constantly descend below their founders : that our colonies, already so large, are destined to become larger ; but that in vain will be sought for in them .the virtues, the patriotism, the vigor, which belonged to the first age of the world. " More attentive observation makes us feel still greater differences. The Greeks, and before them the Egyptians, founded a colony that it might be complete in itself; we, that it may be a part of another empire. They had constantly in view the welfare of the colonists'; we, the advantage of the mother country. They wished the colony to suffice to itself, with respect to its subsistence, defence, internal government, and all the principles of its development ; we wish it to be dependent in every way, to subsist by com merce, and that this should enrich the mother country ; that it should be. defended by her arms, obedient to her orders, governed by her lieutenants, and that these new citizens should even receive their education only from their elder brothers. " A profound study of the colonies makes us perceive another difference, still more afflicting. The colonies of the Egyptians, of the Phoenicians, of the Greeks, and even of the Bomans, brought benefits to the countries where they were established; ours, calamities. The first, by their contact, civ ilized the barbarians ; the modern Europeans have, wherever they have set tled, destroyed all civilization foreign to their own manners ; they have barbarized (if this expression may be allowed) the nations whom they call barbarous, by forcing them to renounce all the arts of life which they had themselves invented. They have, in their turn, barbarized themselves ; for here Europeans have descended to the manners of pastoral nations, there to that of hunters ; everywhere, in all their transactions with the aborigines, tbey have sullied themselves, by deceit, by abuse of force, and by cruelty ; everywhere they have gone back in the arts they brought from Europe, their agriculture has become half savage, all their tools more rude, all their knowledge more incomplete, distinguished men more rare; and the, general level of intelligence, as well as of morality, has descended, instead of ris- ing."1 1 Essays on Political Economy, by M. De Sismondi, p. 249. PRINCIPLES OF COLONIZATION. 71 No one would willingly speak lightly of the views of M. de Sismondi, and It is with feelings of deference that we make exceptions to his compari sons. His statements are loosely made, and his conclusions are at vari ance with the rules of reason. Acknowledged facts are misused, and the elements of common knowledge omitted. While he is bent upon pointing out- the differences in result, he forgets to consider the differences in cause. Indeed, cause and effect are frequently transposed, by mistaking the condi tions of success for the cause of failure. In hardly any respect are the cases which he presents parallel. It may be said, with much truth, that in almost all respects they are different. It must be remembered that every age of the world has its peculiar features, wants and means. Races stand in dif ferent relations, character demands different aids, society different processes, and nations different laws and boundaries. The empires of the ancients were as fragments compared to those of modern times. Fragment'sought fragment, as in the sky the floating cloud attracts cloud before the coming rain. Sep arately they are comparatively nothing, but when combined a great design is accomplished. The people lived as parts of a natien, and nationality was unknown in the modern sense of the term. They had no definite concep tions of an organized government, of territorial, boundaries,1 of a general and a systematized interest, or of the rights of nations. That they entertained vague notions in respect to all these subjects, no one will deny. The * 1 " The Greeks," playfully writes Thomas Campbell, " called Homer the father of Geog raphy. Homer is a mighty painter in song ; his tablet embraces heaven, earth and hell, — the habitations of gods and men, of the living, and the dead. He is, therefore, better than a geographer ; but still, we can scarcely hail him as a patriarch of science. His .chorographie fidelity is, no doubt, striking, in portions of Asia, and in the whole of Proper Greece; but it relaxes_very much when he gets out of the limits pf Greece, and beyond the Asiatic territories of the Trojan-allies. He represents Italy as an island, he shows no acquaintance with the Caspian Sea, and he makes so gratuitous a coinage of strange countries in the Odyssey, that the antiquaries disputing about some of their localities remind me of a person who, when he was told that Napp.er Tandy had been taken, desired anxiously to be informed whereabouts Napper Tandy lay. He was told that the object of his inquiry was apt to shift its latitude and longitude, and was at that time probably floating at sea. The same thing may be said of countries that only floated in Homer's imagination. * * * * Homer imagined the world to be encircled by the ocean, as may be seen by his description of the sculpture on Achilles' shield. The sun, according to Homer, issued every morning from a beautiful east ern bay in the ocean, in a chariot drawn by four horses, and, having crossed the ether, and reached the opposite oceanic stream (for it does not appear that the poet imagined it to be boundless) , Apollo there bathed his horses at night, and baited for a time. It is plain that he could not have stopped the live-long night, as he had to be back in time to mount his coach in the morning ; but in what manner he got back Homer has not explained. The moon, we are left to suppose, performed the same evolution. As to the constellations, Homer speaks of their bathing themselves in the -ocean ; but he particularly excepts from this general rule of refreshment the Greater Bear, who had a surly aversion to take the water, much to the advantage of mariners, to whom Bruin served in the place of a compass." — Metropolitan Magazine, vol. i., p. 7. 72 PRINCIPLES OF COLONIZATION. position taken here is, that history furnishes no conclusive evidence that they either theorized with completeness, or practised with much reference to ¦ system.1 A profound study of the subject should lead to opposite con clusions. The doings of nations cover vast periods of time, and he that would solve the grand phenomena of their slow but certain progress, of their destructive sway and growing power, must not mistake the means. of advancement for permanent results, nor poise the pains of the moment against the blessings' of eternity. ' • Colonization belongs to humanity. It is an outward condition of advance ment. It began with the existence of man. It is a progressive process, and develops some new feature at every step. It is allied with no policy but that of principle;, it stops short. of no result but that which is in harmony with human progress. It precedes the action of government, and changes or outlives its original relations of dependence. To the Egyptian and Phoenician colonists the ancient Greeks were indebted for their knowledge of agriculture, mining, commerce, and naviga tion. By them they were also taught the arts of weaving, writing, and coining. These colonists were influenced chiefly by motives of a commercial character. To similar motives, to their practice of banishment, and to a superabundant population, may be traced the earlier Greek colonies.2 The colonies of the Carthaginians in the interior, as well as on the coast of Africa, Sicily and Spain, are said to have been those of conquest, and chiefly for the purpose of keeping the country in subjection. This doubtless was an important object, but if the inquiry be made what were the motives of conquest, we are again directed to those of interest, or of personal adven ture or distinction. The colonial system adopted by ancient Rome was of a two-fold nature : to secure the conquered part of Italy, and to satisfy the claims of its indigent citizens by a division of lands more favorable to their plans of industry.3 1 It was even as late as the fifteenth century A. D., that Pope Alexander VI. " appointed that a line, supposed to be drawn from pole to pole, a hundred leagues to the westward of the Azores, should serve as a limit between the Portuguese and Spaniards ; and bestowed all to the east of this imaginary line upon the Portuguese, and all to the west of it upon the Span iards. The Pope, as the vicar and representative of Jesus Christ, was supposed to have the fight of dominion over the kingdoms of the earth." 2 The Etruscans, according to Dionysins of Halicarnassus, consecrated to a particular god all the youth of a certain age, furnished them with arms, and, after the performance of a solemn sacrifice, dismissed them to conquer for themselves a new country. At the end of three hundred years the Greeks were more advanced than their instruct ors, the Egyptians. "The community of, interest," says Sismondi, "the close approxima tion of all the citizens, their constant action on one another, made the colonies of antiquity resemble a school of mutual instruction. What one knew all knew, all practised, all taught to the natives." 3 The Roman Provincial system must not be confounded with their Colonial system. A Ro man province, in the latter sense of that term, meant a country which was subjected to the ORIGIN OF THE AMERICAN COLONIES. 73 As the world progresses, the sphere of motives becomes enlarged, The faculties are more fully developed, they are exercised in new combina tions, and knowledge is seen in an extended application.1 In Christianity man found still higher aims and nobler duties, and was moved by an intenser zeal. The Spanish colonists in Mexico, Peru, Cuba and Paraguay; the Portuguese in Brazil and India ; the French and English everywhere, may be spoken of as having been influenced by all the motives which character ized the ancients, and by the sublimer requisitions of Christianity.2 To form definite and accurate opinions of the colonies in North America, which now make a portion of the United States, it is necessary that we should turn back and study the period of their birth, the events connected with their growth, and mark the developments of their progress, as illustra tive of great and vital principles. ORIGIN OF THE AMERICAN COLONIES. America was discovered by Columbus in 1492.3 For more than a cen tury it continued a wilderness, the object of an indefinite curiosity, the sub- dominion of Rome, and governed by a praetor, propraetor, or pro-consul, sent from Rome, who generally held office for a year, but sometimes for a longer period. A distinction should be made between Roman colonies and Latin colonies. The citizens who went out to form a Roman colony retained all their civic rights. The members of Roman colonies which were called Latin (Colonias Latinos) had not the Roman citizenship ; they voluntarily renounced part of their civic rights, in consideration of a grant of lands. — Cyclopedia of Political Knowledge, Src. 1 " It is a very ordinary subjeot of complaint against democratic commonwealths," says Lord Brougham, " that they always maltreat their provinces and their colonies." But, after reviewing briefly the colonial history of the republics of Greece, Rome, Carthage and of the Dutch, he concludes, " Upon the whole, it seems reasonable that there is nothing in the dem ocratic" polity peculiarly incompatible with ' the wise and humane management of colonial affairs," &c. — Political History, vol. in., p. 135. 2 Robert Cushman, in his reasons and considerations touching the lawfulness of removing out of England into the parts of America, 1621, refers to the following passages in the Bible as authorizing and even commanding colonization, — Gen. 12 : 1, 2; and 35 : 1. Also, 17 : 8. Matt. 2 : 19. Psalm 105 : 13. Josh. 5 : 12. Heb. 1 : 1, 2. 2 Cor. 5 : 1,2, 3. 3 Columbus supposed Hispaniola to be the ancient Ophir, which had been visited by the ships of King Solomon, and that Cuba and Terra Firma were but remote parts pf Asia. On the Sth of March, 1495, Henry VII. of England granted a commission to John Cabot, an enterprising Venetian, who had settled in Bristol, and to his three sons, Lewis, Sebastian and Sanctius, empowering them, or either of them, to sail under the banner of England towards the east, north or west, in order to discover countries unoccupied by any Christian state, and to take possession of them in his name. In May, 1496, Cabot, with his second son, Sebas tian, sailed from Bristol in a small squadron, consisting of one ship furnished by the king, and four barks fitted out by merchants of that city ; and, steering almost due west, discov ered the islands of Newfoundland and St. John's, and soon afterward reached the continent of North America. — Marshall's American Colonial History. But the student will be inclined to give some consideration to the Ante-Columbian Dis coveries. An Icelandic historian, Torfseus, has claimed for his ancestors the glory of having 10 74 ORIGIN OF THE AMERICAN COLONIES. ject of mere speculation. It was visited occasionally by navigators, with dreamy and fluctuating motives of discovery ; but its importance was meas- ' ured only by the standard of the natives who ranged its hills and forests, and not by that of European civilization. It was not understood, — it was not wanted. It may have had charms for the zealot who was a lover of gold, and for the bold adventurer, who cared for no happiness but that of excitement, and for no object but that of renown. To the mass of the people in- the old coun try, the newly-discovered continent appeared more like a distant star than a territory for a civilized race, — an object of wonder, and- perhaps of admira tion, but altogether too remote for serious contemplation. Their wants were circumscribed by the limits of their knowledge and condition, and their grievances were remedied by expedients adapted to the narrow frame-work of the age in which they lived. But England, France, Spain, Germany, Switzerland and Holland, were beginning to assume distinct formations in a national point of view, and mind commenced a new era by giving birth to motives which enlarged the circles of enterprise, multiplied the objects of life, and elevated the purposes of existence.1 Nations were seen as individualities, freedom was claimed as a natural right, government as a protection, and religion the holy cause of each and all. Towards these momentous topics the universal mind became directed. Nations became the observers of nations, public practice was reduced to national law, and discovery became the subject of competition. Gain, the great incentive to commercial enterprise and success, the fruitful source of jealousy and renewed endeavor, combined to produce magnificent schemes and golden encouragements. The claims of science were asserted by the philosopher, the divine right of kings was questioned by the government, the sway of the Pope was resisted by royalty, and the prerogatives of con science were declared by the people. The moral tides of nations had begun to flow and ebb, and society to enlarge its boundaries. The political atmosphere of England at this time was filled with the spray discovered the New World. (Torfmi Historia Vinlandia Antiques. Hafniee, 1705.) A learned work has recently been published by the Royal Society of Northern Antiquaries, at Copenhagen, giving an account of the voyages made to America by the Scandinavian North men, during the tenth, eleventh, twelfth, thirteenth, and fourteenth centuries. The accounts of these early voyages are published from authentic manuscripts, which date back as far as the tenth century. The work is entitled, "Antiquitates Americance sive Scriptores Septentrionales Rerum Ante-Columbianarum in America. Hafnia, 1837." — See App. R. I. Hist. Coll., vol. iv. 1 An extraordinary impulse was given, about this period, to the progress of European civ ilization, by the simultaneous invention — or, at least, introduction from the East of the mariner's compass, gunpowder and artillery, an improved system of arithmetic, and the art of printing. Combined with these were a renewed study of the Roman law, the cultivation of Greek literature, the restoration of the fine arts, and the opening of new paths of industry and commercial enterprise. — Taylor's JVatural History of Society. ORIGIN OF THE AMERICAN COLONIES. 75 of party strife ; communities were distracted by' the convulsive throes of religious passion, disloyalty, and universal mistrust.1 The sixteenth and seventeenth centuries constituted a period of division, trial and experiment. Church and state were struggling together in a common cause, slowly fortifying the government ' against the returning tides of Papacy,2 and laboring with distracted purposes to assert a unity in the midst of influences which were springing from the desperate contests between public authority and individual opinion, — between the rights of conscience and the claims of government. They stood side by side, each supporting the other, but both in fearful apprehension of separate positions. The public mind became engaged in determining the boundary-lines of humanity. Toleration was either exalted as a virtue, or stigmatized as a crime.3 The compatibility of two governments appeared as clear as that of 1 The early part of the seventeenth century was denominated ' 'an age of vipers, and monsters of all sorts."— Pari. Deb., vol. n.,p. 660 (1640). In the House of Lords, 1641, Bishop Hall speaks with great feeling of ' ' the woful and lamentable condition of the poor Church of Eng land , your dear mother. " " My lords, " he continues, ' ' this was not wont to be her style. We have heretofore talked of the famous and flourishing Church of England, but now your lord ships must give me leave to say that the poor Church of England humbly prostrates herself at your lordships' feet (next after his sacred majesty) , and humbly craves your compassion and present aid. My lords, it is a foul and dangerous insolence this, which is now. complained of to you ; but it is only one of a hundred of those which have been of late done to this church and government. The Church of England, as your lordships cannot choose but know, hath been and is miserably infested with papists on one side, and schismatics on the other. * * * Alas ! my lords, I beseech you consider what it is that there should be in London and the suburbs and liberties no fewer than fourscore congregations of several sec taries, as I have been too credibly informed, instructed by guides fit for them, coblers, taylors, fellwnakers, and such like trash, which all are taught to spit in the face of their mother, the Church of England, and to defy and revile her government."— Pari. Deb., vol. n., p. 989. 2 In 1620 Sir Jerome Horsey moved, in the House of Commons, " that four or six of that House might be appointed to search the vaults and cellars under the Parliament-house, twice a week. He feared another Gunpowder Plot. Sir James Perrot moved (1620) " that, all the members of the House might take the communion, which was the touchstone of their faith." — Pari. Deb., vol. ±., p. 1184. 3 In the sixteenth century the Inquisition, and its kindred spirits everywhere, had concen trated the gaze of the world upon the single subject of toleration, — the freedom of opinion. Enormities were committed which made humanity shudder, and mind began to question the soundness of a theory which could not be reduced to practice without an aggregation of cru elties " which robbed horror itself of its sway over the soul." John Loui3 VivCs, a Spaniard of great learning and reputation, bewails the fate of moderate and charitable Catholics in Spain. In a letter to Erasmus, dated May 18th, 1534, he says : " We live in hard times, in which we can neither speak nor be silent without danger." In the forty-three years of the administrations of the first four Inquisitors-general, which closed in the year 1524, they committed eighteen thousand human beings to the flames, and inflicted inferior punishments on two hundred thousand persons more, with various degrees of severity. " Some of these occurrences in Spain," Sir James Mackintosh very properly remarks, " and the numerous executions in the Netherlands, must have been well known in Eng land about the period of the death of Mary, and could not fail to affect the state of opinion in that island, so much that a writer of English history cannot with justice exclude 76 ORIGIN OF THE AMERICAN COLONIES. two systems of religion. Opinions were scrutinized as conclusive evidence of innocence or of malignity, and nonconformity reduced to action was war upon the state. The subject of rights was severed from the fortified securities of the past, and became a topic for private and public discussion. What reason did not accomplish was left to be- snatched by the competing hands of bigotry, and what was not protected by justice became the mangled prey of corrupted factions. Each faction had its separate interests, theories, instruments, and ends ; and what could not be gained by concession was claimed by virtue of fanatic preeminence. Property was viewed as the rightful source of strength to the strongest, weakness the evidence of wrong, and resistance to oppres sion as a fearful heresy, or a dangerous rebellion. The people became the victims, successively, of an oppressive government, of religious frenzy, of insurrections, and of anarchy. They were either cramped by monopolies,1 or stretched by levellers.2 Either above the throne, or beneath its ruins. Alternately the subjects of paralyzing fears and elevating hopes, they fol lowed their varying leaders to the clubs or private assemblies, participated in- the secret plots, or rushed to join the gathering mob. The fruits of industry, instead of yielding comforts and protection to the laborer, sharpened the rapacity of the tax-gatherer, and aggravated the grievances of oppression. Traders became bankrupts ; mechanics, beggars. Mothers, wives and daughters, left the quiet but comfortless sphere of home, all mention of them in his narrative ; especially when the memorable circumstances are con sidered, which we learn from the weighty testimony of the Prince of Orange, that the Spanish and French monarchs meditated the extension over all Christendom of such a tri bunal as the Inquisition had already shown itself to be, by its exercise of authority in Spain. ' ' The return of exiles from the seats of Calvinism in Switzerland, at the moment of Queen Elizabeth's accession to the throne, and the accumulated results of great teachers (Wickliffe, Huss, and Calvin) of the fifteenth century, combined to produce the events just noticed of the sixteenth, and in this period the people were still further prepared for the revolutions which occurred in the seventeenth. 1 In 1601 a most interesting debate took place in the House of Commons on a bill against monopolies. One member said that a monopolist might well be termed the. whirlpool of the. prince's profit. Another member (the mover of the bill) said that it presented " no new invention," but was in accordance with the legislation of " their forefathers more than three hundred years before." Sir Robert Wroth said: " There have been divers patents granted since the last Parliament; these are now in being, namely, the patents for currants, iron, pow der, cards, ox shinbones, train-oil, transportation of leather, lists of cloth, ashes, aniseed, vinegar, sea-coals, steel, aquavitse, brushes, pots, salt-petre, lead, accidences, oil, calamin- stone, oil of blubber, fumachoes, or dried piltchers in the smoak, and divers others." Upon reciting of the patents, Mr. Hackwell stood up and asked, "Is not bread there?" "Bread," quoth one. "Bread!" quoth another. "This voice seems strange," quoth another ; " this voiee seems strange," quoth a third. " No," quoth Mr. Hackwell, " but if order be not taken for these, bread will be there before the next Parliament." — Pari. Deb., vol. I., p. 923. The evils of monopoly were sadly multiplied in England, and the subject has always been a prominent one in Parliament. 2 The Levellers insisted on an equal distribution of power and property, and disclaimed all dependence and subordination. ORIGIN OF THE AMERICAN COLONIES. 77 to join in tumultuous processions, bearing prayers to Parliament for relief from starvation.1 Young men, and boys, deprived of thriving masters, left their work-shops • unenlivened by the din of labor, to find relief in the excitements of riot, rapine and destruction. What nature failed to present in shapes of forbidding reality, disordered imagination supplied in hideous phantoms of superstition. The spirit of witchcraft still lurked in the dark recesses of the human soul, and the voices of unholy tongues floated on the midnight air, and the cramps and twinges of invisible hands were felt in the weak and trembling nerves of the distempered.2 The government itself was thrown from its centre by contending parties, each controlling, in its turn, the business of a people, the interests of a nation. The rule of Britain was in process of change. The king, wanting in justice, ceased, to be acknowledged as the legitimate sovereign, and, like the humblest of his subjects, was made responsible for his misdeeds and errors.8 The Parliament, 1 On February 4th, 1641, Sergeant-major Skippon applied to the House to know what was to be done with a crowd of women who had appeared at the doors with a petition to the Com mons for the redress of grievances; they telling him " That where there was one now there would be five hundred the next day ; and that it was as good for them to die here as at home." Butler alludes most probably to this circumstance in the following couplet : " The Oyster-women locked their fish up, And trudged away to cry ' No Bishop.' " Hudibras, Part I., canto 2. " The House advised him to speech them fair," so says the record, " and send them home again: but this day they were as good as their words; they came down in great numbers, and presented a petitionto the Commons, which was received and read." It is stated that " the petition was presented by Mrs. Anne Stagg, a gentlewoman, and brewer's wife, and many others with her of like rank and quality." Mr. Pym was appointed to reply to the " good women; " which he did withbecoming courtesy, promising that members of Parliament would exert their utmost power to protect them, their husbands, and their children, and closed his short address by entreating them to return home, and there to give Parliament the benefit of their prayers. In 1643 several thousand women appeared at the Parliament-house with a petition, demanding peace. Sir John Hippisley, and two or three other members, were appointed to return for answer " That the House were no enemies to peace, and that they did not doubt, in a short time, to answer the ends of their petition ; and desired them to return to their habitations." This answer proved unsatisfactory, and they were not prevailed upon to leave until the troops were called to force them. The troops at first, in firing, used nothing but powder ; but they were ridiculed by' the women, who threw brickbats at them. Bullets were then fired, and several women killed; when the crowd slowly' dispersed, crying out louder and louder, as they retired, " Give us those traitors that are against peace, that we may tear them to pieces ! Give, us that dog Pym!" &c. Pym was out of favor. — Pari. Deb., vol. ii., p. 1073; vol, in., pp. 160, 234, 235. 2 " Demonology was a favorite topic with King James. He demonstrated, with eru dition, the reality of witchcraft ; through his solicitation it was made, by statute, a capital offence. He could tell ' why the devil doth work more with ancient women than with others ; ' and hardly a year of his reign went by but some helpless crone perished on the gallows, to satisfy the vanity and confirm the dialectics of the royal author." — Bancroft's Hist. U. S., vol. I., p. 293. 3 At the time of the overthrow of Charles the First, the feeling of the people was that of 78 ORIGIN OF THE AMERICAN COLONIES. as master or slave, was moulded into every variety of form, and placed in every variety of position. Free to control, or fettered by humiliating restraints; banished by the usurpations of royalty, or paralyzed by dis union, — the Parliaments of this period were the great engines of experiment. Exponents of public opinion, they became the theatres of its fluctuating violence, illustrating the great principle that the possession of power is permanent only where there is purity of motive, conformity in practice. At this time the religious principle constituted the life-blood of the gov ernment. The fear of God was seen everywhere in theory, however wanting in practice.1 Clothed with authority, and combined with every variety of men tal development, condition and interest, this enduring element added zeal to purpose, energy to action, and persistence to will. Every party was known by its ecclesiastical standard. Conformity was required by all, but conceded by none. Great questions had been reached. New political problems were to be solved: Truths were to be defined, and doubts dissipated: Could freedom of opinion be tolerated, and the state preserved 7 Was conscience a principle of divine origin, or an opinion subject to human laws 1 Did not the possession of power imply the relation of responsibility for its uses ; and why should the great and increasing evils of heresy be permitted to sadden the righteous, or to weaken their hands in the holy cause with which they had been intrusted 1 What was the church 1 What was the state ? Was the state a part of the church, or the church a part of the state ? Or, were they independent of each other? These questions, and such as these, unnum bered in "name and nature, were asked and answered, both by government and by the people. They had been known only as the questions of learned men and reformers. They were now the topics of a nation. Religious lib erty was defined by government, — it was claimed by the people. Civil lib- intense hate against a king and monarchy. The Commons ordered a new seal to be engraved, on which that assembly was represented, with this legend, " On the first year of freedom, by God's blessing restored, 1648." , The forms of all public business were changed from the king's name to that of the keepers of the liberties of England. The Commons intended, it is said, to .bind the Princess- Elizabeth apprentice to a button-maker; the Duke of Gloucester was to be taught some other mechanical employment. The king's statue in the Exchange was thrown down, and on the pedestal these words were inscribed, " Exit tyrannus, regum ultimus." The tyrant is gone, the last of the kings. It was sarcastically- pretended that some of the republicans, in reciting the Lord's prayer, would not say " Thy kingdom come," but always, "Thy commonwealth come." — Hume, vol. v., p. 383. 1 During the commonwealth of Cromwell, Parliament voted that they had no occasion for a chaplain. They sometimes voted to spend a whole day in " seeking the Lord " in prayer. Their method was, that as soon as about a dozen members were met, they began with prayer, and ,so continued praying, one after another, till there was a sufficient number assembled to make up a House, and then the speaker took the chair. — Pari. Deb., vol. in., p. 1410. In the time of Charles the First, when the Puritanical party had become strong, two cler gymen of that sect, Marshall and Burgess, were 'chosen to preach before Parliament, and they entertained the members with discourses seven hours in length ! So it is said by Hume, vol. v., p. 142. THE PURITANS IN ENGLAND. ' 79 erty was defined by the church, — it was claimed as the prerogative of Par liament. Privilege was defined by the Lords, — it was claimed by the Com mons. The people by degrees had begun to think for themselves, — to realize the dignity of the human mind, the principle of human rights. On these momentous questions parties were formed. As the power of the government was the greatest seemingly within the reach of man, all sought to control its mighty agency, ; — each to advance an impulse, a theory, an interest, or all of these. Religious freedom was deemed incompatible with civil liberty. Government would not yield to the citizen, because its power exempted it from the necessity; and the citizen refused submission to government, except so far as it represented faithfully the objects of its cre ation. Each had become the keeper of the other. These inquiries had agitated the public mind, more or less, since the mid dle of the fourteenth century. Progress had been slow, but certain -: results had been small, but glorious. What had been looked upon as too insignificant for formal recognition, had become, comparatively speaking, in the seven teenth century, a powerful party. THE PURITANS IN ENGLAND. From the rights of the citizen the Puritan1 proceeded to examine the rights of government. He doubted all authority but divine revelation, and questioned all laws but those of Christ and. the prophets. The Bible was his statute-book and constitution, his text-book of science and economics. It was received by all Christians as the book of God, and the Puritan received it in its entireness with reverence and sincerity. He asked for no other guide, he favored no other view, he acknowledged no other authority. He saw sacrilege in comparison, and eternal danger in doubt and hesitation. He sought to understand the destiny of man, by studying him as the child of God. He found duty portrayed in the requisitions of his Maker, and dis covered a source of rewards greater than could be commanded by human governments.2 He believed that all men Nwere looked upbn with equal favor 'The name Puritan was first applied in England in 1550, "to cast contempt the more," says Governor Bradford, " upon the sincere servants of God." A writer quoted by Prince says, "They are called Puritans who would have the church thoroughly reformed; that is, purged from all those inventions which have been brought into it since the age of the apostles, and reduced entirely to the scripture purity." The Plymouth colonists were called Pilgrims, a'name given them by Hutchinson. Although this name is much used, and is endeared by many associations, still, with motives to convenience, the early colonists will generally be designated in the present work as Puritans. 2 In his lectures on Modern History, Professor Smyth gives advice to his auditors, which all Americans will readily approve. His language is : " You should learn to understand the character of the Puritan as soon as possible ; you must never, lose sight of it, while reading this particular portion of history" (the time of Queen Elizabeth). As the professor could not give in his course of lectures the details ef history in a sufficient degree to convey a 80 THE PURITANS IN ENGLAND. by the Creator, as the subjects of salvation ; and that all laws not in conform ity with this principle of impartial love were unauthorized and unjust. He saw in the countenance of the peasant the divine image stamped with lines proper idea of the times, he selects a specimen in the character of Peter Wentworth, a Puri tan, and member of Parliament, and gives the substance of a speech which he delivered, and of his examination before a committee of Parliament. He continues : " Wentworth was one of the most intrepid and able assertors of the privileges of the House, and being a Puritan, he was irresistibly hurried forward, not only by a regard for the liberties of the subject, but by religious zeal. Here, therefore, in Wentworth, we have immediately presented to us a forerunner of the Hainpdens and Pyms,_and, in Elizabeth, of Charles, the great actors that are to appear in the ensuing scenes : "Elizabeth, after stopping and controlling the debates and jurisdiction of the House on different occasions, at last commissioned the speaker to declare, in consequence of a bill relating to rites and ceremonies in the church having been read three times, that it was the queen's pleasure ' that, from henceforth, no bills concerning religion should be preferred or received into this House, unless the same should be first considered and approved by the clergy.' This was in 1575. " Wentworth, and, indeed, other members, had on former occasions not been wanting to the duty which they owed their country ; but this interference of the queen produced from him, some time afterwards, a speech which has not |)een overlooked by Hume, and is in every respect memorable. Far from acquiescing in the ideas which Elizabeth had formed of the prerogative of the prince, and of the duties and privileges of the Parliament, expressions like the following are to be found in his harangue. You will observe the mixture of religious and patriotic feelings : ' We are assembled to make, or abrogate, such laws as may be to the chiefest surety, safe-keeping, and enrichment of this noble realm of England, .... I do think it expedient to open the commodities [advantages] that grow to the prince and whole state by free speech used in this place.' This he proceeded to do on seven different grounds ; and he concluded, 'That in this House, which is termed a place of free speech, there is nothing so necessary for the preservation of the prince and state as free speech ; and without this, it is a scorn and mockery to call it a Parliament-house ; for, in truth, it is none, but a very school of flattery and dissimulation, and so a fit place to serve the devil ahd his angels in, and not to glorify God and benefit the commonwealth.' And again : — 'So that to avoid everlasting death, and condemnation with the high and mighty God, we ought to proceed in every cause according to the matter, and not according to the prince's mind. The king ought not to be under man, but under God and under the law, be cause the law maketh him a king ; let the king, therefore, attribute that to the law which the law attributeth unto him, — that is, dominion and power ; for he is not a king in whom will, and not the law, doth rule, and therefore he ought to be under the law.' And again : — ' We received a message, that we. should not deal in any matters of religion, but first to receive from the bishops. Surely this was a doleful message ; for it was as much as to say, ' Sirs, ye Bhall not deal in God's causes ; no, ye shall in no wise seek to advance his glory.' We are incorporated into this place to serve God and all England, and not to be time-servers, as humor-feeders, as cancers that would pierce the bone, or as flatterers that would fain beguile all the world, and so worthy to be condemned both of God and man. God grant that we may sharply and boldly reprove God's enemies, our prince's and state ; and so shall every one of us discharge our duties in this our high office wherein he hath placed us, and show ourselves haters of evil and cleavers to that that is good, to the setting forth of God's glory and honor, and to the preservation of our noble queen and com monwealth.' " The speech is not short, and he goes on to conclude thus : — ' Thus I have holden you long with my rude speech ; the which since it tendeth wholly, with pure conscience, to seek the THE PURITANS IN ENGLAND. 81 • of beauty, as strongly and deeply as in that of the king ; and in the sweet smile of the humble orphan a soul as precious as any to be found within the palace-gates. In every human form he recognized a brother, in every kin- advancement of God's glory, our honorable sovereign's safety, and to the sure defence of this noble isle of England, and all by maintaining of the liberties of this honorable council, the fountain from whence all these do spring, my humble and hearty suit unto you all is, to accept my good-will, and that this, that I have here spoken out of conscience and great zeal unto my prince and state, may not be buried in the pit of oblivion, and so no good oome thereof.'" The examination before the oommittee of Parliament is here given entire, as printed in the Parliamentary Debates, vol. i., p. 793. Although of considerable length for a note, no con siderate reader will desire to see it abridged. " Committee. Where is your late speech you promised to. deliver in writing? Went worth. Here it is, and I deliver it upon two conditions : the first is, that you shall peruse it all, and if you can find any want of good-will to my prince and state in any part thereof, let me answer all as if I had uttered all. The second is, that you shall deliver it unto the queen's majesty; if her majesty, or you of her privy-council, can find any want of love to her majesty or the state therein also, let me answer it. Committee. We will deal with no more than you uttered in the House. Wentworth. Your honors cannot refuse to deliver it to her majesty; fori do send it to her majesty as my heart and mind, knowing it will do her majesty good ; it will hurt no man but myself. Committee. Seeing your desire is to have us deliver it to her majesty, we will deliver it. Wentworth. I humbly require your honors so to do. Then the speech being read, they said, — Committee. Here you have uttered certain rumors of the queen's majesty; where and of whom heard you them ? Wentworth. If your honors ask me as counsellors to her majesty, you shall pardon me ; I will make you no answer ; I will do no such injury to the place from whence I came ; for I am now no private person, — I am a public, and a counsellor to the whole state, in that place where it is lawful for me to speak my mind freely, and not for you, as counsellors, to call me to account for anything that I do speak in the House ; and therefore, if you ask me as counsellors to her majesty, you shall pardon me, I will make no answer ; but if you ask me as committees from the House, I will make you the best answer I can. Committee. We ask you as committees from the House. Wentworth. I will then answer you ; and the willinger for that mine answer will be in some part so imperfect as of necessity it must be. Your question consisteth of these two points, Where and of whom I heard these rumors ? The place where I heard them was the Parliament-house ; but of Whom, I assure you, I cannot tell. Committee. This is no an swer, to say you cannot tell of whom ; neither will we take it. for say. Wentworth. Truly your honors must needs take it for an answer, when I can make you no better. Committee. Belike you have heard some speeches, in the town, of her majesty's misliking of religion and succession ; you are loth to utter of whom, and did use speeches thereupon. Wentworth. I assure your honors I can show you that speech, at my own house, written with my hand two or three years ago. So that you may thereby judge- that I did not speak it of anything that I heard since I came, to town. Committee. You -have answered that, but where heard you it, then ? Wentworth. If your honors do think I speak for excuse-sake, let this satisfy you ; I protest before the living God I cannot tell of whom I heard these rumors ; yet I do verily think that I heard them of a hundred or two in the House. Committee. Then of so many you can name some. Wentworth. No, surely, because it was so general a speech, I marked none ; neither do men mark speakers commonly when they be general ; and I assure you, if I could tell, I would not. For I will never utter anything told me, to the hurt of any man, when I am not enforced thereunto, as in this case I may choose.. Yet I would deal plainly with you, for I .would tell your- honors so ; and if your honors do not. credit me, I will volun tarily take an oath, if you offer me a book,- that I cannot tell of whom I heard those rumors. 11 82 THE PURITANS IN ENGLAND. dred spirit a fellow-laborer. He saw in man a being created for eternity, a candidate for redemption, and alike the agent of power and the subject of a just obedience. But, if you offer me an oath of your authorities, I will refuse it ; because I will do nothing to infringe the liberties of the House. But what need- 1 to use these speeches ? I will give you an instance, whereupon I heard these rumors to your satisfying, even such a one as, if you will speak the truth, you shall confess that you heard the same as well as I. Committee.' In so doing we will be satisfied. What is that ? Wentworth. The last Parhament [by which it may be conceived he meant and intended that Pari, in An. 13 Reg. Eliz.] he that is now speaker [namely, Robert Bell, Esq., who was also speaker in the first session of this present Pari, in An. 14 Reg. ejusdem] uttered a very good speech for the calling in of cer tain licenses granted to four courtiers, to the utter undoing of six or eight thousand of the queen's subjects. This speech was so disliked of some of the council, that he was sent for ; and so hardly dealt with, that he came into the House with such an amazed countenance, that it daunted all the House in such sort, that for ten, twelve, or sixteen, days, there was not one in the House that durst deal in any matter of importance. .And in those simple mat ters that they dealt in, they spent more words and time in their preamble, requiring that they might not be mistaken, than they did in the matter they spake unto. This inconveni ence grew unto the House by the council's hard handling of the said good member, whereupon this rumor grew in the House. ' Sirs, you may not speak against licenses : the queen's majesty will be angry, — the privy-council, too, will be angry ; ' and this rumor I suppose there is not one of you here but heard it as well as I. I beseech your honors discharge your con sciences herein as I do. Committee. We heard it, we confess, and you have satisfied us in this ; but how say you to the hard interpretation you made of the message that was sent into the House ? [The words were recited.] ' We assure you we never heard a harder interpre tation of a message.' Wentworth. I beseech your honors; first, was there not such a message sent unto the House .' Committee. We grant that there was. Wentworth. Then I trust you will bear me record that I made it not ; and I answer you that so hard a message could not have too hard an interpretation made by the wisest man in England. For, can there by any possible means be sent a harder message to a council gathered together to serve God than to say, ' You shall not seek to advance the glory of God ' ? I am of this opinion, that there cannot be a more wicked message than it was. Committee. You may not speak against messages, for none sendeth them , but the queen's majesty. Wentworth. If the message be against the glory of God, against the prince's~safety, or against the liberty of this Parliament-house whereby the state is maintained, I neither may nor will hold my peace. I cannot in so doing discharge" my conscience, whosoever doth send it. And I say that I heartily repent me for that I have hitherto held my peaee in these causes, and I do promise you all, if God forsake me not, that I will never during life hold my tongue, if any message is sent wherein God is dishonored, the prince perilled, or the liberties of the Parliament impeached ; and every one of you here present ought to repent you of these faults, and to amend them. Committee. It is no new precedent to have the prince to send messages. [Then were two or three messages recited, sent by two or three princes.] Wentworth. Sirs, said I, you do very evil to allege precedents in this order. You ought to allege good pre cedents to comfort and embolden men in good doing, and evil precedents to discourage and terrify men to do evil. Committee. But what meant you to make so hard interpretation of messages > Wentworth'. Surely I marvel what you mean by asking this question. Have I hot said so hard a message could not have tod hard an interpretation ; and have I not set down the reason that moved me in my speech, that is to say, that for the receiving and accepting that message God has poured so great indignation upon us, that he put into the queen's heart to refuse good and wholesome laws for her own preservation ; which caused many loving and faithful hearts, for grief, to burst out with sorrowful tears ; and moved all THE PURITANS IN ENGLAND. 83 Their motives were both religious and political. When the state became a party in defence of the church, the sectaries combined against the state. The friends of religious reform became politicians, and statesmen ecclesias- Papists, traitors to God, to her majesty, and to every good Christian government, in their sleeves to laugh the whole Parliament-house to scorn ? Have I not thus said ? and do not your honors think it did so ? Committee. Yes, truly. But how durst you say that the queen had unkindly abused herself against the nobility and people ? Wentworth. I beseech your honors, tell me how far you can stretch these words of her unkindly abusing and oppos ing herself against her majesty's nobility and people. Can you apply them any further than I have applied them ; that is to say, in that her majesty called the Parliament of pur pose to prevent traitorous perils to her person, and for no other cause ; and in that her majesty did send unto us two bills willing us to take our choice pf that we liked best for her majesty's safety, and thereof to make a law promising her royal consent thereunto ; and did we not first choose the one, and her majesty refused it? Yet did not we, nevertheless, receive the other ? And, agreeing to make a law thereof, did not her majesty in the end refuse all our travels ? And did not the lord-keeper, in her majesty's presence, in the beginning of the Parliament, show this to be the occasion that we were called together ? And did not her majesty in the end of the Parliament refuse all our travels ? Is not this known to all here present, and to all the Parliament-house also ? I beseech your honors discharge your con sciences herein, and utter your knowledge simply as I do ; for in truth herein her majesty did abuse her nobility and subjeots, and did oppose herself against them by the way of advice. Committee. Surely we cannot deny it ; you say the truth. Wentworth. Then I beseech your honors show me if it were not a dangerous doing to her majesty in these two respects : — First, in weakening, wounding, and discouraging the hearts of her majesty's lov ing and faithful subjects,. thereby to make them the less able or the more fearful and unwill ing to serve her majesty another .time. On the other side, was it not a raising up and encouraging the hearts of her majesty's hateful enemies to adventure any desperate enter prise to her majesty's peril and danger ? Committee. We cannot deny but that it was very dangerous to her majesty in those respects. Wentworth. Then why do your honors ask how I dare tell a truth, to give the queen warning to avoid her danger ? I answer you thus, I do thank the Lord my God, that I never found fear in myself to give the queen's majesty warning to avoid her danger ; be you all afraid thereof, if you will, for I praise God I am not, and I hope never to hve to see that day ; and yet I will assure your honors that twenty times and more, when I walked in my grounds, revolving this speech to prepare against this day, my own fearful conceit did say unto me that this speech would carry me to the place whither I shall now go, and fear would have moved me to have put it out ; then I weighed whether in good conscience, and the duty of a faithful subject, I might keep myself out of prison, and not to warn my prince from walking in. a dangerous course ; my conscience said unto me that I qould not be a faithful subject, if I did more respect to avoid my own danger than any prince's danger. Herewithal I was made bold, and went forward as your honors heard ; yet when I uttered those words in the House, that there was none without fault, — -'no, not our noble queen, — I paused and beheld all your countenances, and saw plainly that those words did amaze you all ; then I was afraid with you for company, and fear bade me to put out those words that followed ; for your countenances did assure me that not one of you would stay me of my journey ; yet the consideration of a good conscience, and of a faithful subject, did make me bold to utter it in such sort as your honors heard ; with this heart and mind I spake it, and I praise God for it ; and if it were to do again, I would with the same mind speak it again. Committee. Yea, but you might have uttered it in better terms ; why did you not so ? Wentworth. Would you have me to have done as you of her majesty's privy- council do, to utter a weighty matter in such terms as she should not have understood ? To have made a fault, then, it would have done her majesty no good ; and my intent was to do 84 THE PURITANS IN ENGLAND. tics. All were full of zeal, confidence and activity. Self-reliance was a prevailing feature of the age. All were doubted, but no one doubted him self. The expansion of the religious principle burst the boundaries of the civil" power. It was like the flood that overflows the banks, and spreads beyond the prescribed limits of past experience. Government was not prepared for the shock, and was lifted up and carried forward to new foundations. The creative power of mind, the cheering hopes of the soul, the fierce and impulsive propensities of man's common nature, were all cen tred in the service of the religious sentiment. Society was overwhelmed with new views, feelings, and aspirations. Government lost its force and authority, industry its reward, and home its securities. Families became insen sible to the ties of kindred blood ; the golden bands of friendship tarnished and crumbled ; the silken cords of love untwined and fell asunder ; and all seemed entranced in gazing upon a heavenly vision which opened the Book of Life, and displayed the glad tidings of another world, an eternal home for the repentant sinner. The interests of earth faded into insignificant shadows before the melting blaze of truth presented by the hand of Almighty Power. Society looked out from its convulsive bosom to seek a freedom in harmony with its spiritual necessities. The spirit of religion became too mighty for the narrow limits of civil liberty in England. Democracy, com bining religious zeal with patriotism, self-respect with the spirit of sacrifice, led the Puritans to seek a home in the wilderness, ahd to establish a church among the heathen. In their view, civil liberty was of no account without religious principle, and, based on religious principle, a government became an institution of God for the advancement of humanity. In England they saw a people divided and disheartened by the accumulated wrongs of the past, and in America a new land of promise. Thus, in the midst of a distracted people and changing government, was erected by. the Puritans the standard of Democracy. They fearlessly asserted its glorious truths, and claimed for man that civil position in society for which he was so marvellously fitted by his Maker, and the exercise of all those privileges promised him in the Holy Bible. Here was the great her good. Committee. You have answered us. Wentworth. Then I praise God for it; and, as I made a courtesy, Mr. Seckford spake these words : Cpmmiitee. Mr. Wentworth will never acknowledge himself to make a fault, nor say that he is sorry for anything that he doth speak; you shall hear none of these things come out of his mouth. Wentworth. Mr. Seck ford, I will never confess that to be a fault, to love the queers majesty, while I live; neither will I be sorry for giving her majesty warning, to avoid danger, while the breath is in my body. If you do think it a fault to love her majesty, or to be sorry that her majesty should have warning to avoid her danger, say so; for I cannot. Speak for ' yourself, Mr. Seckford. " Mr. Wentworth was committed to the Tower." THE PURITANS IN AMERICA. 85 issue between the democratic and conservative parties of England, in the seventeenth century. . "There were," says M. Guizot, "two national wants in England at. this period : on one side was the need of religious revolution and liberty in the heart of the reformation already commenced, and on the other was required political liberty in the heart of pure monarchy, then in progress ; and in the course of their progress these two wants were able to invoke all that had already been done in either direction. They combined. The party who wished to pursue religious reformation invoked political liberty to the assistance of its faith, and conscience against the king and bishops. The friends of polit ical liberty again sought the aid of popular reformation. The two parties united to struggle against absolute power in the temporal and in the spiritual orders, a power now concentrated in the hands of the king." In the brief space given to the consideration of the origin and gradual formation of the democratic party in England, which resulted in peopling the American continent, and. led to the revolutions which elevated Crom well, and which caused the downfall of James II., it will be quite impos sible to do more than classify events in a general way. The quotation from Guizot properly refers to a period of more than a century. National events can -be studied with profit only in the extended relations of national existence. The revolution of Cromwell was the result of a combination of numerous religious sects, the growth of several genera tions, and for a time united by the oppressive acts of a tyrant king. The next movement had more of a political character, and a closing period is to be found in the revolution of 1688. It was the succeeding wave of progress, in England, to that of 1643. The Puritans embarked in the Mayflower, as the representatives of Democracy. They knew its history in England ; their fathers had bequeathed to them its responsibilities.1 They had fought its battles, formed just concep tions of the blessings which it was calculated to yield and foster, and beheld with clear convictions the dangers to be pointed out and avoided, and the new safeguards to be secured and established. THE PURITANS _ IN AMERICA. The political survey of the colonies here proposed is a general one, and extends from the settlement of the Pilgrims, at Plymouth, 1620, to the 1 It is even admitted by Hume, who could approve of no government but that of a mon archy, that " so absolute, indeed, was the authority of the crown (in the time of Elizabeth), that the precious spark of liberty had been kindled and was preserved by the Puritans alone ; and it was to this sect, whose principles appear so frivolous and habits so ridiculous, that the English owe the whole freedom of their constitution." 86 THE PURITANS IN AMERICA. time of the Revolution and Declaration of Independence, 1776. During this period of one hundred and fifty-six years, thirteen colonies had arisen. .Each colony had its own peculiar origin, growth and character, and is to be considered as a distinct pohtical element. The object of the present general view is to become, in some degree, acquainted with those fundamental prin ciples which guided our fathers in founding the American nation. Such a method of inquiry appears necessary to a clear understanding of the great outlines of the general subject. In the discussion of topics contemplated in this work, of course, a frequent return to the events of the colonies for illus tration will be necessary ; and whatever is omitted in the general survey will appear in its appropriate connection, in chapters devoted to the consid eration of national measures. Much has been said and written in respect to the motives which constituted the moral strength of the Puritans. What enabled them to withstand the cruel treatment of a jealous government, and to survive the bitter persecu tions, which subjected them to almost every species of humiliation and suffering 1 The details of events through which they voluntarily passed, the scenes of mental agony and physical prostration which marked their gloomy way; their extraordinary foresight and •courage, their, inward content, and their outward prudence and watchfulness, cannot be considered without intense interest, nor without lasting profit.1 Their simple story has been the theme of the ablest minds ; their deeds and relations, their opinions and institu tions, make up the pages of unnumbered volumes ; and yet, we still pause 1 In obedience to the queen , in 1593, a law was passed entitled An Act to keep Her Majesty's Subjects in Obedience. At this time the Puritans had greatly increased, and the sufferings which followed in the wake of the execution of this act were frightful. The prisons were filled, many families were banished, and some were put to death. It was declared by Sir Walter Raleigh, in Parliament, that there were not less than twenty thousand Puritans, divided into several congregations, in Norfolk and Essex and in the vicinity of London alone. Among the Puritan ministers were Smith, Jacob and Ainsworth, the last, one of the most learned men of the age. -Smith was confined in prison a year before he was even heard, and members of his church " were shut up in close rooms, not being allowed the liberty of the prison." " Here," says Neale, " they died like rotten sheep ; some of the disease of the prison, some for want, and others of infectious disorders." "These bloody men " (thelligh Commissioners), according to Barrow, in his supplication, " will neither allow us meat, drink, fire, lodging, nor suffer any whose heart, the Lord would stir up for our relief to have any access to us ; by which means seventeen or eighteen have perished in the noisome jails, within these six years. Some of us had not one penny when we were sent to prison, nor anything to procure a mainte nance for ourselves and families but our handy labors and our trades ; by which means not only we, but our families and children, are undone and starved." " That which we crave for us all is the liberty to die openly in- the land of our nativity. If we deserve death, let us not be closely murdered, — yea, starved to death, with hunger and cold, and stifled in loathsome dungeons. ' ' — See Neal's History of the Puritans. LOVE OF NATIVE LAND. 87 and reflect in wonder, in view of how little has been said, and how much remains to be studied and truly understood. The Puritans were men. They were actuated by human motives. They understood the objects of life ; they saw and realized the necessities of exist ence. They appreciated comforts, but not at the expense of duty. They honored the spirit of loyalty, but not at the expense of principle. Govern ment was looked upon by them as a means of security, not of restraint. They saw in God a King above royalty, and in the Bible an authority above that of Parliament. They desired to live a godly life, but as citizens of a just government. They had not been indifferent observers of the glowing descriptions of navigators who had visited the continent ; ' and it would be a libel upon their memory to ' suppose that they were insensible to the material qualities and charms of the New World, as connected with their personal tastes, wants, hopes, and propensities. They were distracted by no plans of socialism, nor were they troubled with any agrarian theory, or transcendental speculations. They were religious men, endowed with an extraordinary degree of common sense. They loved truth, without despising gain. The love of gain is an instinct of nature. It is a fundamental faculty. It characterizes every soci ety. It is a part of man's condition, — an element of the world's progress. The Puritans had it, — all have it. It cannot be disguised, — it should not be disowned. It is a noble instrument, though a despicable end. It is a convenient servant, but a degrading master. LOVE OF NATIVE LAND. The Puritans left behind a country that was still dear to them for the many comforts and delights in which they had been permitted to participate, and they could not divest themselves of the natural pride which had made a part of their existence from the cradle, as connected with the events of their country's joys, their country's glory. The soil of their native land had been consecrated by the gladsome sports of childhood, the privileges of youth, and by noble contests of successful manhood. There is an instinct implanted in the human heart which seems to hallow the atmosphere of infancy, and renders sacred the early scenes of existence. The first objects of sight, hearing and touch, become interwoven 1 Columbus himself, in one of his letters to Ferdinand and Isabella, ^describes the Ameri cans and their country thus : " This country excels all others, as far as the day surpasses the night in splendor. The natives love their neighbor as themselves ; their conversation is the sweetest imaginable ; their faces always smiling ; and so gentle, so affectionate, are they, that I swear to your highnesses there is. not a better people in the world." At the present day such a statement requires no comment. — Smith's Description of New England. 88 POLITICAL RELATIONS OF THE PURITANS. with the joyous and crowding thoughts of the young mind, and the associa tions then formed constitute the spirituality of national feeling. , " Mother country " is no unmeaning phrase. It indicates a relation with out which no citizen could be known, no nation. could endure. It indicates a sentiment which lights up the eye of patriotism, nerves the strong arm of the warrior, fills the heart of the philanthropist, and distinguishes the man of public spirit from the grovelling creature of a sordid mind. A being insensible to its generous enthusiasm, or indifferent to its noble control, is looked upon by society, with horror and indescribable contempt. To suppose that the Puritans were destitute, in any degree, of this inborn sentiment, is to allow an exception to a general' law of human nature. To suppose even that, they were indifferent to its influence, is to do them a gross injustice, by appearing to forget their frequent and ardent declarations to the contrary. Their love of home was as sincere as their sense of duty was powerful. They could neither conceal the one nor withstand the other. They were made up as men of extraordinary parts, deficient in none. They desired .to stand upright before God; and they preferred freedom in the wilds of America to oppression in England, though they looked back upon their native land with tears and lamentations, as their great exemplar before them had turned weeping towards Jerusalem. POLITICAL RELATIONS OF THE PURITANS. The Puritans now stand iii new relations, — the inhabitants, of the western hemisphere. They are still regarded in the light of subjects of Great Britain, though invested with new and transatlantic powers; and separated from the immediate control of old ones, by an assumed act of royalty. Their condition was one of stern realities. Wishes and common wants were swept away by dire necessities, and their recollections of the past were shut out by constant and fearful apprehensions for the future. They stood alone. If the king granted them charters and patents, he promised them no army or fleet for protection ; and if they had his prayers and blessings, it'was not because they were of any value, but because they cost him nothing. Royalty had condescended to exercise a doubtful power, by giving them permission hum bly to endeavor to take care of themselves, in the forests of a heathen land, — doubtless gratified more by a faint hope that a new source of revenue had been opened to the nation, by a class of troublesome subjects, than by any motive of service entertained either for their profit or for their happiness.1 1 " It has often been observed by me, " says John Adams, ' ' and it cannot be too often repeated, that colonization is casus omissus at common law. There is no such title known in that law. ' By common law, I mean that system of customs, written and unwritten, which was known and in force in England in the time of King Richard the First. This continued to be the case down POLITICAL RELATIONS OF THE PURITANS. 89 With a view distinctly to trace and understand the causes that have made the colonies what they are, it is necessary that we should have a clear idea of their moral and political beginning. By what authority did the Puritans land on the shores of the American continent ? "What rights did they claim, and what were their principles'? Did they look to Great Britain for a gov ernment, or were they self-inspired to make their own laws, and to control their own destiny 1 or, were they to be the subjects of two governments, — one of their own, and another imposed upon them by the king and Parlia ment? These and similar questions crowd upon the reflecting mind, when turned to contemplate the desolate landing of the Pilgrim Fathers upon the Plymouth rock. The Puritans seemed to be solemnly impressed with the great responsibil ity of their position, both in respect to themselves and posterity. They were here as Christian eitizens, in a state of nature, free to make a beginning according to their own convictions of duty. It was an opportunity ' not to be neglected, compromised, or postponed. The representatives of Democracy on board of the Mayflower, before landing, united upon the following Compact : "In the name of God, amen ! We, whose names are underwritten, the loyal subjects of our dread sovereign lord, King James, by the grace of God, of Great Britain, France and Ireland, king, defender of the faith, &c, hav ing undertaken, for the glory of God and advancement of the Christian faith, and honor of our king and country, a voyage to plant the first colony in northern parts of Virginia,2 do, by these presents, solemnly and mutually, in the presence of God and of one another, covenant and combine ourselves to the reign of Elizabeth and King James I. In all that time, the laws of England were con fined to the realm, and within the four seas. There was no provision made in this law for gov erning colonies beyond the Atlantic, or beyond the four seas, by authority of Parliament; no, nor for the king to grant charters to subjects to settle in foreign countries. It was the king's. prerogative to prohibit the emigration of any of his subjects, by issuing his writ ne exeat regno; and, therefore, it was in the. king's power to permit his subjects to leave the kingdom. * * " So that our ancestors, when they emigrated, having obtained permission of the king to come here, and being never commanded to return into the realm, had a clear right to have erected in this wilderness a British constitution, or a perfect democracy, or any other form of government they saw fit. They, indeed, while they lived, could not have taken arms against the King of England without violating their allegiance ; but their children would not have been born within the king's allegiance, would not have been natural subjects, and con sequently not entitled to protection, or bound to the king." — Life and Writings of John Adams, by Charles F. Adams, vol. iv., p. 121. JVovanglus, No. viii. 1 " Man's extremities are God's opportunities," was a saying quoted in Parliament more than two hundred years ago. 2 " The Pilgrims, by coming so far north, had got beyond the limits of the Virginia Com pany, and accordingly their patent was of no value. On the return of the Mayflower, in May, 1621, the Merchant Adventurers applied in their behalf to the president and council of New England for a grant of the territory on which they had unintentionally settled. This, it seems, was readily accorded." — Young's Chronicles of the Pilgrims, p. 114. 12 « 90 POLITICAL RELATIONS OF THE PURITANS. together into a civil body politic, for our better ordering and preservation, and furtherance of the ends aforesaid ; and by virtue hereof to enact, consti tute and frame, such just and equal laws, ordinances; acts, constitutions, and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony ; unto which we promise all due submission and obedience. "In witness whereof we have hereunder subscribed our names, at Cape Cbd, the llth of November, in the year of the reign of our sovereign lord, King James, of England, France'and Ireland, the eighteenth, and of Scot land the fifty-fourth, Anno Domini 1620." l This compact has been the subject of extravagant comment, both of appre ciation and of disparagement. Some writers have discovered much and extraordinary wisdom in it, while others have been unwilling to admit that it was entitled to particular notice. It is quite possible that most men would agree in respect to the measure of its importance, if they were to view it in the same relations as to the past and future. The Puritans had left a land remarkable for its published laws, declarations, protests, and proclamations ; where government inhered in hereditary distinctions, and where human rights and immunities were defined and engrossed with great formality on parchment. The simplicity of common sense was a rare quality in the Lords and Bishops, and no one will claim that it was a distinguishing feature of the Commons. The public documents of England were characterized more by a tedious 1 The following are the names subscribed to the compact, namely : Mr. John Carver t 8 * John Turner 3 William Bradford t 2 Francis Eaton t 3' Mr. Edward Winslow t 5 * James Chilton t 3 Mr. William Brewster t 6 * John Crackston 2 Mr. Isaac Allerton t 6 Join Billington t 4 Capt. Miles Standish t 2 * Moses Fletcher 1 John Alden 1 * John Goodman 1 Mr. Samuel Fuller 2 * Degory Priest 1 * Mr. Christopher Martin t 4 * Thomas Williams 1 * Mr. William Mullens t 5 Gilbert Winslow 1 * Mr. William White t 5 * Edmund Margeson Mr. Richard Warren 1 Peter Brown 1 John Howland * Richard Britterige Mr. Stephen Hopkins t 8 George Soule * Edward TiUy t 4 * Richard Clarke 1 * John Tilly t 3 Richard Gardiner 1 Francis Cook 2 * John Allerton 1 * Thomas Rogers 2 * Thomas English 1 * Thomas Tinker t 3 Edward Dotey * John Ridgdale t 2 Edward Leister * Edward Fuller t 3 In number, 100. [The number in each family is denoted by the figures ; those marked with an asterisk (*) died before the end of March ; those with an obelisk (t) brought their wives with them.] OBJECT OF POLITICAL HISTORY. 91 verbosity than an acceptable perspicuity; and there had been an apparent ambi tion on the part of the framers of laws to excel rather in habits of mysterious expression, than in that plain choice of words which appears to have a dis tinct object, and proceeds with directness to state it. It is to be regretted that American legislation is encumbered with similar evils, most of which may be traced to English sources. In view, therefore, of what the Puritans had been accustomed always to see at home, in all important public matters ; — in view of what was still more important to themselves in their future rela tions, — it must be confessed that the compact cannot be considered other than an extraordinary document. It may be termed, with great truth, a conserva tive beginning, comprehending a progressive democracy. It marked with boldness the circle of freedom, and recognized the great principles of justice and equality. It turned back upon the past with all due expressions of loy alty, without any concessions of right, and placed the general good of the people on the broad foundations of a simple outline, which could be seen by all, and misunderstood by none. That they should have been the authors of an act so important, and upon the meaning of which, for a period of more than two hundred years, there has been no division, is a fact worthy of serious remark, if not to be justified as a sufficient cause of wonder.1 INSTRUCTION, NOT SELF-AGGRANDIZEMENT, THE OBJECT OF POLITICAL HISTORY. In studying the institutions of a country with a desire to understand the various causes, whether latent or open, real or apparent, that have conspired to build them up ; in all endeavors to trace and define the motives of their founders, our studies frequently lead to emotions of wonder, when the discovery is made that an extraordinary degree of human wisdom is proved, beyond all question, in their works. What was projected in outline and executed with success, is ascribed to clearness of judgment in the application of principles. A succession of measures, sustaining a progressive principle, is looked upon as a specimenof consummate wisdom. An accident, or an undesigned event, 1 Li speaking of this compact, John Quincy Adams says : "This is perhaps the only instance in human history of that positive original social compact which speculative philosophers have imagined as the only legitimate source of government. Here was a unanimous ami personal assent, by all the individuals of the community, to the association by which they became a nation. It was the result of circumstances and' discussions which had occurred during their passage from Europe, and is a full demonstration that the nature of civil government, abstracted from the political institutions of their native country, had been an object of their serious meditation. The settlers of all the European colonies had contented themselves with the powers conferred upon them by their respective charters, without looking beyond the seal of the royal parchment for the measure of their rights and the rule of their duties." — Ora tion, delivered Dec. 22, 1802. 92 DEMOCRACY NO NEW SYSTEM OF MODERN TIMES.' which ends in beneficial results, is clearly a smile from Heaven,— a providen tial dispensation. These habits of remark are not- mentioned for the purpose of making exceptions to those acts of the riiind which favor motives, and claim for the past all the -glory which in truth and candor belongs to it. In no respect would we exert an influence to lessen the exercise of a just and wholesome veneration for the labors and achievements of those pioneers of principle who accomplish much, but who seldom live to see the maturity of their plans, or to realize the objects of their wishes. Such a purpose would be as unnatural as it would prove to be indefensible. Justly to appre ciate the motives of those who are no longer present to speak for themselves, is a sacred duty; Still, while the principle of duty is acknowledged, it becomes the humble inquirer to approach the subject rather as one of instruc tion than of self-aggrandizement, — rather as the source of evidence of a divine control, than of the truth- of those propositions of philosophy which, in view of the ordinary events of life as Ordered by Deity, gives precedence to accident, or mistakes the infinite for the finite. ' Our subject is one of principles, not of men ; of ideas, hot of things.1 In men and things illus trations are to be found which may tend to sustain a theory, or to expose a fallacy. But in all investigations which have for their aim the development of truth, as leading to a bettes and a higher practice, that error of con founding original causes with human motives should be carefully avoided. It must be remembered that DEMOCRACY IS NO NEW SYSTEM OF MODERN TIMES. It has been asserted and defended in all ages. In ages of mental dark ness it has been as the distant light to the feeble vision of the ignorant, — a goal to be reached, but not yet practically realized.2 Its broad dimensions and unfathomable depths were defined with as much clearness by the ancient prophets as they are by the wisest of to-day. The attributes of Deity have encircled a universe from eternity with their inextinguishable light; and all ipeeple have reverently acknowledged their power, though but few have been able to gaze upon so brilliant a glory,3 or practically to combine their sublime aspects with the affairs of humanity. 1 "Ideas once generated live forever," says a distinguished writer. 2 "It is absurd to expect, but it is not absurd to pursue, perfection," is a remark of Sir James Mackintosh. 3 " There is only one cure," says Macaulay, " for the evils which newly-acquired freedom produces, and that cure is freedom. When a prisoner' leaves his cell, he cannot bear the light of day; he is unable to discriminate colors, or recognize faces ; — but the remedy is not to remand him to his dungeon, but to accustom him to the rays of the sun. The blaze of truth and liberty may at first dazzle and bewilder nations which have become half blind in CONTEST FOR THE GREATEST LIBERTY. 98 The designs of men, who are the slaves of debasing appetites and unholy motives of ambitious control, may sometimes bear a semblance of success ; but their power is like the cable of sand to stay the ship, or the bursting bubble to hide the sun,- when placed within the influence of the attributes of Infinite Wisdom. By slow degrees only has man been able to note the scale of so high a standard. His conceptions of the possible gradually become the incentives to new endeavors, and what seemed beyond the reach of human capacity becomes in process of time a visible reality in practice. It is thus that the outward world is made to conform to the loftiest requisitions of the inward mind, and that the end of being is made manifest by the great events of Providence. • With high conceptions of the infinite, and with zealous convictions of a practical Democracy in regard to the finite, the Puritans took possession of the American continent ¦ not having the power to realize, even in the remotest degree of distinctness, the magnitude pf the great work of which they were but the humble beginning. In making choice of the Western continent for a home, they acted in conformity to the instincts and sentiments of their nature, guided by. an enlightened judgment. They erected the Democratic standard ' without a single abatement of its lofty streamers, and commenced A CONTEST FOR THE GREATEST LIBERTY. This was natural. It is always so with people who attempt to enlarge their national freedom. The great idea of liberty, when left to act upon the popular mind, opens to the beholder a new world in its entirety, where motive apprehends no sin, where jealousy has withered no passion. All are filled with a hope to do right ; none are conscious of -a weakness that will lead to the commission of wrong. It is an opportunity seized upon with all the avidity which moves the soul let loose from arbitrary confinement, and inspires it to enjoy the utmost freedom, and to concede it. But, while.it leaves the pure in heart to rejoice for a time in new privi leges, it affords the corrupt and selfish a license to indulge in the commission of new crimes. It was so with ancient empires, where the people rushed forward to sustain the leaders of revolution, where all was promised and but little realized. It has been so in all the revolutions of France.; and in the house of bondage ; but let them gaze on, and they will soon be able to bear it. La a few years men learn to reason ; the extreme violence of opinion subsides ; hostile theories correct each other ; the scattered elements of truth cease to conflict, and begin to coalesce ; at length a system of justice and order is educed out of the chaos." 1 Judge Haliburton says : " They were all dlmocrats, and alike hostile to the church and state they had so cheerfully abandoned at home." — Rule and Misrule of the English in America, p. 37. 94 CONTEST FOR THE GREATEST LIBERTY. no country, perhaps, has the great principle- of freedom been more beauti fully and truthfully analyzed- than by the gifted minds of that powerful nation. It has been so in Germany, where popular will is smothered by the cowardly alliances of impotent sovereigns, and where constitutions are flatr tered into embryo, and strangled.at their birth. It was so in the vast domin ions of the great Czar, where the unfortunate Pestel and Ryleieff,1 and their confederates, became inspired by the democratic teachings of the Bible, and formed their secret liberty clubs throughout the empire, resolved to subvert the government, and establish one of equal rights. In reference to this principle of unreserved occupancy, it is often re marked that, if revolutionists would attempt less, they, would accomplish more. This has- often* been said of France. But how the exertion of a lesser power is to surpass that of a greater,, is far from being explained in the terms of such a proposition. In all rebellions there is a declaration of right, and a public discussion of principles. The gain from such movements is one of knowledge ; and, as an element of progress, is of far greater conse quence than the slight concessions of arbitrary power. This disposition of the human mind to extend its control to the entire limits of its own conceptions is one of incalculable importance. It fills with human effort the entire circle of moral duty ; and new truths are early discovered, that they may be prepared to meet the wants of coming periods. In the settlement of the American continent, the colonists were placed in new relations, which they began immediately to define, and to surround with their best means of defence. With just motives in regard to safety, they claimed all without resort to violence they had the power to protect, and they required all they had the power to enforce. They came out as a party to enjoy the "blessings of Democracy, but soon became a commonwealth sub ject to party divisions. . They h^ad exchanged the humble position of indi vidual responsibility for that of public control ; and what had been claimed for themselves as a right in England soon became dangerous to grant to others as a privilege in America. With the accumulated results of experi ence, and with their views of public duty, the Puritans possessed all those stern elements of character requisite for the settlement of a new country. They were as well established in their determination what to avoid, as they 1 Ryleieff was a poet, and a great admirer of Washington, and of the institutions of the United States. He undertook to complete the Catechism of the Free Man, commenced by N. Mouravieff ; and he wrote both prose and verse in favor of freedom. Seditious songs of his composing were circulated among the people. At the time of execution, three. of the five con spirators fell to the ground, the rope being, badly adjusted. Although stunned, at first, by the fall, Ryleieif walked with a firm step, but could not help uttering this painful exclama tion, — " Must it be said that nothing succeeds with me, not even death ! " According to some witnesses, he also exclaimed, "Accursed" country, where they know neither how to plot, to judge, nor to hang." CONDITIONS OF NATIONAL EXISTENCE. 95 were firm in executing the plans chosen and approved by their judgment. They were democratic republicans in principle, and they were resolved to be truly so in practice. But the great subject involved in a profitable consid eration of the colonies is that of THE CONDITIONS OF NATIONAL EXISTENCE. What are the elements of national power, of national greatness ? In what do they consist, and on what do they depend?' The American colonists of the seventeenth century, and many of their suc cessors of the eighteenth, have long been tenants of the tomb, sleepers in the dust. Their bodily presence has crumbled with the humble slabs which mark their graves; but their children's children, their country and their country's institutions, have become the hope of humanity, the glory of the world. In their stead millions tread the continent. The Indian, whose sway was the dread of the Puritans, and whose range was coextensive with the con tinent, now knows no country, counts no tribe, forms no nation. His race has ceased to make a part of humanity, except in subserviency to civilization. His"bunting-grounds have been shorn of their wildness, and the eye of the surveyor has scaled the mountain heights, and fathomed all the streams. Their water-falls have been harnessed by the hand of industry to subserve the interests of man, and their broad lakes and rivers bear upon their bosom the freighted wealth of nations. The forests have fallen before the wood man's axe ; and where beasts were tenants, the mighty powers of civilization preside. Where the trail of the native marked the secluded soil of the wil derness, the terrific engine of the railroad moves with resistless force and impetuous speed, translating the hill to the valley, the mountain to the ocean, and the population of the country from city to city, giving to all frequent opportunities to witness the unnumbered scenes of industry, beauty and munificence, which everywhere mark the land. Where humble settle ments struggled to find the means of existence, states have risen out-rivalling ancient empires, and the vast continent, which was then visited by the few of almost every nation, has become the territory of a people whose govern ment rests upon the illimitable basis of that Democracy recognized by the Puritans, ahd whose institutions have become the wonder of the civilized world^ and the dread of despotism. Who does not join, with a sense of unconquerable amazement, in the inquiries, — Whence these mighty results? Where are the sources of such boundless streams of causation ? In what form can men behold the princi ples which have given birth to such examples of benevolence and grandeur, to such harmonious designs of duty and noble activity ? 96 HABITS OF APPLICATION AND PRUDENCE EARLY ESTABLISHED. It is not to the possession of wealth that we are to look, for this was death to the greatness of Spain. The colonists were poor. It is not to be ascribed to the principle of monarchy ; for, with all her kings and queens, and illustrious statesmen, Great Britain has yet to discover the true causes of popular discontent, the sources of public prosperity. The colonists were republicans. It is hot to the acquisitions of philosophy in the lands of a Kant, or of a Cuvier, that the mind is to be directed for a solution of such questions; for their countries have been the scenes of frequent revolution, and still remain as significant examples of how little* human misery is lessened by human learning. The colonists were working men.1 Nor can an answer be found in the mighty army of Russia, where martial law is government; nor in the Celestial Empire, where ignorance is safety, and activity treason. These nations are still bound by the strong chains of despotism, sustained by a multitudinous soldiery ; and vast masses of human beings linger in hopeless indifference to the highest emotions of the soul, and passively submit to suffering as the birthright of freemen. The colonists were their own pro tectors, their own teachers. Where, then, shall the common mind be directed for instruction on this exalted theme ? Where find the primary influences that prepare the mind for that lofty exercise of the virtues which dignify and adorn individual character, and enlarge the motives that hold sacred the rights of a citizen, and with extended arms of power encompass and protect, with equal cer tainty, the great interests of a nation ? Where, but to the eternal source of truth and justice? Where wisdom adapts itself to the constitution of things, heeding the lessons of the past, relying upon knowledge, protecting the present by a government of laws, and, jealous of rights, providing for the future by the institutions of education and religion? Where motives are characterized by divine attributes of love and integrity, and truth is illus trated by examples of the self-sacrificing spirit of devotion to duty, clothed with a power that knows no glory but in the happiness of its subjects? Influenced by such motives and principles, the Puritans began their work. THEIR HABITS OF APPLICATION AND PRUDENCE WERE EARLY ESTABLISHED. They knew no pride but ^in duty, no ambition but in sacrifice. Their hopes had long. been chastened by the strong arm of an oppressive govern ment, and their anticipations were circumscribed by an experience that indulged in no extravagant promises. Wants, were limited to the narrow 1 " As for this poor Relation, I pray you to accept it as being writ by the several actors themselves, after their plain and rude manner. Therefore doubt nothing of the truth thereof. If it be defective in anything, it is their ignorance, that are better acquainted with planting than writing." — Robert Cushman's Letter from Plymouth, in 1621. FORMATION OF CHARACTER AIDED BY EXTERNAL OBJECTS. 97 compass of stern necessities, and pleasures restrained within the sober bounds of duty.1 The idea of luxury was banished from the mind, as incompatible with its necessities ; and habits of idleness and of frivolity were looked upon with a horror next to that of death to the body, or dissolution to the state.8 They promptly rejected all speculative propositions, and dis countenanced all doubtful experiments. They looked upon loss of any kind with fearful apprehensions. Their possessions were small, their numbers few, their visible power insignificant. Time and mind were their only capi tal, opportunity their only privilege.3 A constant activity, a perpetual vigilance, a self-reliance that centred in God, a firmness that yielded to nothing but death, were the undeyiating and only conditions upon which they could be saved and continued. In their boldness they were cautious ; in their prudence, courageous. With what indomitable pertinacity they adhered to their plans and executed their purposes, may be seen in the numerous events recorded by the historian.4 FORMATION OF CHARACTER AIDED BY EXTERNAL OBJECTS. . But, in the estimate of human character, it is not to be forgotten that man is constantly surrounded, influenced and controlled, by agencies which inhere in the constitution of things. Man stands not alone. He may be the "tenth or ten- thousandth " link in the great chain of the moral universe. He seems to will as he likes, but he cannot always act as he wills. He is prone to beheve himself the primary agent of power, when he is but the humble subject of submission. Law pervades all the faculties of his being, all the circumstances of life. These are controlled by laws, and according to laws they are governed and exercised. Placed in relation to external objects, man is everywhere favored or opposed by the phenomena of existence. He breathes an atmosphere adapted to his bodily wants. He 1 Josselyn, who visited New England in 1638, says: " July 10, 1 went ashore upon Noddle's Island, to Mr. Samuel Maverick, the only hospitable man in all the country, giving enter tainment to all comers gratis." In 1635, the General Court manifested its high displeasure at his extravagance. — Young's Chronicles of Massachusetts, p. 322. 2 " There is a generation which think to have more in this world than Adam's felicity in innocency, being born, as they think, to take their pleasures and their ease. Let the roof of the house drop through, they stir not ; let the field be overgrown with weeds, they care not ; they must not foul their hand, nor wet their foot. It 's enough for them to say, Go you, — not, Let us go, — though never so much need. Such idle drones are intolerable in a settled commonwealth, much more in a commonwealth which is but as it were in the bud." — Robert Cushman's Discourse to the Colonists, 1621. s Want of punctuality was made a penal offence. 4 Read "Histoky op the Uniteo States, from the Disco-vert op the American Con tinent," by George Bancroft. This writer discusses national topics with great ability. and eloquence. 13 98 NATIONAL SOVEREIGNTY. treads the earth subject to all its laws. He thinks and acts in harmony with his spiritual being; and whether the agent or subject of power, — the observer of objects or the object observed, — the man, the citizen, the ruler, or the ruled, — he finds himself but an humble part of the mighty whole, the active or the passive element of society. From the cradle to the grave, he passes through all the social and national relations of good and evil, power and want. He is both a contributor and a receiver of benefits. He is alike the subject of favor and of adversity, of pleasure and of pain. He succeeds or he fails, in the execution of his plans, according to the measure of his wis dom or the folly of his habits ; and his life is one of ease or of hardships, according to the age in which he lives, or the principles by which he is gov erned. In whatever position he stands, -the great work of Providence is advanced with irresistible force, to the accomplishment of the designs of divine beneficence. Oppression, adversity, hardships and suffering, with their appalling train of unwelcome events, are transformed by the hand of Deity into sources of moral strength and spiritual endurance, In all these relations of trial the Puritans were placed. They were tested and proved in relation to the simple elements of things. They commenced with the first principles of social and national growth, and guarded the sources of influence in their earliest risings. The comparatively sterile and rock-bound soil of New England, and the severity of the climate, rendered labor a necessity ; and thus were established permanent habits of industry. With no conventional aid to sustain them, they sought out the resources of individual existence, and found an aid in every circumstance, an ally in every object. They had faith in G°d and nature, and by God and nature they were sustained, exalted, and advanced. NATIONAL SOVEREIGNTY. The chief element of national existence is sovereignty. It is political independence, an efficient state of self-direction in a government. It is com prised in the condition of ability, — an ability that is equal to the control of internal and external governmental emergencies. It comprehends the man, the citizen, the nation, and all their relations of duty and alliances of power. It is the embodiment of conventional power in its greatest efficiency; and, while it is alive to all the conditions by which it is preserved, it yields nothing to the spirit that seeks to abridge its prerogatives. The compact of individuals may recognize the principle, but the reality is a result of the slow process of successful endeavor and defence. In sovereignty, properly understood, are to be found all the great princi ples ; which inhere in the spirit of liberty. Its degrees range from the indi vidual to the nation, from the smallest conventional forms of organization to NATIONAL SOVEREIGNTY. 99 government itself in its mightiest functions. The completeness of the whole depends upon the completeness of its parts. The colonists did much to develop this great principle. Let the principle be carefully studied, in its various conditions of advancement. Still, with this idea of sovereignty in regard to the American settlements, "the colonists acknowledged the King of Great Britain as their lawful sovereign. The admission, however, was merely technical. It was not even theoretical. Many of the colonists had long been democratic republicans. They were so still. It must be remembered that republicanism is not always democracy, although it would be difficult to find an example of democracy that was opposed to republicanism. The one relates to form, the other to principle. This view does not involve the necessity of doubting their loyalty, because they had not yet discovered that the feeling of sovereignty, which they had realized, was inconsistent with their allegiance as subjects of a monarchy. They had not yet been entirely persuaded- of the practicability of a republic ; and, while religious liberty was to them a subject of paramount importance, they were not disposed to test the question of form, where they had prom ised themselves the enjoyment to be realized in the practice of principle. Sovereignty that is based upon the exercise of absolute power is consolida tion. Though consolidation strictly refers to the uniting of parts which have already existed, Still the term may be used, perhaps, as significant of abso lutism. It has but a single reliance. It is self relying upon self. If it - fails in self, it has no alternative but to fall. It is the will of a single mind reduced to the narrow scale of individual wisdom. Sovereignty that is based upon Democracy is subordinate to fundamental principles. Every form of power is a warrant of security. Great interests have each their safeguard, and what protects one protects all. It commences with the individual. It is self-knowledge, self-control. It extends to the family and to the social circle. In them it is the entire fulfilment of duty in the private relations of life. With a regulating hand it advances with the common interests of society, and towns ' and cities, as such, become each its 1 " We may, however, be sure of one point," says Lord Brougham. " Democracy is much more natural to towns or cities than to country districts ; and here it may be observed that in general popular governments, either on the aristocratic or democratic model, have at all periods of the world been more usually established in the towns than in the country." De Tocqueville says :-=-" Local assemblies of citizens constitute the strength of free nations. Town-meetings are to liberty what primary schools are to science ; they bring it within the people's reach, they teach men how to use and how to enjoy it." These admis sions are in harmony with a well-established fact, that the people are democratic in the same degree that they are justly informed. To say that "local assemblies" and "town- meetings " constitute the strength of a nation, is to assert, in other words, that the people themselves are the source of national strength, which is true. These frequent neighborhood meetings give opportunities for mutual instruction, and hence their great importance. The town government was derived from the authority of Scripture. In the "Abstract 100 NATIONAL SOVEREIGNTY. own master and protector. That is, in the settlement of certain interests, they exercise a supreme authority, admitting of no appeal. Still enlarging its circles of control to meet the wants and emergencies of society, towns and cities are formed into states, and states into empires. Treaties are negotiated, alliances are formed, and national law defined and promulgated, and thus the civilized world is subdivided by man, in view of his wants, interests, and necessities. These classifications are not arbitrary, — they inhere in nature. They are the legitimate results of natural causes, and exist in harmony "with the natural laws. What self-resj3ect is to the individual, and duty to private life, sovereignty is to the town, to the state, to the empire. It is a primary law of moral and political existence, and is to conventional power what iden tity is to person. It is found to be limited or extended, according to the capacities of the individual or the people. In relation to progress, it is either complete or incomplete ; that is, nominal or real. Language is inadequate for definition. And in this connection the great distinction should be observed which exists between religious and political independence. The sovereignty of the religious world centres in God, and is perfect. Political sovereignty is conventional, and centres in man ; and is more or less complete, according to the degree of his perfection. It is a sovereignty of progress, a sovereignty that recognizes the necessity of improvement, but which surrenders no pre rogative of principle. It forms a most beautiful as well as instructive subject, to see with what completeness the elements of national existence combined to aid the Puritans. All nations and nature opened sources of life, interest and strength to the New England colonies. The power of the Indians insured union to the white man, and their divisions gave allies. Territory was as free to the pilgrim as air to the out cast. This is a primary condition to independence. Without territory, equitably divided among men in the commencement of a community, inde pendence is impossible. It is the foundation of interest, as interest becomes the leading element in the foundation of power. It gives to every man, town, state and nation, a boundary-line to protect, a class of interests to promote. Genius becomes graduated to the sphere of its incentives, and industry con fines its labors to the limits of human motives. All become workers with distinct objects in view, and each class of men accomplish not only a private end, but a common good. Here was to be seen what has proved to be of incalculable value to the American Union, — the-great principle of state sovereignty, ordinarily denom inated State Rights.1 The party lines in respect to this subject were early and of Laws and Government," proposed by John Cotton, in 1655, the following passages are quoted : Deut. 16 : 18 ; Exod. 18 : 21, 22 ; Jer. 36 : 10—12. 1 In this connection allusion can only be made to the elements of this important subject It will be fully considered in another place. THE EXERCISE OF EQUAL RIGHTS. 101 deeply drawn. The perpetual topics of discussion, to be found in all nations, in reference to land titles and boundary-hnes, were, prominent ones in the colonies. The contest was confined to no company, to no section. All became alike involved. The influence of interest was combined with that of national pride, and what was wanting in reason was more than supplied by prejudice. National rivalries and antipathies, with all the bitterness of accumulated hate, had their sway in the business of defining the charters and patents of the king, and in adjusting conflicting titles, — difficulties which designing men had contrived, or ignorance had permitted. What a spectacle to behold ! Insignificant and yet distinct bands of citizen adven turers, just arrived and scattered in a wilderness, and already engaged in earnest controversies concerning territorial rights ! Every civilized nation had its representative in some active position. It is true, the different colo nists were not here to act by authority of the government of their respective nations. They were invested with a superior power. The uncompromising spirit of nationality, incorporated, as it were, in the passions of the indi vidual, was everywhere alive, native responding to native, and each appeal ing to the government of his home for protection. In all these conflicts, the natives of England, Scotland, Francej Sweden and Holland, were more or less concerned, and entered into combinations characterized by local interest and national peculiarities, as various as the lights and shades of the setting sun depicted upon the rocks and dells of the mountain-side. No colony was exempt from these territorial difficulties, and it is to be hoped that no state is to be found where the results of these early contests are not permanently preserved in an immovable attachment of the people to the democratic doctrine of state sovereignty. State sovereignty is to the nation what the breakwater is to the city upon the sea-side. It is defence against accumulated force indefinitely exercised. Its prerogatives consist in the absolute control of its own rights as a state, in the exercise of its own power as a sovereignty. When viewed in their relations to government, the differ ence between a freeman and slave is not greater than that existing between a sovereign state and a subordinate department of a consolidated confed eracy. - Without a bill of rights, there can be no sure freedom of person ; without state sovereignty, protected by a constitution, there can be no security to a republic. An indispensable condition to sovereignty is to be found in THE EXERCISE OF EQUAL RIGHTS. No one will contend that equal rights can spring from unequal beginnings. In old countries the difficulty of such a beginning must be obvious to all. It is, indeed, an inadmissible supposition. It is an event impossible. It is beyond the reach of law, without involving the dangers of revolution ; and 102 EQUALITY IS BEST COMMENCED IN POVERTY. it is beyond the reach of revolution, without ending in anarchy. * The unequal results of imperfect laws and institutions, — the diversified conditions of men, as traceable to the varied capacities of mind, — are not to be levelled by the hand of government, nor harmonized by the inefficient theoretical' influences of social communities.1 Practical industry thrives best where competition is most active, and suc cess is most certain where individual enterprise is most encouraged. If every man acts for himself, provided his standard of duty is in harmony with the good of others, he is adding character to society, and wealth to the state. EQUALITY IS BEST COMMENCED IN POVERTY. In this relation, poverty is an indispensable condition to equal rights. It is to capacity what territory is to persons. It is an open field for endeavor, equally free to all, though all are not endowed with equal ability to cultivate it. Every man according to his talents. Poverty has the powerful and inventive aid of necessity. It hinders no motive but that of extravagance ; it favors no act but that of economy. It has no promises of greatness for ambition, no golden bribe for corruption. To pride and jealousy it offers no fuel for the flame of passion, and envy is disarmed by the meekness of its bearing. But the reader must not confound the poverty of possession with the pov erty of sentiment. A man may stand forth in the true dignity of his nature, honoring God, helping man, comprehending and enjoying the true luxuries of life, the happiness .of virtue, the independence of integrity, the delights of religion, and be unable to command the wealth sought by commerce, or which misers grasp with a death-like selfishness. He is poor in pos session, but rich in the best gifts of humanity. On the other hand, a man may look upon material wealth as the great object of existence. His ambi tion may be graduated to the grovelling scale of gain, without regard to principle, control, or good. He may be as rich as a Girard, or an Astor, but in spirit poorer than the meanest beggar that sues for charity in the streets of the metropolis. In a miser's view the Puritans were poor. As nature's noblemen, none 1 France is in a condition of unequal development. In some respects the nation is in advance of all others ; but it must be admitted that in other important particulars it is comparatively deficient. The family and the town organizations are wanting. While Paris is France, France must be cramped by Paris. The popular will, like an unguarded ocean, engulfs the boundaries of right. The tides of impulse and ignorance still defy the limits of judgment. The Socialists have their great errors, but their extravagance may command attention where prudence would not be heard. They are working to supply an evident want, but they ask too much. With an honest intent to supply a part that is wanting, they commit the serious error of proposing to do it at the expense of the whole, already established. ' Great evils require special and extraordinary remedies. Even when much is asked, but little is gained. EQUALITY IS BEST COMMENCED IN POVERTY. 103 could boast of greater riches.1 They sought for aid in industry, character, and religion. With these, success was certain ; without these, impossible.2 Their chief aim, when embarking fbr America, seemed to be comfortably to provide for the voyage, and to insure a safe beginning in the wilderness. They had no common fundj except in a very limited supply of the actual necessaries of life ; and what was wanting in such property with a portion of the company was equalized by the skill and capacity of the planter and the mechanic. All rights being equal in regard to territory and property, there was no obstacle to an agreement that all rights should be equal in respect to privilege. The sovereignty of this little body politic was purely democratic, based upon the general good. All had a voice in its exercise; or, in other words, each individual exercised a sovereignty within himself, subjected only to the control of the majority. The majority principle is simply a rule of practicability, securing to a body of men an opportunity of action, numer ically, according to the theory of entire equality. It is a practical adjust ment of differences, after all have had an equal chance for influence. No person is counted more than one ; no person can be counted less. A more perfect foundation for a democratic sovereignty cannot be conceived. The sovereignty of the individual, however humble, is complete ; and, in the exer cise of the majority principle, the sovereignty of the body politic is pre served.3 A considerate regard was extended to the weak in position, by 1 Gov. William Bradford, it is said, was th an arrogant spirit, to analyze the dark ages of man; as if they had been, permitted, and hot controlled, by Provi dence ; as if it were possible that Almighty Power could cease for an instant in its beneficence, or fail to assert and develop the sublime and mighty rela tions of divine truth. This is not the spirit of philosophy, of patriotism, or of religion. Rather let the pages of the past be read as -the lessons coming from Infinite Wisdom, illustrating the glories of truth by the absence of knowledge, the power of knowledge by the examples of ignorance, the bless ings of knowledge by the practical results of its application. In God's own time, the destiny of man will be developed by human agencies, which, while they display his goodness, will elevate the soul ; and while they exalt his power, will add energy to all the faculties. The ancients, with extraordinary foresight of the power of knowledge, pro claimed, with oracular solemnity, that self-knowledge was of divine origin, Truth profound ! How great the task ! how infinite the theme ! Self-knowledge comprehends a consciousness of the varied powers of mind ; their wants as connected with condition, their nature as the agents of con trol, and an acquaintance with external objects, as the aids of human pro gress. Without self-knowledge, man remains ignorant of man. Rights would exist only in abstract propositions, and duty would be a theory subordinate to arbitrary power. Historians of all nations are too much accustomed to speak of education as having been within the reach of the people. They employ language that is calculated to mislead the reader, and to perplex the thinker. They fail to make a distinction between individual examples of learning and a diffused intel ligence among the people ; between the love of knowledge and the possession POPULAR EDUCATION. 109 of it. It is true the ancients prized it with as much enthusiasm as the mod erns do ; but what would be counted much in one period, would be deemed insignificant in another. What was once called general diffusion, embracing only those who could read and write, and were in position, would be charac terized in the present day as education for the aristocracy. In ancient Rome, in the earlier ages of the confthonwealth, it is asserted by historians1 that the Roman matrons appreciated teaching as an honor. The general prosperity and peace of China have been ascribed to educational causes.2 Guizot and others, say, that from the first to the eighth centuries schools were everywhere numerous in France.3 Charlemagne is represented as a most ardent friend to education, — and yet he was unable to write his own name. Prescott gives a glowing account of "Arabian scholarship, in the tenth and succeeding centuries, under a despotic government and a sensual reli gion." * Alfred of England, in the ninth century, is said to have enjoined by law all freeholders, possessed of two hides of land or more, to send their. children to school ; and it is added that he had the satisfaction to see great changes in the face of affairs, before his death.5 Peter the Great is recorded as having established "schools in all the towns and little villages of Russia, where the peasants learned to read and write, which the very gentry could hardly do before." 6 And it is added by another writer, that the Emperor Alexander did much, in his reign, "to promote general education; and estab lished several new universities, with large numbers of subsidiary schools."7 These writers are not quoted with any disposition to make improper exception to their authorities, which seem to warrant such statements, but with a purpose to induce a more careful study of the nations referred to, in regard to the actual condition of the people. Historians owe it to them selves and to philosophy so to impart knowledge as not to violate the pre rogatives of moral power. As a precocious child, properly trained, is not 1 Tytler, and others. 2 Davis' China, vol. I., p. 201. 3 Civilization in Europe, vol. i., p. 349. * Ferdinand and Isabella, vol. I., p. 285. 6 Hume, vol. I., p. 75. 6 Eustaphieve's Reflections, &c, p. 73. 7 The intelligence of the troops and the people of Russia may be infemed from an anecdote related by Schnitzler. At the time of the great revolt at St. Petersburg, soon after the acces sion of Nicholas to the throne, a revolution was attempted by Ryleieff and others, to which allusion has already been made. The ostensible plan- was to place Constantine upon the throne, which he had voluntarily surrendered in favor of Nicholas, and to insist upon a con stitution. When the moment had arrived for declaring their standard, " to the cry ' Hurrah for Constantine ' was added that of ' Hurrah for the constitution. ' The last word bears in RuSs a feminine termination, — Constitouizia, — and the ignorant men who heard it coupled with that of Constantine supposed it referred to his wife ! The word republic, had it been pronounced, would not have been better understood. And the more reasonable cry which escapes in smothered sighs from many a Russian heart, ' Triumph to the cause of law and justice, and down with absolutism ! ' would not, if uttered to that audience, have been more intelligible." — Secret History of Russia, vol. I., p. 240. 110 POPULAR EDUCATION. expected to be a dull man, so a nation that is early favored with extensive means of education is not expected to linger in the dark shades of ignorance as it advances to maturity. The practical teachings of the parable of the traveller, who gave a different number of talents to each of his servants, are as applicable to true philosophy as to religion.1 The power of truth is certain. Knowledge is its great lever. Whatever else is clouded by the uncertainties of life, the light of knowledge has its conditions of progress, which may be calculated with as much moral accuracy as the elements of physical power. It is only necessary to look with scru tiny to the present state of England, France, Russia and China, to be per suaded that at no time whatever have the common people of those nations been blessed wijh a common-school education. They all have much to accomplish before arriving at such a position. The power of knowledge is still monopolized, and the people, though blessed with occasional glimpses of privileges which belong to them, are kept down by the machinery of govern ments, suited only to control an ignorant population. As the stream is dependent upon its source, so all events, of whatever name or nature, are made subservient to truth. It has been eloquently said that " Diffused knowledge immortalizes itself." 2 Its presence prepares for its continuance. Its advancement discovers new agents, new labors, new duties. Its actual possession elevates all that has dignified man in the past, and gives birth to hew conceptions and new motives, >jn view of the future. The education of Prussia, which opens the portals of truth to the subject, as a showman exhibits for pay, — that affords to the man a nominal possession of knowledge, without a title to the dignity which belongs to its uses, — is like giving light to the eyes of the blind, while manacles still fetter the limbs of ' the body.3 Yet, thanks to the monarch who acts with confidence, according to. the light which surrounds him.4 . He is preparing a crown for his royal descendants, which will outrival the brightness of the diamond", — the glo rious wreath of freedom, — and which no power on earth can place upon the head but the hand of Democracy. If it were a safe proposition for the Lord-Bishop of Durham, in 1603, 1 Matthew 25 : \t, 15. 2 Sir James Mackintosh. 3 The position of the Prussian subject, in relation to his sovereign, is much like that which Solicitor Coke acknowledged to be his, when, as Speaker of the House (1592-3), he addressed her majesty Queen Elizabeth, and said, "For as in the heavens a star is. but 'opacum corpus,' until ithath received light from the sun, so stand I. ' corpus opaCum,' a mute body, until your highness' bright shining wisdom hath looked upon me, and allowed me."— Pari. Deb., vol. i., p. 860. ' 4 An intelligent writer says :" It was the successful assertion, by Martin Luther, of the right of individual conscience, the great principle of religious liberty, which led to the estab lishment of the parochial schools in Germany,' the germs of the present school system of Prussia." POPULAR EDUCATION. Ill that "correction without instruction is but a tyranny," it requires but little prophetic boldness to predict that with instruction tyranny must ultimately cease ; 1 and, it may be added, crime essentially diminished.2 Tyranny, which appears in the name of principle, has but a temporary mission, a" transitory control. Its palaces become its sepulchres, its retreats of safety become its own dungeons of confinement. While it subserves a collateral end, it is inherently, self-destructive. All men, whether tyrants or patriots, love the power pf knowledge. All bow to the magic spell of genius, to the sovereignty of mind. By all they are reverenced, but with opposite motives. By the tyrant, that he may increase his security, in being able to command the resources of those whom most he dreads ; by the patriot, that he may extend to all that freedom which most he loves and craves. The man of ambition prizes no titles above the honors of a university ; the people esteem no greatness above that which is to be seen in the defender of their rights, by his masterly exhibitions of knowledge. The miser, who habitually .pinches the flesh with every exer tion to sustain its vitality without the expenditure of his money, indulges in his first act of extravagance when he buys a roll of parchment upon which to record a will that conveys a title of all his savings to those institutions established to honor mind, and to multiply the means of knowledge. Such are the instincts of humanity in regard to those great principles of progress which are developed by education, and with which alliances by every class of mind are sought, to secure a fame that alone can be immortal. The humble Peter Wentworth, when he claimed the right to exert his powers of knowledge in the House of Commons, in 1575, became the terror of her majesty, and of her majesty's councillors. God help to keep in eternal remembrance this ancient and faithful democrat ! 3 How little has been done in the Old World, for the past three hundred years, to secure the freedom,$f;. speech claimed by this honest commoner, is sadly illustrated by the despite, of France ^and Austria, who still multiply their soldiers, invest r ¦Pari. Deb., vol. i., p. 985. 2 Of the nine thousand nine hundred and seventy-nine committed to the jails and houses of correction in Massachusetts, in 1850, only three thousand one hundred and seventy- five, or less than one-third, could read and write, — and that, too, while only one in a hun dred of the people could not read and write ; making about ten thousand per cent, in favor of education. Similar calculations in respect to the convicts of the different states show similar results, though the percentage in favor of education is much greater in Massachu setts than in any other state. In view of such facts, the warden of the Ohio penitentiary, in a special report on prison discipline, made in 1851, said: "When it is considered that a very fruitful cause of crime is early orphanage, poverty and ignorance, the importance of penitentiary school-masters will be rendered at once apparent." European statistics illus trate the same great truth, that crime can be lessened only by means of intellectual aiid moral culture. — See " Western Journal," August, 1852, in which an article may be found on this subject, written by M. Tarver, Esq., the senior editor. 3 See page 79. 112 POPULAR EDUCATION. cowards with authority, muzzle the press, and banish their statesmen and philosophers. They tremble more in the active presence of a few of their gifted sons, than if they were threatened by all the armies of the world combined. In the one case, hope gives them many chances of success ; in the other, none. It is easy to be seen, however, that in all the changes of tyranny darkness slowly recedes before the light of truth, and the people begin to see where they stand, what they are, what they are to do, and to grasp the power which is revealed by knowledge. But knowledge and wisdom, without integrity and justice, are only partial agents of reform. It was a sublime truth of Solomon, that " the fear of the Lord is the beginning of knowledge."1 This was the prevailing sentiment of the Puritans, when they evinced a greater confidence in their principles than in the strength of an army, and saw in their schools more enduring security for the defence of their rights than in the erection of walls and fortifications.2 In no respect, and in no condition, is the time misspent which is given to the contemplation of their modest yet profoundly wise beginning, in regard to the great subject of education. But, as state sovereignty is sustained by the means of education, so far as a knowledge of principles and moral power is concerned, it is yet further dependent upon its agency in opening and enlarging the sources of national wealth, and stimulating the incentives to national enterprise. As knowledge is a nation's power, so industry is a nation's wealth. What education is to knowledge, knowledge is to industry. The one prepares the power, the other uses it. The diversified products of the earth, their varied secondary combinations by the hand of art, their applications in the business of life, and fitness to meet the growing wants of society and of nations, are perpetual sources of great questions, which impose upon man the most sacred obligations to acquire practical habits of study. His position is one of vast responsibility. The lessons have been placed before him by an Almighty hand, rand the treasures which each reveals can be possessed only by means of education. The farmer is the tender of Nature's great machinery of production. -• His duties are not limited by his interests, his labors are not confined to his own wants. He belongs to a state which has its peculiarities of soil, climate and of production. He belongs to a Union made up of independent states, each having its own distinguishing ability, and each its own class of wants. He belongs to a world filled with men of different capacities, interests and passions, and fitted for labor as various as the tastes and necessities of man are numerous. To each and all of these he owes a duty, from the perform- 1 Proverbs 1 : 7. s It was a true remark of WiUiam Penn, " That which makes a good constitution must keep it ; namely, men of wisdom and virtue, — qualities that because they descend not with worldly inheritance, must be carefully propagated by a virtuous education." POPULAR EDUCATION. 113 ance of which each and all derive a benefit. How noble is the stewardship, —how imperative the necessity of knowledge! The mechanic and the manufacturer has each his circle of labor and skill. As the farmer should understand the philosophy of nature in the pro cess of her productions, so should the mechanic and the manufacturer under stand the philosophy of the productions of art. These are illimitable. Their origin may be traced either to the necessities of man, or to a knowledge of his wants and peculiar tastes. The arts and sciences are to be practically mastered ; the elements are to be made his humble servants in relieving labor ; the conditions of men are to be studied ; the fashions are to be noted as they change, and the war .of competition, that life-energy of enterprise, is to be waged with prudence, and yet with unremitting activity. Hand in hand then come the merchant and the navigator. They are the great agents to supply the wants of the world. Every country is to be studied ; every people is to be visited, consulted, understood and supplied. They gather for distribution, carrying to distant lands the products of their own country, and returning laden with the fruits and commodities bf other zones, with fabrics made with other hands. History becomes a business topic, geography a directory, and man is found to be a subject of study, as an important element in successful enterprise. Commerce has been reduced to system, and is justly considered a national power. In view of all these operations, of the unnumbered and changing copart nerships between mind and matter, between the elements and machinery, between the wants of one people and the wants of another, between the necessities and the luxuries of life, between the duties and the profits of business, another class of men, and by no means the least important, apply themselves to the study of forces, the philosophy of motion, of natural agents, the true economy of the mechanic powers. Inventive genius has been the helper of all nations, in all ages ; but in no period has it accom plished so much as within that of the brief existence of American independ ence. In no country are its applications so various, so practically useful, as in the United States of America. The farmer plants, reaps and gathers, by machinery. The mechanic saws, planes, bores and drills, by machinery. And by machinery the manufac turer produces all those refinements of taste which give variety and elegance to the textures of cotton, wool and silk, and beautiful forms to the woods and metals. By the aid of the magnetic telegraph, steam,1 and the power- 1 What shall be said of the magnetic telegraph, if Lamartine be admired for his apprecia tion of the art of printing? " Guttemberg," says he, "without knowing it, was the mechanist of the New World. In creating the communication of ideas, he had assured the independence of reason. Every letter of his alphabet which left his fingers contained in it more power than the armies of kings and the thunders of pontifis. It was mind which he 15 114 POPULAR EDUCATION. f press, editors can gather news of the day from the extremes: of the American continent before they dine, and before they sleep scatter their reeking sheets to millions of their expectant readers. Merchants exercise an omniscient supervision of the great markets of the nation, and the surplus commodities of the day are taken to a distant state by the all-receiving cars, or carried by the steamships of the ocean to other continents, to other lands. Mind is practically omnipresent. The boundaries of discovery no man will presume to limit ; the possible achievements of art and science no mind is so reckless as to attempt to predict. That "fact is stranger than fiction," is a saying now confirmed by ordi nary experience. Indeed^ language has become quite inadequate to the description of realities, and all people press, from the confines of the civilized world, to the mighty gatherings of a world's fair, to witness the wonders of invention, and to enlighten the darkness of an honest incredulity. This is but a slight outline sketch of the world in its present state of activity. Men, states and nations, have alike become competitors in the great objects of industrial enterprise. Self-protection is seen to He in self- knowledge. Self-knowledge is found to embrace man placed in relation to the external world, and in the responsible positions of subject and agent) as connected with a transitory and an eternal destiny. The elements of his nature have been considered in respect to the ends of government and of existence; the means. of advancement have been studied in view of arriving at those conditions of safety which arise from knowledge, and of avoiding those conditions of danger, suffering and degradation, which result from ignorance and moral indifference. , In ascribing honor to the Puritans for their comprehensive views of the great importance of education, no more than simple justice is done to their principles of Democracy. Though they expected but little, they prepared for much ; though their modesty was surpassed only by the earnestness of their piety, the aspirations of their highest ambition have been exceeded, and splendidly illustrated, in the events which followed them. What their descendants have accomplished and realized, has already become the theme of inquiry and amazement throughout the world. If by tnem education was looked upon as an important element to security, it cannot be viewed by the present generation otherwise, than as a necessity. It has ever been, in all ages, a leading feature of Democracy, without which but little could be accomplished, either for freedom or for happiness. The cause of educa tion and Democracy should, in all countries, be considered identical; not for the few, but for the many; not for the rich alone, but for the poor; furnished with language. These two powers were the mistresses of man, as they were here after of mankind." — Hist, of the Girondists, vol. i., p. 21. LEGISLATION OF THE PURITANS. • 115 the best that can be commanded, and for all. Let the district school, the high school and the college, rise up everywhere throughout the broad domain of the American continent, as living monuments sacred to the memory of the Puritans who founded them, and as great instruments to preserve the liberty of their descendants. Education may be regarded literally as the night-watch of freedom, the guardian angel of Democracy. It gradually discovers to the state the great sources of its power, the dangers of ignorance, the impenetrable safeguards of its sovereignty. It imparts a necessary knowledge of conditions without the observance of which no people can permanently thrive, or intelligently prosper. It enables the citizen clearly to understand the declarations of a constitution upon which rests the great American Union, and to take that comprehensive survey of men and things which recognizes a sovereignty in every state, and in all the states a NATION, thatj in its functions of power and grandeur, knows "no north, no south, no east, no west," and sees nothing in its objects " but a sacred maintenance of the common bond, AND TRUE DEVOTION TO THE COMMON BROTHERHOOD."1 THE LEGISLATION OF THE PURITANS was of a nature to command implicit obedience. It simply consisted in the application of Bible authority to the varying conditions of the colonies. To them the Bible was government. They raised no questions, and permitted no liberties of construction. It was not their government, but the govern ment of God. It was not a government for discussion, but one of blessed privileges and obedience ; and as such was to be defended against the inroads of impious men in the colonies, and against dangerous heretics from abroad. The church was deemed the sacred depositary of the safeguards of liberty, and was guarded with a watchfulness that knew no rest, and with a spirit that entertained no compromise. Theocratic rule is one of sentiment. It is based upon wisdom already acknowledged. It admits of no discussion. This is its nature. The wisdom of the Bible was viewed by the Puritans as a revelation from God, and as sufficient for humanity, in all its wants and changes. This wisdom declared the principles of Democracy, and it was seized upon with inexpressible delight, as in harmony with all the higher sympathies of our common nature. What truth could be more glorious than that of equal rights 1 What happiness more complete than religious free dom 1 What protection more sure than a democratic sovereignty ? What end more noble than the universality of privilege ? Beyond this their imag- 1 Franklin Pierce. 116 LEGISLATION OF THE PURITANS. ination could not go. More than this their hopes had never promised,, nor could their conceptions realize. They considered the Democracy of the Bible as self-protective, and that all its laws were adjusted to its principles. Still, with these views 'as they supposed unalterably fixed, they did not hesitate to give form to scriptural authority, as connected with. their wants and growing interests. Their first compact was a legislative act. In 1623, trial by jury was ordained by the court.1 Their mechanics were forbidden to work for strangers.2 In 1627, lands were equally divided by an act of the court.3 And, prior to 1636, a few other laws were made ; but they were not of a character to illustrate any new principle, nor to show any departure from principles already acknowledged. There was one law, however, enacted in 1632,4 which is worthy, of remark, as tending to prove that the Puritans were not much influenced by love of distinction. It was made a penal offence to decline office. To decline offlce was not a new fact in history; but the fact, whenever found, is an instructive one. The element of ambition in the administration of govern ment, whether present or absent, is always to be noted. Actuated by motives of ambition, man becomes an uncertain agent. With considerations in view of personal aggrandizement, it cannot be supposed that he is capable of being just to the rights and interests of others. Generally deficient in self-knowl- 1 " It was ordained 17 day of December An" 1623, by the court then held, that all criminal facts, and all matters of trespasses and debts between man and man, should be tried by the verdict of twelve honest men,- to be empanelled by authority in forme of a jury, upon their oath." This was reenacted in 1636 and 1658. 2 "It was further decreed, the day and year abovewritten (29th March, 1626), for the preventing of such abuses as do and may arise amongst us, that no handy-craftsmen of what profession soever, as taylors, shoemakers, carpenters, joyners, smiths, sawyers, or whatso ever, wch do or may reside or belong to this plantation of Plimouth, shall use their science or trades at home or abroade, for any strangers or foreigners, till such time as the necessity of the colony be served, without the consent of the Governo' and Councill ; the breach thereof to be punished at their discretion." 3 See Laws of the Colony of New Plymouth, edited by Brigham, p. 29. 4 " It was enacted by public consent of the freemen of this society of New Plymouth, that if now (January, 1632) or hereafter any were elected to the office of governor, and would not stand to the election, nor hold and execute the office for his year, that then he may be amerced in twenty pounds sterling fine ; and in case refused to be paid upon the lawful demand of the ensuing governor, then to be levied out of the goods or the chattels of the said person so refusing. " It was further ordered and decreed, that if any were elected to the office of councell and refused to hold the place, that then he be amerced in ten pounds sterling fine ; and in case refused to be paid, to be forthwith levied. "It was further decreed and enacted, that incase one, and the same person should be elected gov' a second year, having held the place the foregoing year.it should be lawful for him to refuse, without any amercement ; and the company to proceed to a new election, except they can prevaill with him by entreaty. "_ — Brigham's Plymouth Laws, p. 30. LEGISLATION OF THE PURITANS. 117 edge, his ignorance of others may be conjectured without danger of doing injustice. Human ambition, as generally understood, is unfavorable to integ rity. What is not favorable to integrity is unfavorable to independence. It is quite true that many reasons may be assigned for declining office. It is to be admitted that all men, more or less, are ambitious, — some in one pursuit, some in another. That the colonists may have had the ambition to become the possessors of wealth, and that all offices were looked upon by them as taxes upon persons, and not designed as distinctions of honor. But such a construction of motive is not warranted by the facts of history. In times of feudalism, indifference to office may be accounted for by the jealousy existing between the nobles and the king. The power of the one is proposed to be increased by lessening the power of the other. In a badly- regulated monarchy, office may not be desired by a subject who is adverse to the government of the king. The honor is more than balanced by a required sacrifice of principle. Where government is absolute, and the sovereignty of the nation is controlled by a single mind, men of high character and proper self-respect may not be pleased with distinctions which are merely nominal, nor with positions that are of a doubtful dignity. In such examples, office may well excite aversion and disgust. With a Democracy the case is far dif ferent. There is an individual and state sovereignty to be protected. All have an equal interest ; and, had the usual motives of ambition prevailed with the Puritans, their laws would soon have become unequal, foreign con trol would have increased, and the sovereignty declared by the compact would have been broken by struggles for place. The absence of this troublesome element, in the early formation of democratic institutions, is conclusive evi dence of incorruptible integrity.1 In 1636 the colonists began to have distinct conceptions of human legisla tion. They recited the compact of 1620, and reviewed their position in ref erence to England.2 They declared their reasons for legislation, and cited 1 Much has been said, and with great truth and justice, by the Democratic press of the United States, in respect to the patriotism of Fkanklin Pierce, now a candidate for the presidency, in so promptly responding to the call of his country in the late war with Mexico. His course evinced a spirit that marked its own path, and made its own record. He became the citizen soldier, and, while he achieved all that distihguished the officer, he omitted nothing that could dignify the man. Such facts are honorable, and their moral force cannot be increased by embellishment. They speak their own language, and suggest their own commentary. Anfl yet, his military exploits are but insignificant events when compared to the character nega tively indicated by his retirement from public station. His independence in regard to the honors of office discloses a judgment, that contributes nothing to the flattery of self, and an integrity that promises nothing to others but in -conformity to the requisitions of truth, merit and duty. 2 Whereas at his Malic" court held the 4th and 5th pf Octob' in the 1 2th yeare of the raigne of our soveraign Lord Charles by the grace of God King of Engl. Scotl. Fr. and Irel. defender of the Faith &c, it was ordered that Mr. William Brewster, Mr. Raph Smith, Mr. John Done and John Jenny for the town of Plymouth ; Jonathan Brewster and Christopher Wadsworth 118 LEGISLATION OF THE PURITANS. their authority for enacting laws. They began to systematize their colonial government, to define private rights, public duties, and to provide penal secu rities. Property and trade became the subjects of regulation, alliances of offence and defence were made with the Indians,1 a militia was established, and peace and war were provided for by statute. Towns were invested with authority to make laws, and grand juries were organized as the moral super visors of the people. Benevolence extended to the poor the overflowing hand of charity, and misfortune found protection on the statute-book of the Puri tans. Justice was administered with as much impartiality to the Indian as to the colonists, and equity was a principle as clearly registered in their laws as it was beautifully illustrated in their uniform execution. Sympathy for the Indian has been a constant theme for the poet, the leg islator, and divine. His claims to the soil of the continent, the sacredness of his home in the forest, his struggles for -ascendency, and the rapid decline of his race, have justly excited the spirit of the benevolent writer ; and good for Duxburrough and James Cudworth and Anthony Annable for Scituate should be added to the Gov' and assistants as comittees for the whole body of this comonweale, should meet together the 15th of Novb' at Plymouth above menconed, and there to peruse all the laws, orders and constitucons of the plantacons within this government that so those that are still fitting might be established ; those that time hath made unnecessary might be rejected ; and others that were wanting might be prepared, that so the next court they might be estab lished. Now being assembled according to the said order and having read the combinacon made at Cape Cod the llth of Novb' 1620 in the yeare of the raigne of our late Sov. L. Ring James of Engl. Fr. and Irel. the eighteenth and of Scotland the fifty-fourth as also our letters pa tents confirmed by the honourable councell, his said Ma"' established and granted the 13 of January 1629 in the fifte year of the raigne of our Sov. Lord King Charles and finding that as free borne subjects of the state of Engl, we hither came endewed wch all and singular the priviledges belong to such in the first place, we thinke good that it be established for an act. That according to the and due priviledge of the subject aforesaid no imposicon law of ordnance be made or imposed upon or by ourselves or others at present or to come but such as shall be made or imposed by consent according to the free liberties of the state and kingdoine of Engl, and no otherwise, &c. Dated at New Plymouth, Nov. 15, 1636. 1 The following treaty was made with Massasoit, March, 1621 : I. That neither he nor any of his should injure or do hurt to any of their people. II. That if any of his did any hurt to any of theirs, he should send the offender that they might punish him. III. That if anything were taken away from any of theirs, he should cause it to be restored ; and they should do the like to his. IV. That if any did unjustly war against him, they would aid him ; and if any did war against them, he should aid them. V. That he should send to his neighbor confederates, to inform them of this, that they might not wrong them, but might be likewise comprised in these conditions of peace. VI. That when his men came to them upon any occasion, they should leave their arms (which were their bows and arrows) behind them. VII. Lastly : That so doing, their sovereign lord, King James, would esteem him as his friend and ally. — Morton's Memorial, p. 54, Davis' edition. LEGISLATION OF THE PURITANS. 119 men of every land have looked, with melancholy interest upon the hand of fate, which has seemed to guide him to a premature grave and to a myste rious oblivion. But, while we honor the sentiment of benevolence, the higher reason must not be disregarded. The natural world is filled with causes which man is fitted to develop and to know. The secret springs of vegetation; the healthful condition of vegetable life ; the uses of things that grow and of inanimate substances ; the objects of beauty and enjoyments of sense ; the numberless purposes of animal life ; the laws of matter and the elements of mechanical power ; — in fine, whatever exists upon, within, around, above and beyond the globe, and the globe itself, — are subjects enjoined upon man for him to master, to control without abuse, and to advance in the great scale of perfection. With views such as these, who can believe that the red man was the true inheritor of the American continent 1 — that such a magnificent country, with its vast capabilities, should be destined to the mere objects of animal life ? — that it was to be the destiny of the savage to grovel forever with the beasts ; to study destruction instead of life and growth ; to roam over the land without a knowledge of its beauties, or of its latent treasures ? Was this earth clothed in matchless beauty and endowed with rich treasures, adapted to humanity, forever to revolve in its orbit without development ? Was it created without design, without destiny 1 To argue such questions, would be subjecting Providence to the trial of reason, judgment to the rule of doubt, and it would imply a total want of that awe and reverence which should ever characterize the spirit of inquiry, when the works of Infinite Wisdom are the subject of contemplation. The Indian was the steward of one talent. He buried it," and made no interest. "From him that hath not,, shall be taken away even that which he hath." The white man is endowed with more talents, and they involve corresponding responsibili ties.1 1 It is an error to suppose that the colonists were unmindful of the interest of the Indian. Such an idea has prevailed to some extent, but it is not sustained by the facts of history. In 1633 the Legislature of Massachusetts passed an act for settling the Indians' title to lands in this jurisdiction. It prohibited the purchase of lands from the Indians, without license from the General Court. It declared and ordered, that what lands any of the Indian* in this jurisdiction have possessed and improved, by subduing the same, they have a just right to ; and, for the further encouragement of the hopeful work amongst them for the civ ilizing and helping them forward to Christianity, if any of the Indians shall be brought to civility, and shall come among the English to inhabit in any of their plantations, and shall live civilly and orderly, that such Indians shall have allotments among the English, accord ing to the customs of the English in the like case. It further ordered, that if, upon good experience, there shall be a competent number of Indians brought on to civility, so as to be capable of a township, upon their request, they shall have grants of lands undisposed of, for a plantation, as the English have ; and still further orclered, that if any plantation or person of the English shall offer injuriously to put any of the Indians from their hunting-grounds 120 LEGISLATION OF THE PURITANS. Principle has its alliances with every form of wisdom ; wisdom has its aids in every source of knowledge. Convictions of truth constitute knowl edge; knowledge constitutes power. Men act from what they believe, and from what they know; and the certainty of action is coeval with the certainty of knowledge. These propositions were as true two hundred years ago as they are to-day. The Puritans of the seventeenth century were as wise, according to their knowledge, as the Americans are in the nineteenth ; and their early legisla tion bears the marks of rapid progress. In 1658, they reached another period for revising their laws. Their orig inal motives are still recited, but they show them enlarged. The principle of Democracy is set forth with increased confidence. They appear to be con scious of having arrived at a position which really had not 'been anticipated, and they deemed an explanatory address important to the occasion. This document is well worthy of repeated perusal.1 or fishing-places, upon their complaint and proof, they shall have relief in any of the courts amongst the English, as the English have. — Holmes' Annals, vol. ±., p. 217. The upright and respected Gov. Winslow, in a letter dated at Marshfield, May 1, 1676, observes : "I. think I can clearly say, that before these present troubles broke out, the Eng lish did not possess one foot of land in this colony, but what was fairly obtained by honest purchase of the Indian proprietors. We first made a law that none should purchase or receive of gift any land of the Indians, without the knowledge and allowance of our court ; and lest yet they should be streightened, we ordered that Mount Hope, Pocasset, and several other necks of the best land in the colony, because most suitable and convenient "for them, should never be bought out of their hands." -r- See Hubbard's Narrative, and Hazard, col. n., 531—534. John Adams was asked concerning the treatment of the Indians in New England, and he replied that he believed it to have been just. " In all my practice at the bar," said he, " I never knew a contested title to lands but what was traced up to the Indian title." — Holmes' Annals, vol. n., p. 151. 1 The document was in the shape of an Address : To our Beloved Brethren and Neigh bours the Inhabitants of the Jurisdiction of New-Plymouth ; The Governor, Assistants, and Deputies Assembled att the. General Court of that Jurisdiction, held att the Towne of Plymouth, the 29th of September 1658, wisheth Grace and peace in our Lord Jesus Christ. It was the great priviledge of Israeli of old, and soe was acknowledged by them, Nehemiah the 9th and 13. That God gave them right judgements and true Lawes ; for God being the God of Order, and not of Confusion hath comaunded in his word, and j?ut man into a capaci- tie in some measure to observe and bee guided by good and wholsome Lawes ; which are soe fare good and wholsome, as by how much they are derived from and agreeable to the ancient Platforme of Gods Lawe ; for although sundry particulares in the Judiciall law0 which was of old enjoyed to the Jews, did more espetially (att least in some Circumstances) befitt theire Pedagogye, yet are they for the mayne soe exemplary, being grounded on Principles of Morall Equitie, as that all men Christians espetially, ought aiwaies to have an eye therunto, in the framing of theire Politique Constitutions ; And although several of the Heathen Na tions whoe were ignorant of the time God and of his Lawe, ha"Ve bine famous in theire times, for the Enacting and Execution of such Lawse as have proved .profitable for the Government of theire Comon-wealthes in the times wherein they lived ; Notwithstanding theire excel- THE GENERAL FUNDAMENTALS. 121 The next revision of laws took place in 1671. Here again Democracy is reasserted with a formality belonging to the proper dignity of principles, under the imposing title of "The General Fundamentals."1 The peculiar feature of this document, as compared to the previous ones, is, that in addition to the recital of principles, illustrations are given of their ency appeered soe fare as they were founded upon grounds of Morall Equitie, which hath its Originali from the Law of God. And accordingly wee whoe have bine Actors in the framing of this smale body of the Lawes, together with other useful Instruments whoe are gone to theire rest, can safely say both for our selves and them, that wee have had an eye primarily and principally unto the aforsaid Platforme ; and 2c°ndaryly, unto the right improvement of the liberties granted unto us, by our Superiors the State of England att the first begining of this infant Plantation ; which was to Enact such Lawes as should most befitt a State in the Non-age thereof ; not rejecting or omitting to observe such of the Lawes of our Native Coun trey, as would conduce unto the good and growth of so weake a begining as ours in this wilderness, as any impartiall eye not fore-staled with prejudice, may ezely discern in the peruresall of this smale Book of the lawes of our Collonie ; the premises duely considered, might work every consienciouse sperit to faithfull Obedience : And although wee hold and doe afeirme that both Courts of Justice and Magistrates, whoe are the minnesters of the Lawe are essentially Civill ; notwithstanding wee conceive, that as the Magistrate hath his power from God, soe undoubtedly hee is to improve it for the honer of God, and that in the uphoalding of his worship and service, and against the contrary, with due respect also to bee had unto those that are really consienyous, though differing and decenting in som smaller matters ; But if any really or in pretence of conscience shall professe that which eminently tendeth to the Inundation of Civell State, and violation of naturall Bonds, or the overthrow of the Churches of God or of his Worship, that heer prudence is to bee improved in the Enacting and Execution of lawes. It hath bine our Indeaver in the framing of our lawes, that nothing should bee found amongst them, but what will fall under the same particulares, wee have likewise reduced them to such order, as they may most conduoe to our.utilitie, and profit ; possibly it may bee that weakness may appeer in the composure of sundry of them for want of such plenty of able Instruments as others are furnished withall : However lett this suffice the gentle Reader that our ends are, to the utmost of our power in these our Indeavours, to promote the comon good both of church and State, both att pesent and for future ; and therfore so fare as we have aimed att the Glory of God ; and common good, and acted according to God ; Bee not found a Resister but Obedient, lest therby thou resist the Ordinance of God, and soe incurr the displeasure of God unto Damnation. Rom. 13. 2. By order of the General Court. NATHANIEL MORTON Clarke. 1 The Generall Fundamentals. I. Wee the Associates of New-Plimouth, comeing hither as Freeborn Subjects of the State of England, endowed with all and singular ; the Priviledges belonging to such being Assembled ; Do enact, Ordain and Constitute ; That ¦ no Act, Impo sition, Law or Ordinance, be made or imposed upon us, at present or to come ; but such as shall be made or imposed by consent of the Body of Freemen or Associates, or their Repre sentatives legally Assembled : which is according to the free Liberties of the State of England. n. And for the well-governing this Corporation ; It is also Resolved and Ordered, That there be a Free Election Annually, of Governour, and Assistants by the Vote of the Freemen of this Corporation ; and that none shall presume to impose themselves or any other upon us, but such as are so chose, according to the priviledge granted us by Charter. 16 122 THE GENERAL FUNDAMENTALS. proper application. In 1685 another revision was found necessary, and some further principles, considered as fundamental, were declared. The acts and laws of the Province of Massachusetts Bay, from 1692 to HI. That Justice and Right be equally and impartially Administred unto all, not sold, denied or causelessly deferred unto any. IV. It is also Enacted, that no person in this Government shall be endamaged in respect of Life, Limb, Liberty, Good name or Estate, under colour of Law, or countenance of Author ity, but by virtue or equity of somei express Law of the General Court of this Colony, the known Law of God, or the good and equitable Laws of our Nation suitable for us, being brought to Answer by due process thereof. V. That all Trials, whether Capital, Criminal, or between Man and Man, be tried by Jury of twelve good and lawful Men, according to the commendable custome of England ; except the party or parties concerned, do refer it to the Bench, or some express Law doth refer it to their Judgement and Tryal, or the Tryal of some other Court where Jury is not ; in which case the party agrieved may appeal, and shall have Tryal by a Jury. And it shall be in the liberty of both Plaintiffe and Defendant or any Delinquent, that is to be tryed by a Jury, to chalenge any of the Jurors, and if the chalenge be found just and reasonable by the Bench, it shall be allowed him; and others without just exception shall be impannelled in their room : And if it be in case of Life and Death, the Prisoner shall have liberty to except against six or eight of the Jury; without giving any reason for his excep tion. VI. That no Man be Sentenced to Death without Testimonies of two witnesses at least, or that which is equivalent thereunto, and that two or three Witnesses being of competent Age, Understanding and of good Reputation, Testifying to the case in question, shall be accounted and accepted as full Testimony in any case, though they did not together see or hear, and so Witness to the same individual Act, in reference to circumstances of time and place ; Pro vided the Bench and Jury be satisfied with such Testimony. VII. And It is provided, as the supposed Priviledge of our Charter, that all persons of the age of twenty one years, of right Understanding and Memory, whether Excommunicated, Condemned or other, having any Estate properly theirs to dispose, shall ha,ve full power and liberty to make their reasonable Wills and Testaments, and other lawful Alienations of their Lands and Estates ; Be it only here excepted, that such as are Sentenced for Treason against the Kings Majesty, the State of England, or the Commonweal ; shall forfeit to the King pr Colony their personal Estate, their Lands being still at their disposal. VIII. That whereas the great and known end of the first comers, in the year of our Lord, 1620, leaving their dear Native Country, and all that was dear to them there ; transporting themselves over the vast Ocean into this remote waste Wilderness, and therein willingly con flicting with Dangers', Losses, Hardships and Distresses sore and not a few ; WAS, that with out offence, they under the protection of their Native Prince, together with the enlargements of his Majesties Dominions, might with the liberty of a good conscience, enjoy the pure Scrip tural Worship of God, without the mixture of Humane Inventions and Impositions : And that there children after them might walk in the Holy wayes of the Lord ; And for which end they obtained leave from King James of happy Memory and his Honorable Council, with fur ther Graunts from his Gracious Majesty Charles the first and his Honourable Council, by Let ters Patents, for sundry Tracts of Land, with many Priviledges therein contained for their better incouragement to proceed on in so Pious a Work, which may especially tend to the propagation of Religion, &c. as by Letters Patents more at large appeareth, and with further assurance also of the continuance of our Liberties and Priviledges, both Civil and Religious, under the Royal Hand and Seal of our Sovereign Lord King Charles the Second : And whereas by the good Hand of our God upon us, many others since the first comers are for the same pious end come unto us, and sundry others rise up amongst us, desirous with all good con- CHARTERS OF MASSACHUSETTS. 123 1776, do not present any new development of legislative principle worthy of particular remark. As the other New England States were at first peopled from Massachusetts, her laws were the root of theirs.1 The usurpation of Andros, the' loss of the charter, and the modified government2 which followed, were circumstances of party. These will be noticed in another connection. science to walk in the faith and order of the Gospel ; whereby there are many churches gathered amongst us walking according thereunto. And whereas (by the Grace of God) we have now had near about fifty Years Experience, of the good consistency of these churches, with Civil Peace and Order, and also with spirit ual Edification, together with,the welfare and tranquility of this Government ; It is therefore for the honor of God and the. propagation of Religion, and the continued wel fare of this Colony Ordered by this Court and the Authority thereof, That the said Churches already gathered, or that shall hereafter be orderly gathered, may and shall from time to time by this Government be protected and encouraged, in their peaceable and orderly walk ing, and the Faithful, Able, Orthodox, Teaching Ministry thereof, duely encouraged and pro vided for ; together with such other Orthodox able Dispensers of tiie Gospel, which shall or may be placed in any Township in this Government, where there -is or may be defect of Churoh Order. IX. And finally, it is Ordered and Declared by this Court and the Authority thereof, That all these foregoing Orders and Constitutions, and so Fundamentally essential to the just Rights, Liberties, Common good and special end of this Colony, as that they shall and ought to be inviolable preserved. 1 Dane's Digest of American Law. 2 The revolution in England forms an epoch in American history. The effects of it were the most sensibly felt in the colony of Massachusetts. When the colonists resumed their charter in 1689, they earnestly solicited its reestablishment, with the addition of some neces sary powers ; but the king could not be prevailed on to consent to that measure, and a new charter was obtained. Sir William Phips arrived at Boston in May, with this charter, and a commission, constituting him governor. He was soon after conducted from his house to the town-house by the regiment of Boston, the militia companies of Charlestown, the magistrates, ministers, and principal gentlemen of Boston and the adjacent towns. The charter was first published, and then the governor's commission. The venerable old charter . governor Brad street next resigned the chair. After the lieutenant-governor's commission was published, the oaths were administered; and the new government thus became organized. - The province, designated by the new charter, contained the whole of the old Massachusetts colony, to which were added tlie colony of Plymouth, the province of Maine, the province of Nova Scotia, and all the country between the province of Maine and Nova Scotia, as far northward as the river St. Lawrence ; also Elizabeth islands, and the islands of Nantucket and Martha's Vineyard. . Under the old charter,' all the magistrates and officers of state were chosen annually by the General Assembly; by the new charter, the appointment of the gov ernor, lieutenant-governor, secretary, and all the officers of the admiralty, was vested in the crown. Under the old charter, the governor had little more share in the administration than any one of the assistants. He had the power of calling the General Court; but he could not adjourn, prorogue, or dissolve it. To such acts the vote of the major part of the whole court was necessary. The governor gave commissions to civil and military officers; but all such officers were elected by the court. Under the new charter, there was to be an annual meet ing of the General Court on the last Wednesday in May ; but the governor might discretion- ally call an assembly at any other times, and adjourn, prorogue, and dissolve it, at pleasure. No act of government was to be valid without his consent. He had, with the consent of the council, the sole appointment of all military officers, and of all officers belonging to the courts of justioe. Other civil officers were elected by the two houses; but the governor had a nega- 124 SPEECH OF WILLIAM PENN. The modification, though retarding in some degree the progress of the col onists, had the effect to direct their attention, with an increased interest, to the study of their rights, and to add strength to previous resolutions in regard to their defence. The spirit of intolerance,1 which has been so fre quently charged against the legislation of the colonists, will be considered in another chapter, where party issues will be traced to their original sources. tive on the choice. No money could issue out of the treasury, but by his warrant, with the advice and consent of the Council. Under the old charter, the assistants or councillors were elected by the votes of all the freemen in the colony ; and were not only, with the governor, one of the two branches of the legislature, but the supreme executive court in all civil and criminal causes, excepting those cases where, by the laws, an appeal to the General Court was allowed. The new charter provided that, on the last Wednesday of May annually, twenty- eight councillors should be newly chosen by the General Court or assembly. The representa tives, under the old charter, were elected by freemen only. Under the new charter, every freeholder of forty shillings sterling a year was a voter, and every other inhabitant who had forty pounds sterling personal estate. The new charter contained nothing of an ecclesiastical constitution. With the' exception of Papists, liberty of conscience, which was not mentioned in the first charter, was by the second expressly granted to all. Writs having been imme diately issued on the governor's arrival, the General Court met on the Sth of June. An act was then passed, declaring that all the laws of the colony of Massachusetts Bay and the col ony of -New Plymouth, not being repugnant to the laws of England, nor inconsistent with the charter, should be in force, in the respective colonies, until the 10th of November, 1692, excepting where other provision should be made by act of assembly. — Holmes' Annals. 1 The spirit manifested by William Penn, in regard to legislation, is worthy of "especial notice. He seemed to lament the necessity of government, and, while he claimed a control as governor, he appeared unwilling to admit that the liberties of the people were in any degree abridged. In a speech, delivered April 1, 1700, at a meeting of the Provincial Coun cil of Pennsylvania, he said : " Friends, Tho' this be a Coionie of 19 years standing, & not inferiour to anie of its age, yet wee have much to do to establish its constituon & Courts of Justice; there are in it some Laws obsolete, others hurtfull, others imperfeet, y' will need improvm1, & it will be requisit to make some new ones ; wee cannot go to slow to make, nor too fast to execute them when made, & y' w' diligence & discretion, a few well made & duly executed, will better ans' ys ends of governm' yn a greater bulk unexecuted. You friends are ye people's choice & my Council ; you'll see what Laws are fitt to be Left outt & what to be made, & you wl mee, are to prepare & propose ym. I say this the father becaus bf a false notion some have gott y' becaus you are my Council yrfor you are not y" people's repsentatives. The ablest men have always been chosen to be of ye Council to prepare Laws, & ye Assembly to consent to ym ; wee are two bodies yet but One power, the one prepares, ye other consents. Friends, If in the Censtituon by Charter, there be anie thing y' jarrs, alter itt ; if you want a law for this or that, prepare itt; I advise you not to trifle wt govern'. I wish there wer no need of anie, but since Crimes prevail govrm' is made necessarie by man's degeneraon; Itt's not an end but a means; hee y' thinks itt an end aims att profitt to make a trade on't. Hee who thinks itt to be a means understands ye true end of goverm'. Friends, away w* all pties, & Look on yo'selves & what is good for all,' as a body politick, first as und' ye king & Crown of England, .& next as und' me, by Lres patent from y' Crown. Att y° Late election att Philadelphia, I was grieved, to hear some make itt a matter of religion, no its humane & moral relating to trade, traffique & publick good, consisting in virtue & justice; where these are maintained there is government indeed. Study peace, & be att unitie, ey ye good of all, & I desire to see mine no otherwise than in yB publick's prosperitie. The last Ass. wee made 2 Laws, the one ag' piracie, ye other ag' forbidden trade. I hear they COLONIAL GOVERNMENTS. 125 COLONIAL GOVERNMENTS. Although the colonies were subjected to the nominal sovereignty of Great Britain, yet most of the early influences, privileges, restraints and institutions, established around them, were of their own choice and making. While they were willing to avail themselves of whatever advantages the mother country could extend to them, they did not hesitate to reject what their judgment could not approve, when proposed for their adoption ; and their distance from all civilized nations was a circumstance favoring exemption from home rule, and stimulating that free exercise of all the faculties of the mind, in the discussion of their rights, which soon began to give them new traits of character, and which have been continued to their descendants. Diversity of privileges, of interests, and of experience, was secured to them in the different forms in which Great Britain extended her laws and protection to the different colonies. The form of each became the study of have not satt easie on y° backs of some, but I hope, wee having yrin been carefull of England, wee shall have thanks for making ym before wee had orders so to do, and after so manie cal umnies & complaints wee have been Loaded with, I hope these two Laws will in some degree wash us clean ; what concerns myself I also Leave wt you to Consider. I have been now 19 years yo' pror & Governo', & have att my chairge maintained my deputie, qrby I have much worsted my estate, & hope itt wiR be no wonder to any to hear mee make this Lection of itt. Some say I come to gett monie & be gone, phapps they that say so, wish itt so. I hope I or mine shall be wt you, while I or they Live — The disasters of my absence have been mine as well as yours, & as I'm used shall make suteable returns. I have latelie two packetts from Whitehall, an original & a duplicate ; also one to my Cosen Markham, & two from Secrie Vernon, & am Commanded by ye Lords Justices to make Laws ag' piracie and illegal trade. I am glad wee have prevented their Commands in doing it before they came." Thereafter, a motion being made by a member of Council, that they might have a new Charter : Then ye pror & Gor ask't whether they thought the Charter was Living, dead or asleep ; is it vacated by ye act of Settlement, or in what state is itt. A member made ans', that they never Look't on't to be void or dead, becaus att Go' Fletcher's coming, wee made a salvo of it in ye assemblie books, & another salvo of it in ye frame of govrmt, as to its fun damentals, but ye Circuinstantialls of itt as to time, place and number, and rotation, wee could not reassume. Our bussines now is to do good, y" Go' being here to confirm itt, & he having in his Charter, power to call us as hee pleases, ye manner is but circumstance, the meetting is essential; Letts take what's fitt & good both in ye charter & frame, & Lett's make a Constituton y' may be firm & Lasting to us & ours ; This makes no breach on the old Laws, but will confirm what's reasonable, both in ym, ye charter & frame. Then ye Gor said : The act of settlem' served till I came; now I'm come, It Cannot bind me ag' my owne act, the charter it being my grant, & the people my wittness by y' accept- aon of it, and tho' some violence cannot be resisted, yet when the violence is taken off, y* Charter returns, & how can it return but by writt. Therafter y pror & Gor resolved ye whole members of Council into a grand Comittee, to meet hora tertia, p. m., to ready" Charter & frame of governm1, & to keep what's good in either, to lay aside what's inconvenient & burdensome, & to add to both what may best suit y° Comon good, & if you be under any doubt He solve itt, .& psent to mee what you do yria to-morrow morning for my perusall. Adjourned to 2d April, 1700. — Minutes of the Provincial Council, vol. I., p. 568. 126 COLONIAL GOVERNMENTS. all the others, and the results of each were separate, exhibiting the true causes of success or of failure. The governments originally formed in the different colonies x were of three kinds, namely, the provincial, the proprietary, and the charter.2 1. The provincial governments had no fixed constitution, but derived all their authority from commissions issued ,from time to time by the crown. They were subject to the pleasure of the king. A governor and council were appointed, and these were invested with general executive powers, and were authorized to convene a general assembly of the representatives of the freeholders and planters of the province. The assembly was the lower and the council the upper house. The governor was invested with a veto power upon all their proceedings, and had the power to prorogue and dissolve them, The legislature had power to make all local laws and ordinances, not repug nant to the laws of England. Under this form of government, New Hamp shire, New York, New Jersey, Virginia, South Carolina, North Carolina and Georgia, were governed as provinces, at the commencement of the American Revolution ; and some of them had been so governed from an early period of their settlement. 2. The proprietary governments were grants by letters-patent, from the crown, to one or more persons, as proprietary or proprietaries, conveying to them not only the right of the soil, but also the general powers of govern ment within the territory so granted, in the nature of feudatory principalities or dependent royalties ; possessing within their own domains nearly the same authority which the crown possessed in the provincial governments, subject, however, to the control of the king. The governor was appointed by the proprietary or proprietaries, and the legislature was organized and convened according to his or their pleasure. The executive functions and prerogatives were exercised by him or them, either personally or by the governor, for the time being. At the time of the Revolution, only three governments existed in this form, namely, Maryland, held by Lord . Baltimore, as proprietary, and Pennsylvania and Delaware, held by William Penn, as proprietary. 3. Charter governments were political corporations, created by letters- patent, which conferred on the grantees and their associates the soil within their territorial limits, and all the high powers of legislative government. 1 The colony of Virginia was the earliest in its origin, being settled in 1606. The colony of Plymouth (united with Massachusetts in 1692) was settled in 1620 ; the colony of Mas sachusetts, in 1628 ; the colony of New Hampshire, in 1629 ; the colony of Maryland, in 1632 ; the colony of Connecticut, in 1635 ; the colony of Rhode Island, in 1636 ; the colony of New York, in 1662 ; the colonies of North and South Carolina, in 1663 ; the colony of New Jersey, in 1664 ; the colony of Pennsylvania, in 1681 ; the colony of Delaware, in 1682 ; the colony of Georgia, in 1732. These dates refer to permanent settlements made under distinct and organized governments, and not to the earlier and disconnected settlements of the colonies. 2 See Republic U. S. The charters will be inserted in the Appendix. COLONIAL GOVERNMENTS. 127 The charters contained a fundamental constitution for the colony, distribut ing the powers of government into three great departments, — legislative, executive and judicial, — providing for the mode in which these powers should be vested and exercised. The charter governments existing at the time of the Revolution were Massachusetts, Rhode Island and Connecticut. It was a remark of the late Judge Story, that " notwithstanding these dif ferences in their original and actual political organization, the colonies, at the time of the American Revolution, in most respects, enjoyed the same gen eral rights and privileges." Although we may not dissent from this general remark, still it must be admitted that these differences are sufficiently marked to be noticed as distinct and separate causes ; and though their effects may have been blended in a common experience, we cannot but regard them as sources of different results, and, as such, leading in some degree to diversity of character. The provincial government was the absolute sovereignty of the crown, transferred at pleasure from an island to the continent, without any guarantee as to favor or permanency. The proprietary government gave an interest in the soil, but that inter est was secured to individuals, and the relations between the people and the proprietaries were those of dependence. The charter government was a division of powers between two great par ties according to fixed conditions, each party having certain defined and reserved rights, the subordinate government being independent only under a constitution. It will be perceived that in these forms of government there are three dis tinct degrees of liberty ; and yet the scale is graduated to a common head, — the British crown, — and to which all acknowledged their allegiance. "In all of these," says Judge Story, "express provision was made that all subjects and their children inhabiting in the colonies should be deemed natural-born subjects, and should enjoy all the privileges and immunities thereof. In all of them the common law of England, as far as it was appli cable to their situation, was made the basis of their jurisprudence." Not that the entire system was introduced into any one colony, but only such portions of it as each found adapted to its own wants, and were applicable to its own situation. Of this each colony judged for itself. It is further remarked by the same author, that "although the colonies had a common origin and common right, and owed a common allegiance, and the inhabitants of all of them were British subjects, they had no direct polit ical connection with each other. Each colony was independent of the others, and there was no confederacy or alliance between them. They were excluded from all political connection with foreign nations, and they followed the fate and fortunes of the parent country in peace and war. Still, the 128 COLONIAL GOVERNMENTS. colonists were not wholly alien to each other. On the contrary, they were fellow-subjects, and, for many purposes, one people. Every colonist had a right, if he pleased, in any other colony, to trade therewith, and to inherit and hold lands therein." Having thus taken a rapid survey of principles, the inquiries still remain to be pursued, — In what way, and by what means, were these principles applied by the colonists, and what were their natural or legitimate results 1 These subjects will be considered in another chapter. / "Engraved, expressly foi this -work PERIODS OF PARTY — RESULTS OF PARTY PRINCIPLES. It is much with parties as it is with men, — they have their distinctive principles, periods of thought, periods of development, periods of action, periods of failure, and periods of success. Whatever is true is successful or progressive; whatever is just is permanent or certain.' Every period of development is limited or extended according to the nature or magnitude of the truth to be made manifest, and is closed by results wliich are recognized by a common judgment, and incorporated into a common experience. As every period" is characterized by its peculiar events and opinions, it is found to be marked by corresponding and systematic endeavors. Its plans are matured, tested and completed; and, as representative men are to be seen in individuals, representative parties may be found in communities. Parties are permanent in their nature, but progressive in their action, — organizing and reorganizing in regard to the necessity of new wants, or the adoption of new truths. The church has its periods of reformation, correct ing abuses and reconstructing creeds ; but the principles of religion remain .the same. Science stands like a mountain of truth, to be levelled and applied to the condition of man by the schools of intellect, each having its periods and generations of partisan activity. Governments have their periods of activity, either to illustrate the evils of absolutism, or the benefits of freedom ; while the principles of Democracy remain unchanged. Industry has its questions of protection ; commerce its questions of extension ; terri tory its questions of control or division; and currency its complicated ques tions of adjustment ; — each interest, and each question of every, interest, requiring a particular period for experimental demonstration, and passing through the ordeal of party. The improvement of man does not imply a change of nature, nor does progress necessarily indicate a change of principle. The same principle admits of numberless applications ; the same idea is continued, and placed in new and instructive relations. As the generations of men mark the periods of a race, so the tests of experience mark the periods of mind. The events of life, whether of a private or of a public nature, are to be classified, and considered as illustrative of wisdom or of folly, according as they are shaped by a sound judgment, in view of a common good, or by a reckless habit, guided by no motive above that of a sordid interest or a 17 130 PERIODS OF PARTY. passive indifference. Where wisdom prevails, society is elevated or advanced ; where folly or ignorance rules, society becomes depressed or degraded. Reference is not made to individual examples, nor to limited periods of time, but to the prevalent habits of a people, by which they become characterized through successive an*d uninterrupted generations. Without a general suc cess, decay is certain ; without a greater regard for truth than error, advance is impossible. A community thrives and prospers by its industry and frugality, or it becomes~weakened or ruined by its idleness and shameless neglect of duty. A nation increases its power by the adoption of just prin ciples of government, and becomes respected ; or it falls by following the counsels of imbecile rulers, and becomes the subject of misrule and the object of contempt. It is thus with political parties. Although they are formed to-day, as it were, of men of similar views, sympathies, tendencies of disposition and of mind, they have their perpetual succession. * They are not to be considered as transitory combinations in respect to particular questions of polity or interest, — of a certain people in a particular age,--- but as permanent repre sentatives of fundamental principles.2 Party is not without its pedigree;3 and the occasional departures from great immutable principles afford the most conclusive evidence of the fact. These distinctions are given in a former chapter. As political parties are formed with distinct and direct regard to measures of national tendency and results, they should be tried by a standard pf cor responding extent, embracing principles which comprehend the causes and indicate the conditions of things. Party measures, designed for national ' advancement, sometimes require long periods of time for development.. Prejudices are to be overcome, interests adjusted, opinions revised, and new habits of thought and practice tested and established. All this is the slow- work of time ; and to be persuaded that such a process is constantly going on among the people, it is only necessary to review the events and opinions of the past, and compare them with those of the present. The inquirer will not only see great changes of opinion, but will discover that principles always remain the same. He will find that party, like the atmosphere which sur- 1 It is a remark of Bancroft, that " The contest of parties'is the struggle, not between per sons, but between ideas ; and the abiding sympathy of nations is never won but by an appeal to the controlling principles of the age." — Vol. m., p. 322. 3 In a speech, delivered in the House of Lords- (1770), on the seizure of Falkland's Island, Lord Chatham uses the following language in regard to distinctions : "I know I shall be accused of attempting to revive distinctions. My Lords, if it were possible, I would abolish all distinctions. I would not wish the favors of the crown to flow invariably in one channel. But there are some distinctions which are inherent in the nature of things. There is a distinction between right and wrong, between Whig and Tory." — Cor. Earl of Chat ham, vol. iv., p. 17. ¦ 3 See Appendix A. POLITICAL PARTIES OF THE COLONIES. 131 rounds the globe, and visits its surface with every degree of power, from the gentle zephyr to the furious tempest, has its fixed laws and boundaries. The same law that vibrates the strings of the iEolian lyre prostrates the forest ; the same vital element that affords life to the invisible mite is alike indis pensable to the man. In reviewing THE POLITICAL PARTIES OF THE COLONIES, it will be necessary to consider their peculiar relations. The difficulties of such a study cannot be appreciated by any one who has not attempted to analyze historically the colonial events and measures of America. Though these remarks must be general, it is hoped that they may be sufficiently definite to enable every reader to classify and apply the facts afforded by history. When facts are but slightly and imperfectly recorded by the historian, it is more profitable to select such for illustration and instruction, with a distinct standard of principle in view, than to vex and fatigue the mind with disconnected details, which mean nothing and teach nothing. *¦ The principles of the colonists, and the events of their emigration, have been briefly considered ; and the inquiry now arises, — In what way their principles were practically applied, and by what means their institutions were gradually established, and permanently sustained 1 In arriving at the con clusion that they were led to people the New World by the spirit of Democ racy, the reader will naturally be prepared to find that they were animated and encouraged by the same spirit in the wilderness. In this he will not be disappointed. Although the Puritans could not divest themselves of human-* ity, nor free themselves from that diversity of disposition which is incident to all society, however limited, yet they were placed in position as a dominant party, and were enabled to control the results of an independent judgment, and to direct them in channels of their own choice, and shaped to ends of 1 The intelligent author of "Rule and Misrule of the English in America" has alluded to the " want of continuity " in American Colonial History. He says : " The early settlements made by the English in America were effected either by individual speculators or associated companies. They were in general situated at a distance from each other, having at first little or no connection, either political, social or commercial, among themselves, and deriving but trifling assistance, and less protection, from the mother country. They grew up into power ful colonies, in neglect and obscurity, with u. rapidity and vigor that astonished Europe. They were without precedent in the previous annals of England, and the political agitation of the public mind in the present state unhappily afforded no opportunity for establishing their relation on a proper foundation, or arranging a consistent and uniform plan for their government. Theaecounts we have of them, therefore, are detached, and their interest is destroyed for want of continuity. Every plantation has had its annalist ; but the narratives are too local, too minute, and too similar in their details, to be either interesting or instruct ive." 132 PARTY RELATIONS OF THE C0L0NI3T3. their own conception. As their numbers were insignificant at the beginning, they were viewed indifferently as subjects, though with sufficient concern to require from them one-fifth part of all- the gold that they should find ; and, as a security rather that the crown might share with them a portion of their profits, though in no way to be held for their losses, they were required to be true to their sovereign, and to the acts of Parliament.1 They were regarded as troublesome levellers. — a faction of heretics. — and were in no respect, for a single moment, counted as a party, or the nucleus of a party. They were going where they could neither make allies for power, nor con verts for influence. As for themselves, in view of the established church, no subjects could stand worse ; and government indulged in no serious hopes that they would ever become better.2 Their professions of principle were looked upon as dangerous and delusive assumptions, and their untiring zeal as the infection of Satan. Hence, the further removed, the safer for the faithful. Nevertheless, this insignificant bapd represented the Democratic Party of Great Britaiu ; — not its interests, but its principles ; not its sub serviency, but its independence. The colonists were party-men in England ; they did not cease to be party-men in America. 3 As they brought with them no important interests to defend, they employed their mental energies in fortifying their principles. As they looked to no Parliament for protec tion, they feared no Parliament for restraint. They were alone, and, at the beginning, united ; and yet in no degree did they abandon their habits of party vigilance, or lessen their spirit of party jealousy. Separated and essentially freed from the iron control of a powerful government sustained by a powerful party, they erected a new standard of advancement, by imme- cliately reducing their principles to practice, and by establishing and occu pying new outposts, to guard their rights against future dangers. Relieved from the crushing weight of arbitrary power, they were able to stand upright before their Maker in their native strength, and to study with a manly spirit the grandeur of their new position, and to realize those expanding views which truth inspires and freedom permits. Placed in new relations, new objects were presented for contemplation; laboring in unincumbered posi tions, enlarged obligations imposed new duties. Withdrawn from the over shadowing influence of a ponderous monarchy, and sheltered from the glare of royalty, they were, for the first time, enabled to look upon the simple framework of Democracy, and to study with uninterrupted composure its 1 See charters, in Appendix. 2 " I had rather live like a hermit in the forest," said King James, " than be a king over such a people as the pack of Puritans are that overrules the lower House. ' ' 3 It is not deemed necessary, in these general remarks, to make a distinction between those who settled at Plymouth and those who settled at Massachusetts Bay. Although different in station and means, most of them were of the same political views. EXCLUSIVE POLICY OF THE COLONISTS. 133 foundations", its columns of support, its braces, its symmetry, its beauties and its wants. Exempted from the pressure of the Courts of High Commission, and from the sleepless eye of a Bishop's Bench, they could now study the prophets with boldness, and the apostles with unrestrained devotion. Their church, now placed upon a hill, and viewed away from the dim cathedral- light of power and ceremony, appeared more beautiful than ever in the broad sun-light of heaven; — presenting new aspects of truth, and familiar truths in new relations of sublimity. Endowed with different capacities, and blessed by attainments varying, in degree and kind ; representing different races, nations, habits and motives ; placed in new points of observation, and left to the free exercise of their reflective faculties, — it is not surprising that some of the colonists should think more and feel less, while others would feel less and think more, and thus begin a new line of division, and manifest still the spirit of party in adjusting new issues, or in the new application of acknowl edged principles. Such a result was natural ; and, when viewed in reference to all the circumstances of their condition, their wants and their hopes, it will be found to have been their greatest source of safety, their surest means of progress. As their relation to Great Britain was still one of a party nature, and they were liable to the inroads of further emigration, their party discipline, within their narrow circle, became, of necessity, not only of the strictest kind, but in its nature exclusive. In them intolerance became a virtue, — an imperative condition of existence. That is, they could permit no habits, no opinions, no discussions, but such as were safe for them in their critical and unfortified position. To have conceded less would have been difficult ; to have conceded more, dangerous. l They commenced by 1 "The character and education of the leading men, both of Plymouth and Massachusetts, was such as to fit them for the enterprise which they Undertook, — to form a religious and political society, founded in the equal rights of men, and in obedience to God as their supreme law-giver and governor. Their distinguishing trait of character was a sacred regard for divine revelation, united with the conviction that civil government was essential to social order and justice. But republican or democratic principles were recognized in their full extent. The whole body of the freemen were to choose magistrates, and make the laws in person, or by their deputies ; and every attempt to evade this principle was early opposed and suppressed. Their zeal for religion, and for the support of Christianity, was generally wisely tempered by their knowledge of human nature, and of the importance of civil authority. The condition of their native country had served to prepare them to be political as well as religious guides. Brewster, Bradford, Winslow and Prence, of Plymouth, and Winthrop, Bellingham, Ludlow, Dudley, Nowell, Pelham, Pynchon and Bradstreet, were qualified, from their knowledge and experience, to direct the affairs of civil government. If they differed, in some of their enactments and policy, from the old governments of Europe, it was not through ignorance or fanaticism, but from a reference to their peculiar situation, and from a supreme regard to the divine, authority. All the freemen were on a level, and, therefore, had equal rights ; and a less strict discipline than was adopted towards strangers and intruders would have subjected the infant colony to confusion and misrule, if not to an entire overthrow." Bradford's Mass.; p. 31. 134 CONSERVATIVE PRINCIPLE, CONSERVATIVE PARTY. making sure a democratic platform, and within its limits they were ready for labor and for action. Here they desired to stop, that they might build up to the standard which they had already erected. They had no time for change, or for mental contest among themselves. They were sufficiently agreed to be united in their chief purposes, and content to be controlled by a compact that secured to them equal rights and equal privileges. Democracy was to be preserved, rooted, cultivated, and strengthened, so that it might be applied to more extended interests, and be employed to open new sources of light and influence.1 It may be well in this connection to note the distinction to be observed between the conservative principle and the- conservative party. The con servative principle is one of the conditions of growth — growth of every kind. It is the union or concentration of parts which belong together, and which make a perfect whole. The great error of the conservative party consists in the misapplication of the conservative principle. To limit, when extension is demanded ; to be silent, when silence is treason ; and to withdraw or turn back, when progressive action is needed.2. In Democracy, this principle leads to the maturity of measures, which in themselves are of a progressive nature, each measure requiring a particular period for development or com pletion. It protects individual rights against conventional" control ; it pro tects the town against the encroachments of the state ; it protects the state against ihe nation, — and -the nation against the world. It protects experi mental measures against premature judgment, and private interests from the abyss of public indifference. As the spirit of progress is the natural barrier to consolidation, it is the abuse of this principle which leads to it. While it 1 The horror of toleration in th* early part of the seventeenth century was hardly to be limited. Bossuet, in France, the illustrious champion of the Church of Rome, the Scotch Commissioners in London, the English Presbyterian clergy in their official papers, — all were violently opposed to the introduction of a " sinful and ungodly toleration in matters of relig ion." " My judgment," said the moderate Baxter, " I have always freely made known. I abhor unlimited liberty, or toleration of all." The distinguished Edwards, who lived at a later period, said, " Toleration will make the kingdom a chaos, a Babel, another Amsterdam, a Sodom, an Egypt, a Babylon. Toleration is the grand work of the devil, his master-piece and chief engine to uphold his tottering kingdom. It is the most compendious, ready, sure way to destroy all religion, lay all waste, and bring in all evil. It is a most transcendent, cathohc and fundamental evil. As. original sin is the fundamental sin, having the seed and spawn of all sins in it, so toleration hath all errors in it, and all evils." — See Verplanck's Discourses, pp. 23, 24. Surrounded by such an atmosphere in the world of mind, a commu nity more tolerant than the colonists would have been crushed by the external pressure of the spirit of control. 2 The errors of the two great parties are thus defined by Lord Bolingbroke, who, in speaking of the Whigs (Democrats) and Tories of England, says : "Both (parties) saw their errors. The Tories stopped short in the pursuit of a bad principle. The Whigs reformed the abuse of a good one." Without any reference to the particular application of this remark, it affords some idea of the difference between the errors of the Democratic party and the errors of the Conservative party, so far as they may be classified. VIRGINIA AND MASSACHUSETTS MOTHERS OF STATES. 135 tends to unite the parts in their natural harmony, in particular things, it is the spirit of progress which recognizes a system of which all these things are but parts. Applied with judgment, it becomes a maturing process ; when adopted as a leading principle, it reduces the parts, and fails to produce a perfect whole. The beginning and the slow growth of the American colonies discover every variety of circumstance and character necessary to a causative diver sity, and in these may be found all those elements of humanity which lead to party formations, and tend to develop the true sources of national success. It required but little of the learning of Lord Bacon to enjoin patience on " all who would plant colonies ;" but, to understand the laws and conditions of their fluctuating growth, would seem to demand the aid of his genius. Virginia and Massachusetts have been aptly designated as the mothers of States. This significant appellation is not without truth ; and it becomes a subject of interesting inquiry, in what respect and in what degree it is an instructive one. With various motives, and under various impelling influ ences, the people of Virginia extended their settlements on the Ohio and the Tennessee.1 The intolerance of Massachusetts helped the growth of the Plymouth Colony; banished Williams to become the founder of Rhode Island;2 diverted Davenport, Eaton and Hopkins, to Quinnipiac,3 where- ¦Bancroft, vol. iv., p. 168. 2 Roger Williams arrived in America on the 5th of February, 1630-31. He was settled as a minister of the gospel at Salem and at Plymouth. He was soon accused of heresies, and was repeatedly summoned to appear before the General Court, at Boston. In July, 1635, at a meeting of the General Court, he was charged as having uttered the following " dangerous opinions," namely, " That the magistrate ought not to punish the breach of the first table, otherwise than in such cases as did disturb the civil peace ; 2, That he ought not to tender an oath to an unregenerate man ; 3, That a man ought not to pray with such, though wife, child, &c. ; 4, That a man ought not to give thanks after the sacrament, nor after meat, &c." These dangerous opinions excited much feeling, and elicited much discussion ; and the result was a vote of banishment, at a meeting of the Court held in October of the same year. The sentence was in these terms : " Whereas Mr. Roger Williams, one of the elders of the church of Salem, hath broached and divulged divers new and dangerous opinions against the authority of magistrates, and also writ letters of defamation, both of the magistrates and churches here, and that before any conviction, and yet maintaineth the same without any retraction; it is therefore ordered that the said Mr. Williams shall depart out of this jurisdic tion within six weeks now next ensuing, which if he neglect to perform, it shall be lawful for the governor and two of the magistrates to send him to some place out of this jurisdic tion, not to return any more without license from the Court." He became the founder of Rhode Island. — See "Winthrop, vol. i., pp. 151 — 171. 3A new company for emigration was formed in England in the year 1636, chiefly through the efforts of Theophilus Eaton, John Davenport, and Edward Hopkins. They appear to have determined, before leaving England, o'n no particular place for settlement ; but sailed for Massachusetts, and arrived June 26, 1637, reserving the selection of a place of abode till after their arrival. Inducements were held out to the company to fix their residence in Bos ton; and, likewise, to unite with the original colony at Plymouth ; but they most probably 1S6 EFFECTS OF PARTY SPIRIT. Connecticut was commenced ; and sent Wheelwright, who was excluded for his dangerous heresies of non-conformity, to begin a settlement at the falls of Squamscot, — the germ of -New Hampshire.1 Thus it will be found that party spirit, in its extreme acts of exclusion, is not without its benefits ; and while one principle is fortified and sustained by unity, another may be equally promoted by discord and diversity. If the settlement of a vast continent were surrendered entirely to the influence of the social principle, and made to depend upon the harmony of views, it is obviously certain that it could never be accomplished. All dis senters would be compelled to leave ; and, those who were united in so partial a manner would seek the narrowest limits, and study the narrowest policy. Sources of enterprise and wealth would remain undiscovered, and many of the means of advancement in the refinements of society would, remain unknown. But, in adopting this conclusion, the reader is not to infer that it warrants any purpose of intentional non-conformity. For such a construc tion breaks down all proper, distinction between the will of man and the events of Providence. Such a truth indicates the proper course of study, ^- the investigation of things according to their nature,- — the understanding of man, with a distinct knowledge of his faculties, and of the laws by which they are governed. The adoption of any other one principle, to be followed out, according to its distinctive nature, would be attended with like delusive results. Although single ideas require special means for development, it cannot be expected, by any considerate man, that they are to be successfully advanced except in harmony with the general condition and wants of society. In tracing the events of freedom, as recorded in the various histories of the American colonies, and in attempting to point out some of the party means by which that freedom has been preserved, enlarged and continued, it is not with any motive to commit the error complained of - by Sir James Mackintosh, — to establish the " pedigree of freedom," 2 — but rather to show, entertained, from the first, a wish to begin, if possible, a new settlement. It is certain that they were not altogether pleased with the state of things in either of the colonies already planted. After visiting various places, jthey decided in favor of Quinnipiac, now New Haven, — for which place they sailed from Boston on the 30th of March, 1638, and in about a fort night arrived in safety. — See Prof. Kingsley's Historical Discourse, 1838. 'In 1638, the Antinomian controversy, at Boston, had occasioned a violent strife and schism. It terminated in banishing from that colony the principal persons who bore that name of reproach. Conspicuous among the exiles were the learned and truly pious Wheel wright, and his famous sister, Anne Hutchinson. They had before purchased some lands of the Indians at Squamscot Falls, and now came, with the few friends who followed them into banishment, and began a plantation. They called it Exeter ; and here was laid the foundation of New Hampshire. — See Barslow's History of New Hampshire, p. 40 ; Trum bull's Connecticut, vol. i., p. 6. i 5 *' A pleader at the Old Bailey who would attempt to aggravate the guilt of a robber or a murderer, by proving that King John or King Alfred punished robbery- and murder, would SURVEY OF COLONIAL EVENTS. 137 that in no period of time have nations been exempted from party spirit, and that the great and progressive cause of liberty has been in the keeping of the Democratic party. Imperceptibly small it may have been, at times, but always present, — in a spark to kindle, or in a blaze on the hill-tops of a nation, — to gladden everywhere the mighty heart of humanity. But let us take a rapid survey of colonial events, scattered upon the pages of imperfect records ; and as the waters of the bubbling spring and mountain brook glisten on their way to the majestic river, so let us endeavor to catch an occasional glimpse of those gushes of freedom which shine between the dark intervals of tyranny, and finally widen and unite in 'the broad, deep and uninterrupted stream of liberty, — to be seen in the enjoyment of equal rights, and in the dispensation of impartial justice. As the tendency of all matter is downward, attracted by unalterable laws which unite and functionize its properties, so the tendency of the spirit of freedom is upward,- outward and onward, gradually releasing the soul of man from the weight of its fetters, and preparing it for still higher duties, a more exalted happiness. . Every blow struck by the Democratic Party severs a link from that ignoble chain so long ago forged by tyrants, and guarded by their successors. As the colonies sprang up at different periods, and are to be traced to dif ferent and opposite pauses ; as they pursued each a separate course before they were united or independent, and as they all submitted, more or. less, to the control of Great Britain, it is quite obvious that history can disclose but little unity in party movements, where no issues were made on national topics as such, — no policy declared in which all could have an interest, or upon which all could have a right to exert an influence. But, as the colo nists had some motives in common, as emigrants from the same country, a only provoke derision. A man who should pretend that the reason why we have right to prop erty is, because our ancestors enjoyed that right four hundred years ago, would be justly contemned. Yet so little is plain sense heard in the mysterious nonsense which is the cloak of political fraud, that the Cokes, the Blackstones, and the Burkes, speak as if our right to freedom depended on its possession by our ancestors ! In the common cases of morality, we should blush at such an absurdity. No man would justify murder by its antiquity, or stig matize benevolence for being new. The genealogist who should emblazon the one as coeval with Cain, or stigmatize the other as upstart with Howard, would be disclaimed even by the most frantic partisan of aristocracy. This Gothic transfer of genealogy to truth and justice is peculiar to politics. The existence of robbery in one age makes its vindication in the next ; and the champions of freedom have abandoned the stronghold of right for precedent, which, when the most favorable, is, as might be expected from the ages which furnish it, feeble, fluctuating, partial and equivocal. It is not because we have been free, but because we have a right to be free, that we ought to demand freedom. Justice and liberty have neither birth nor race, youth nor age. It would be the same absurdity to assert that we have a right to freedom because the Englishmen of Alfred's reign were free, as that three and three are six because they were so in the camp of Genghis Khan. Let us hear no more of this ignoble and ignominious pedigree of freedom ! " — Works, vol. in., p. 135. 18 138 EVENTS INFLUENCING' COLONIAL GROWTH. similarity of spirit will be found to have influenced them when called upon to act under similar circumstances, and in view of like interests. In England, the Democrats were opposed and almost paralyzed by a powerful party. In removing to America, they were freed from that atmosphere of oppression which had surrounded them. There, they had endeavored to live in the full enjoyment of institutions which belonged to them in common with all British subjects. Here, they began with purposes which, though they were not denned with distinct particularity in their own minds, yet evinced an evident and determined disposition to favor republican principles, and to organize a Democratic party. In tracing-such a result to its original sources, it will be proper to notice the acts and discussions which gradually gained concessions from the crown, and nationalized the colonists. That the colonists had distinct motives in respect to their natural rights, and to the formation of a government in harmony with their views, and such as would efficiently advance and protect them, is unquestionably true. Not that ministers had motives to such an end, — for, although it may be admitted that they were occasionally influenced by a benevolence of feeling, and made concessions which they deemed merely parental, there is no evidence that they favored republican tendencies, or the interests of America, beyond the narrow limits of the crown. If England were just, it was expected that America would be generous ; if England were liberal, what could America do less than to be magnanimous '? The events and circumstances which immediately favored the Puritans have been considered. These were for a time of a limited nature, connected with character, locality and society. They constituted the beginning of a new communi'ty in a new country. The succeeding process was the formation of colonial interests in more extended relations. These were mediately affected by events of a national tendency, and which favored every possible variety of exercise and development. The great diversity of motive and character of the emigrants ; the various and distracted counsels by which the different companies were governed, and their detached operations in respect to the sources of power ; the troubles of Ireland and Scotland ; the numerous impeachments and contests of Parlia ment ; the tyranny and caprices of royalty ; the revolutions of Cromwell and James II. ; the wars of Great Britain against Spain, Holland and France, — the peace of Utrecht ; x the solemn perturbations of church and state ; " new lights," and new plans of colonial governments ; the eloquence and sway of "'The treaty of peace concluded at Utrecht," says Bancroft, "was momentous in its character and consequences. ' It closed the series of universal wars for the balance of power, and, establishing the territorial relations of the states adjoining France on a basis which endures even now, left no opportunity for future wars, except for commerce or opinion. " — Vol. m., p. 226. FOREIGN CONTROL OF COLONIES. 139 master-minds of the seventeenth century, led by the lofty spirit of Chatham, were events and influences which contributed powerfully to the increasing ability of the American colonies, and tended to open to the vision of the gifted statesman new and extended views of national polity. These, and similar events, extending through a long period of time, though foreign and external in their origin and direction, were prolific in positions of activity, and gave to the colonists opportunities for the exercise of mind in reference to public affairs, which were quite important, when considered in connection with their condition and future wants. They had a foreign policy to study, without its usual responsibilities. They were observers of troubles, foreign to their own, without being the subjects of them. They had constant accessions of men of character, thrown off by the convulsions of Europe, whose energies added spirit and vigor to the public mind. They could look upon revolutions with all the loyalty of subjects, and experience the elations of joy incident to success, and not leave their fire-sides, nor suffer the painful transitions from realities to the emotions of hope and fear. They could look upon the results of wisdom detached from the follies of failure, and calmly admire the dignity of character, exempted from the preju dices which surrounded and helped to produce it. But this position of a passive nature was not of long duration ; for, when the interests1 of the colonies were increased, and attracted the notice and consideration* of the king and council, or the Parliament,2 they found them selves within the circle of national control, and both the subjects and repre sentatives of principle.3 The formation of private and public opinion led to 1 " An order was issued, in October, 1621, commanding ' that no tobacco, or other pro ductions of the colonies, shall thenceforth be carried into foreign parts till they are first landed in England, and the custom paid ; ' the Privy Council assigning these remarkable reasons : 1 That the king, weighing the great advantage which this crown and state might receive from a well-ordered plantation in Virginia, granted several, immunities to the colonies, as not doubting but that they would apply themselves to such courses as might most firmly incor porate that plantation into his commonwealth ; that to suffer, therefore, a foreign trade, is as inconsistent with the view in the planting of Virginia as with just policy or the honor of the state.' The deputy and council, offering some reasons to show the impropriety and hardship of this order, were told, in the stern language of those days, ' that they were not to dispute, but to obey.' Here, then, were, for the first time, disclosed all those principles of policy, with regard to the colonial trade, which were carried into execution, by an act of the legis lature, at a subsequent "day. " — Chalmers' Annals, p. 53. 2 The king invested the general superintendence of the colonies in a council, in England, " composed of a few persons of consideration and talents." — Chalmers, p. 15. 3 The King of England, " informed of great distraction and disorder in the plantations of New England," referred the subject to the consideration of his Privy Council. This was in 1632. The council, after examination, passed a resolution, that the appearances were so fair, and hopes so great, that the country would prove beneficial to the kingdom, and profitable to the settlers, as that the adventurers " had cause to go on cheerfully with their undertakings," with an assurance that, if things were conducted according to the design of the patent, his Majesty would not only maintain the liberties and privileges heretofore granted, but supply 140 ACTIVITY OF COLONISTS. formal declarations of motive in respect to the best organization of society ; and questions arose in all those minor details which are usually to be seen in the affairs of practical life. The exercise of the prerogatives of royalty were watched in the wilderness, and the measures of Parliament were discussed in the rude domicile of the farmer and mechanic.1 Toleration was condemned by rival bigots,. and Episcopacy was discovered and proscribed in its scattered adherents. Titles were weighed, and nobility measured. 2 The earth was anything further which might tend to the good government, prosperity and comfort, of his people in those plantations. — Holmes' Annals, vol. I., p. 213. In 1834, an Order' in Council was passed, at London, requiring Mr. Cradock, a chief adventurer, then present before the. board, "to cause the letters patents for New England to be brought to the board." A special commission was giv«n to the Archbishop of Canterbury and eleven other, persons, for governing the American colonies. An order was_also sent, by the king's commissioners, to the Lord Warden of the Cinque Ports, and other haven towns, to stop the promiscuous and disorderly departure out of the realm to America. Under date of July, 1634, Governor Winthrop writes, in his journal (137), " Mr. Cradock wrote to the governor and his assistants, and sent a copy of the councils, whereby we were required to send over our patent. Upon long consultation whether we* should return answer or not, we agreed, and returned answer to Mr. Cradock, excusing that it could not be done but by a General Court, which was to be holden in September next. ' ' January 19, 1635, the colony of Massachusetts prepared to counteract this order. The ministers, considered at the time as the fathers of the commonwealth, were consulted by the magistrates. At the request of the governor and assistants, all the ministers in the colony, excepting one, met at Boston, to consider two cases, one of which was, What we ought to do, if a general governor should be sent out of England ? They unanimously agreed that, if such a governor were sent, the colony ought not to accept him, but to defend its lawful possessions, if able ; " otherwise, to avoid or protract." 1 In the contest between the King and Parliament, in 1644, the colonies of New England took an early and sincere part on the side of Parliament. In 1644, the General Court passed an ordinance declaring " that what person soever shall, by word, writing or action, endeavor to disturb our peace, directly or indirectly, by drawing a party under pretence that he is for the King of England, and such as join with him against the Parliament, shall be accounted as an offender of a high nature against this commonwealth, and to be proceeded with, either capitally or otherwise, according to the quality and degree of his offence ; provided always that this shall not be extended against any merchant, strangers and shipmen, that come hither merely for trade or merchandise, albeit they should come from any of those parts that are in the hands of the king, and such as adhere to him against the Parhament ; carrying themselves here quietly, and free from railing, or nourishing any faction, mutiny or sedition, among us, as aforesaid." — Marshall, p. 117. 2 In 1636, "several of the English peers," says Bancroft, "especially Lord Say and Seal, — a Presbyterian, a friend to the Puritans, yet with but dim perceptions of the true nature of civil liberty, — and Lord Brooke, — a man of charity and meekness, an early friend to toler ance, — had begun to inquire into the character of the rising institutions, and to negotiate for such changes as would offer them inducements for removing to America. They demanded a division of the General Court into two branches, that of assistants and of representatives, — a change which was acceptable to the people, and which, from domestic reasons, was ultimately adopted ; but they further required an acknowledgment of their own hereditary right to a seat in the upper house. The fathers of Massachusetts were disposed to conciliate these pow erful friends. They promised them the honors of magistracy ; but, as for the establishment of hereditary dignity, they answered, by the hand of Cotton, ' Where God blesseth any branch QUESTIONS OF INTEREST- AXD OF RIGHTS. 141 studied in regard to its probable uses, and lands were divided by theories representing the selfish, the benevolent, the speculative, the just and the unjust. The rivers and the seas were surveyed in reference to the fishermen of all nations, and the forests allotted to the furrier-huntsmen. The delicate subject of taxation was scanned in every variety of form natural to a hard-working people, jealous of their rights. Man looked upon man as his equal, and began to question the truth of the fearful assumption that petitions may be made to God, but not to Parliament. The right of petition was discussed and conceded. Men were counted as beings capable of speaking for themselves ; and the representative principle became the subject of study and applica tion.1 Martial law was pronounced of doubtful tendency," and the civil power was tested with a nice discrimination in respect to the extent of man's perversity, as compared with his love of right. The army, as a permanent establishment, was viewed with fearful distrust,3 and the militia system excited the jealous to suspect a foreign policy of promotion ; and American officers felt that a colonel upon the continent was as good as a colonel beyond the Atlantic. i Monopolies were formed, based upon every interest that promised any reward ; and questions of experiment racked the ingenious, and deluded both the credulous and incredulous. Inter-colonial interests indicated division-lines of separate communities, and questions of regulation were topics of discussion in the different colonies, as balance of power became the absorbing problem of the nations of Europe. Thus questions for consideration arose with every advance of interest in the colonies ; and, while every increase of property gave additional importance to the particular colony where it was improved, it developed a corresponding of any noble or generous family with a spirit and gifts fit for government, it would be a taking of God's name in vain to put such a. talent under a bushel, and a sin against the honor of magistracy to neglect such in our public elections. But if God should not delight to furnish some of their posterity with gifts fit for magistracy, we should expose them rather to reproach and prejudice, and the commonwealth with them, 'than exalt them to honor, if we should call -them forth, when God doth not, to public authority.' And thus the proposition for establish ing hereditary nobility was defeated." — Vol. i., p. 384. 1 The first representative assembly in America was in Virginia, in 1619. The second was in Massachusetts, in 1634. 2 Reference is made to Virginia. * The danger and impolicy of a standing army was early doubted, in the debates of Par liament, by the Democracy of England. 1 "In anticipation of approaching hostilities," (with the French, 1755) says Hildreth, " a general order gave to all officers commissioned by the king or the commander-in-chief precedence over such as had only colonial commissions, — an order which created great dis gust, and occasioned much trouble in America. New clauses introduced into the annual Mutiny Act subjected the colonial soldiers, when acting in conjunction with regular troops, to the rigid rules of the regular service, and required the Colonial Assemblies to provide quarters and certain enumerated supplies for the regular troops within their jurisdictions. ' ' — Vol. ii., p. 448. 142 SOURCES OF CIVIL POWER. spirit and judgment in the people concerning its control. To individual interest was added the conventional ambition engendered by the rivalry of separate colonies; and colonies began to define their relations of right as neighboring communities, and their positions of power as national sover eignties. General interests of the continent were early viewed as subjects in common to be adjusted, and union for cooperation was a form of action as natural as it proved to be efficient. The government of the mother country, looking upon colonial enterprise as national gain, and colonial power as an increase of national strength* sought to regulate the one, and to control the other, by orders in council, or by legislation. Paternal grants gave way to royal suspicion, and parliamentary encouragement to parliamentary restric tions. In these various relations the colonies were placed, — each having its party divisions peculiar to its own condition, and all having a common interest in the subject of foreign control, upon which the people divided in respect to continental policy. It has been seen that, at the time of the Revolution, most of the colonies weje governed as royal provinces. Eight of the thirteen were of this class. Two only remained of the proprietary form, while three had continued under charters. It is doubtful whether history affords more instructive examples to illus trate the various forms of development of Democratic principles than may be found in the settlement and progress of the American colonies. All THE SOURCES OF CIVIL POWER are "opened for inspection j~ the various motives which lead to party organiza tion are made apparent ; and moral and political seasons of seed-time and harvest are passed in review, discovering the true principles of action, — the unalterable conditions of truth. ¦ It may be said, for purposes' of historical convenience, that power springs from three sources. The first and highest is conscience, around which are to be found, as servants, all the sentiments and faculties of the human mind ; the second is property, or the possession of means to control the agency of others ; and the third is of a conventional nature, and rests upon traditionary privileges, — such as inhere in the idea of royalty. 1 It is with the possession 1 M. Guizot indulges in some ingenious speculations with respect to the nature of royalty. He says : " whenever society advances towards its modern and definitive character, royalty seems to extend and prosper ; so that when the work is consummated, — when there is no longer any, or scarcely any other important or decisive influence in the great states of Europe than that of the government and the public, — royalty is the government." — Hist. Civ. of Europe, vol. i., p. 162. He says, too, "It is evident that royalty has played a prodigious SOURCES OF CIVIL POWER. 143 of moral or traditionary power as it is with the possession of property, — it is prized to the extent of its ability to control ; and, as traditionary power precedes conventional agreement, property is often made subservient to roy alty. Sometimes royalty bends its neck to be loaded with a golden yoke, and the two powers unite both as rivals and allies. As but few men can be rich and independent of labor, it follows that most men are comparatively poor, and subject to the primeval conditions imposed upon Adam. As but few men can be rulers, or the dictators of society, it follows that most men stand in the relations of subject or citizen. As the dispensers of royalty and property are naturally inclined and impelled to be selfish and conservative, their systems of operation are found to be generally narrow and partial, — their concessions of right slight and reluctant. In relation to these two classes, either singly or combined, the people are placed, as subjects, constituents, or debtors. That the people, who embody and develop the great principle of Democracy, constitute the real sovereignty of a state, may be regarded quite obvious, from the fact that, without them, royalty is but a name, and property a solecism. To speak of a king without subjects, of a Croesus without a market, or of a market without a people, would be to ridicule the objects of language ; and yet these terms indicate the great sources of power. Without industry, and the wants of men, wealth is nothing. Without the institutions of government to regulate the rights of men, royalty is nothing. With Democratic institutions, man is every thing, and nominal distinctions yield to the dignity of character. Royalty, existing as the absolute disposer of human rights, is a tyranny. Wealth con centrated in the hands of the few, is a monopoly. If these conditions concur and unite in the same nation, the people are liable to be made^both slaves and beggars. The transition of power from these uncertain sources, con- part in the history of European civilization," &c. One would suppose that Guizot referred to a principle which could be defined with some distinctness. Not so. For he enumerates several different kinds of royalty, and the reader is at a loss to gather an exact idea of his meaning. The fact that a man is made king, or emperpr, shows simply that he is chief ruler, either by consent, or by the aid of force ; but it does not explain upon what principle, or upon what conditions, he has been made so. The same may be said of the president of a republic. The distinction between a hereditary and an elective chief magistrate does not relieve the diffi culty ; it only speaks of a fact that precedes the result; and the result remains still to be explained. Royalty simply refers to a form of government, without any reference to the principles upon which it is based, or to the limits of their exercise. If hereditary, it may be termed an idea of necessity, incident to a state of ignorance, or to an imperfect state of soci ety, where judgment is content with traditionary authority. If elective, the result is either a free republic, — this form best representing the voice of the people, — or a monarchy, or an empire, with the promise of a constitutional government which concedes freedom to the subject, and thus secures Iris vote. When the people know enough, and society is properly organized in reference to the representative principle, royalty can have no existence. Hence its existence is merely incidental, — a result, it may be, of the exercise of sound principles, or the result of the entire want of principle. 144 SOURCES OF CIVIL POWER. trolled by the few, and its diffusion among the people, — the rightful heirs, — is human progress. This is accomplished by Democracy, - which con tinually claims a greater freedom, a more permanent industry, ja wider range for commerce. That the fluctuations of party must be continual and various, will appear when we consider the relative condition of these sources of power, to which. allusion has already been made. Under a monarchical government there are usually three parties of interest : the king and nobility,- and all those who are satisfied to be their mere dependents ; the rich, who control the available wealth of the country ; and the people, of all professions, who have a com mendable ambition to acquire the comforts of life, and to enjoy equal oppor tunities for advancement. As royalty combines with the representatives of property, or of principle, so parties are formed for good, for pecuniary profit or monopoly. Some times the love of duty and the love of money unite in the same persons. In a constitutional government, like that of England, the conventional power is again divided and subdivided, combined and modified, in an infinite variety of ways. The King, the Lords, and the Parliament, have their struggles for prerogative, their conditions of strength and weakness, and their forced coalition necessities. When the king and the titled gentry suppose that the power of wealth will be equal to their wants, they seek alliance with the holders of property against the people. In such cases there are exchanges of property for power and privilege by agreement. When they see the sources of revenue in the industry and enterprise of the people, and discover the great truth that freedom from restraint in the legitimate pursuits of life adds to the public revenue, then royalty takes the laborer by the hand, and unites with the con stituted agents of the people in justly regulating popular rights. Industry yields more, and money less. The rich sometimes worship at the shrine of popular will, when mind fails to honor the holder of gold, or when the integ rity of all public men is doubted because a few men know themselves to be dishonest. To all these sources of power, with their numerous combinations, may be traced the different governments of the American colonies, and the varying policy of the English monarchs and Parliaments in regard to them, during their entire period of settlement. While the first successful settlements were made by the lovers of freedom for freedom's sake, most of the colonies originated in motives of gain or of speculation. It is an interesting fact, that, however men combine to secure a common end, provided that end be one of general interest, and of vital importance to society, they arrive, by degrees, at the same points of truth. though by different means, more or less rapidly, and from different positions, SOURCES OF CIVIL POWER. 145 There seems to be — to borrow a term of physical science — a moral centre of gravity, where all truth tends, however and wherever it is first promul gated. The light of truth shines upon all impartially, like that of the polar star, which as safely guides the Feejee Islander in his 'canoe as the admiral of the royal navy in the broad Atlantic. Political parties of the colonies were associations of men formed for specific purposes, and directed by the same dispositions of ambition, honor and interest, which actuate men at the present day. * Then, although the sources of power were the same, there was no permanent unity of purpose in party movements, or government policy, such as exists in nations. If people were cheered by successful results to-day, to-morrow might teem with the events of adversity, beyond the power of a prudential foresight to remedy. Subject to uncertain changes of princes, governors, proprietors and Parliaments, they could not well take part in the political divisions of England without opposing or neglecting the interests of the colonies ; and to organize parties in America seemed like disloyalty to the British government. Still, with all these eccentricities in the orbits of political rule, Democracy held but one language, claimed but one condition," and served but one master. " God and Liberty" was inscribed upon its banner, and sanctified in the hearts of the people. The compact of the Pilgrims became the political creed of the continent, and the Democratic Party was organized for its defence. To this was opposed a conservative party, combining the spirit of royalty with the cupidity of wealth. From this remark it is not to be inferred that the Democratic party was free from the perversities of human nature, or that it was favored by a total exemption from error. Nor is it to be inferred that royalty was without its benevo lence, or government without its justice, or wealth without its munificence. No. These sources of power existed then as now, and always will continue to exist, in the providence of God, for the good of man. Reference is made to their nature, to their general tendencies, and to the surest means to direct and control them. The Democratic party sought constantly to lessen the power of the few, to be extended to the many. Colonial governments, based upon monied power, proved a failure. Proprietary governments surrendered to the crown, and demonstrated that schemes of interest succeed only as schemes of interest ; that the private ends of particular persons, or companies, seldom harmonize to meet the public wants, or to promote the public good. To say the least, royalty was allied to. a national system, and the colonies could be better protected as the parts of a nation than as mere corporations, — more bent upon increasing the means of a company than capacitated to advance the prosperity of a people. 1 The question of obedience was a question of liberty, and gave birth to the parties of prerog ative and of freedom. Such is the origin of the parties which continued to divide Massachu setts till the establishment of actual independence. — Bancroft, vol. n., p. 75. 19 146 FIRST SETTLEMENT OF VIRGINIA. But, to illustrate principles which have been stated in general terms, it may be well to glance at the origin of each particular colony, so that the colonies may be studied in classes, as they stood at the time of the Revolu tion, and in view of a common standard. To commence with the royal provinces, the first to be noticed is — . , VIRGINIA, i The first settlers of this colony were adventurers, — a company of men influenced by various and opposite motives, and subjected to conditions of a necessitous as well as of a humiliating nature. 2 Their voyage to this con tinent was one of ^discord; and, though they viewed the new country with admiration, their settlement was made without proper judgment, and became 1 The first permanent settlement made in America was Virginia, under a charter granted to Sir Thomas Gates and his associates, by James the First, iu 1606. That charter granted territories, then commonly called Virginia, lying on the sea-coast between the thirty-fourth and forty-fifth degrees of north latitude, and the islands adjacent Within one hundred miles, which were not belonging to or possessed by any Christian prince or people. --> The associates' were divided into two companies, one of which was required to settle between the thirty-fourth ;and forty-first degrees of north latitude, called the South Colony, and the other between the thirty-eighth and forty-fifth degrees of north latitude, called the North Colony. They were snot to settle within an hundred miles of one another. By degrees, the name of Virginia was confined to the South Colony. The North Colony assumed the name of the Plymouth Com pany, from the residence of the original grantees ; and New England was founded under their auspices. Each colony had exclusive propriety in all the territory within fifty miles from the first seat of their plantation. A new charter was given to the' settlers of Virginia in 1609, and. a third in 1612. A representative government was established, and the first colonial assembly was convened at Jamestown, June 29, 1619. A written constitution was granted by the London proprietors to the colonists in 1621. In 1624 the charter was vacated by authority of the king, who took the colony into his own hands. A governor and council were appointed by the crown, but the assemblies 'continued. On the breaking out of Cromwell's war in England, the Virginians remained faithful to the king, and a fleet was sent by Par liament to subdue them. In 1652 the colonists were compelled to acknowledge the authority of the Parliament. On the restoration of Charles II. , Virginia became again- a royal colony, and so remained till the period of the American Revolution. 2 " The original planters of that most ancient colony are said, by contemporary writers, to have been," says Chalmers, "poor gentlemen, tradesmen, serving-men, libertines, and such like, — ten times more fit to spoil a commonwealth than either to begin or maintain one. ' ' — Political Annals, p. 69. " The persons named in the charter of Virginia (1606) were Sir Thomas Gates, Sir George Somers, Richard Hakluyt, and Edward Maria Wingfield. For every sum of twelve pounds ten shillings the contributor was entitled to an hundred acres of land, and as much more when the first lot was cultivated. The company fitted out three vessels, under the command of Christo pher Newport. In these vessels one hundred and five men embarked, destined to form the first colony in Virginia. Of this number, forty-eight were "gentlemen," twelve laborers, four carpenters, and a few other mechanics. The rest were soldiers and servants. In reply to complaints of the company (in 1608), Sir Thomas Smith, the treasurer, wrote that it were better to send out^ thirty working-men than a thousand like the present colonists. — See Hil- dreth's U. S., vol. i., pp. 99, 108. CHARACTER OF JAMES I. 147 the scene of disagreement, suffering and death. J Whether King James con sidered himself as the father or the husband2 of the colony, it is quite certain that he proved himself to be not only the king in abstracto, but failed to recognize in practice his'own theory of a king in concreto. 3 Pacific without a knowledge of national rights ; indulging in a monarch's pride, without a corresponding sense of a monarch's dignity ; obstinate, without the capacity of an intelligent firmness ; — this royal law-giver, in his self-complacency, extended his paternal verbosity to the American continent. The emigrants left- their native shores without a knowledge of the instructions by which their interests were to be regulated, and without a knowledge of the govern ors to whom these instructions had been committed.* His majesty placed his will under seal, to be made known only in the wilderness. Thus com menced " the most ancient administration of yirginia," a "pure aristocracy." With such a master, no one need be in much doubt as to the probable character of the agents of his choice to execute his will. The only hope to be countenanced, in such a case, would be, that the king might occasionally mistake his man, and thus by accident serve his people. With such a begin ning, it was obvious that success could only commence with failure.5 Re strained by the paralyzing rule of martial law, and distracted by seditions 1 The population in 1609 was near five hundred persons ; which number, in the course of six months, was reduced, by idleness, vice and famine, to only sixty, .of- all ages and sexes. — See Bancroft, vol. I., p. 139, and Chalmers. In 1611 the colony numbered seven hundred men. In 1619 there was an addition to the population of the colony of twelve hun dred emigrants, among whom were ninety young women, who were disposed of, for the cost of their passage, as wives to the planters. 2 King James I., in his speech to his first Parliament -(1603S), speaking of the union of the different kingdoms of Great Britain, said : " ' What God hath conjoined then let no man sep arate.' I am the husband, and all the whole island is my lawful wife ; I am the head, and it is my body ; I am the shepherd, and it is my flock : I hope, therefore, no man will be so unreasonable as to think that I, that am a Christian king under the gospel, should be a polygamisti and husband to two wives ; that L, being the head, should have a divided and monstrous body ; or that, being the shepherd of so fair a flock (whose fold hath no wall to fence it but the four seas), should have my flock parted in two." — Pari. Deb., vol. I., 977. 1 "An abstract king," said King James, " had all power ; but a concrete king was bound to observe the, laws of the country which he governed." — Works, p. 533. 4 These instructions, and the names of those persons who were to compose the future gov ernment of Virginia, were sealed up in a tin box. It was ordered that this box should not be opened until after their arrival. 5 During five years next after their ianding, the colonists were ordered to trade jointly ; that the fruits of the general industry should be placed in a public magazine, whence every one should be supplied agreeably to the directions of the Council. But when men are not to profit they will labor little ; and when all are fed from a common granary, few will concern themselves how it is filled ; — and with this reasoning the- Virginian story exactly' corre sponds. The emigrants were too often in want of food, and all the energy of martial law became necessary to promote diligence and preserve peace. There appear to have been, more over, two capital defects in the institution of the settlement. First, the colonists had neither women nor property — the two objects whieh the heart3 of men desire the most : women to smooth the asperities of life, and property to interest and invigorate. — Chalmers, p. 33. K3 EARLY PARTIES IN VIRGINIA. incident to such a rule ; subjected to arbitrary and frequent changes, to the attacks of savages, and severed from ties and influences of a domestic nature, —the colonists experienced all the desolations of terror, famine aud want. But with the increase of numbers, and by the accession of character 1 and resulting causes, the colony recovered in some degree from the shocks of misfortune, and became impatient to enjoy once more the freedom of their native country. To meet this feeling, the governor, Sir George Yeardley, in 1619, called a General Assembly, composed of representatives from the different plantations of the colony, and permitted them to assume and exercise the high functions of legislation. This was the first legislative assembly in America. v But the want of success in enterprise lessened the spirit of concentration, and the colonists became divided on questions of political control. Unsuc cessful corporations ever disagree in regard to the true causes of failure, — and struggles for ascendency are directed by professed determinations to •arrive at success, either by a continuance of a policy already begun, or by the adoption of new and different measures as remedies for the evils of the past. The conservative party favored the prerogatives of the crown, as the chief source of power ; while the people, looking to their own good,, and the growth of the colony, as the chief objects of their associated endeavors and interests, favored industry in its legitimate relations, and property in its right ful hands.2 As the decrees of the Privy Council in respect to Virginia were opposed by the Democrats in Parliament, it was natural that the colonists should take positions according to their judgment, their prejudices, or inte rests. Public meetings for business 3 afforded opportunities for exchanges of opinion, and the affairs of the colony were discussed with the utmost free dom. Such a freedom gave energy to the people, and added to the spirit of enterprise. But the party that relies upon management, and upon the exer cise of arbitrary power, for its advancement, is never to be satisfied by the evidences of prosperity. To witness their reality, excites its grasping dispo sition to control results ; to realize their absence, is to arouse its spirit of 1 From 1629 to 1640, some of the Puritans from Plymouth and Massachusetts emigrated to Virginia. 2 (1624.) " The governor shall not lay any taxes or impositions upon the colony, their lands or commodities, other way than by the authority of the General Assembly, to be levyed and ymployed as the said Assembly shall appoynt." — See Bancroft, vol. i., p. 190. 3 "The meetings of the company," says Bancroft, "which now consisted of a thousand adventurers (1623), of whom a hundred or more usually appeared at the quarter courts, were the scenes for freedom of debate, where the patriots, who in Parliament advocated the cause of liberty, triumphantly opposed the decrees of the Privy Council on subjects connected with the rights of Virginia. The unsuccessful party in the company naturally found an ally in the king, — it could hope for success only by establishing the supremacy of his prerogative ; and the monarch, dissatisfied at having intrusted to others the control of the colony, now desired to recover the influence of which he was deprived by a charter of his own concession. Besides, he disliked the freedom of debate." "The Virginia courts," said Gondemar, the Spanish envoy, to King James, " are but a seminary to a seditious Parliament." — Vol. I., p. 186. EARLY PARTIES IN' VIRGINIA. 149 arrogance in assumptions of wisdom that concede nothing to the wisdom of others. The royalists cared for nothing but for place, and for selfish oppor tunities of gain. They influenced the king by exciting his jealousy, and insured his active cooperation by admissions which were gratifying to his vanity. He was induced to interfere with their elections, in the belief that his commands would be regarded as laws ; to appoint commissioners to inves tigate causes of alleged grievances, which had been fabricated by reckless partisans ; — in fact, without descending to fictitious details, he was made to believe that the dignity of the crown could only be secured by taking away rights which had been conceded, and by recovering a control which had been surrendered. The royal assumptions of power were opposed with a becoming spirit of indignation by the people ; but they had no ability to succeed in such a con test, and the company was dissolved. Virginia ceased to be a proprietary government.1 Although but little can be learned from the many events which transpired during so short a period, still, enough was seen to satisfy the honest that freedom was a condition of success. " The spirit of liberty had planted itself deeply among the Virginians ; " 2 and if they were not per mitted directly to favor its outward expansion, no earthly power could deprive them of its inward workings, and the consequent enlargements of mind. To understand the political character of the colony, it is necessary to study the sources of its power, the character of its society, and the nature of its indus try. It was viewed by the people and government of England as a plantation for raising tobacco:3 It was favored by government for the revenue which it 1 The colonial government was modelled after that of the mother country ; the governor, council and burgesses, of Virginia, corresponding, in their respective functions, to the king, lords and commons, of England. There were, however, the following diversities : during the first year of the colony, when it was under the government of the Virginia Company, the governor, council and burgesses, sat together in the same room, and formed a single body, called "The Grand Assembly." The same thing afterwards took place during the greater part of the time of the Commonwealth. The governor and council, too, in tljeir judicial character, exercised original as well as appellate jurisdiction ; and appeals from their decision lay to the General Assembly. These appeals were abolished in 1683, by an exercise of the royal prerogative ; but the judicial functions of the governor and council, constituting the General Court, continued throughout the regal government. The number of councillors was limited to sixteen, though their places were seldom all filled ; and they were selected by the crown from those of the inhabitants who were recommended by their wealth, station and loy alty. The House of Burgesses, in the year 1743, consisted of eighty members, to wit : seventy-six from thirty-eight counties, three from the towns of WiUiamsburgh, Jamestown, and Norfolk, and one from William and Mary College. — Tucker's Jefferson, i., p. 19. 2 Bancroft's U. S., vol. i., p. 90. 3 " The use of tobacco had been introduced into England by some of the first adventurers to America, twenty years before the settlement of Jamestown. The use of it rapidly extended in England, and the more rapidly, perhaps, from the endeavors made by the reigning mon arch to prejudice his subjects against it. A demand for tobacco being thus created, and it being already a product of Virginia, the settlers soon began to cultivate it for market ; and, 150 INDUSTRY OF VIRGINIA, yielded ; and all measures of control, proposed by the king or by the Parlia- • ment were based upon pecuniary motives, — either to increase the means of the crown, or to favor court favorites who were ready to cross the Atlantic for purposes of speculation. The industry of the people being confined to a single staple, and that staple being made the currency of the country, and subject to the control of factors who stood in the double relation of buyers and sellers, the colonists were reduced to a narrow scale of enterprise. They were neither permitted to originate nor continue any course of means necessary to the formation of society or to the establishment of a self-pro tecting prosperity.1 As government agents, the officers of the crown were but little more than directors of a corporation, directing their energies to promote a single object. They were rather speculators than citizens, rather servants than laborers. The .colony was subjected not only to all the with ering influences of a partial employment of the human faculties, but it was sustained by no.community foreign to itself. Its activity was confined to a circle whose enlargement produced no change, and whose utmost extent reached no variety of motive, and promised no additional reward. Indeed, its increase of enterprise was more like that of machinery than of mind ; and under the encouragement of the very high price it then bere„it so engrossed their attention to the neglect of their corn, that they sometimes suffered severely from scarcity. It long continued almost the sole article of export ;¦ and,, both from its furnishing the means of remit tance to England, and from the inadequate supply of the previous metals, which they felt in common with all young and growing communities, it bec&me the general measure of value, and principal currency of the colony. The members of assembly, the jministers of the estab lished church, the clerks of courts, and sheriffs, were all paid in tobacco. The payment of ¦ the county and parish levies, and most off the public taxes, was made in the same commodity. But, as it fluctuated in price, rates were sometimes fixed by the colonial legislature, and sometimes left to the discretion of the county courts, by which ¦ the prices of pork, maize, wheat, and other articles of general consumption, might be paid in this local currency. The quantity of exported tobacco gradually increased with the growth of the colony, until in 1758 it reached seventy thousand hogsheads,* equal to seventy millions of pounds, since which time the product has somewhat diminished..' ' In speaking of Charles I. in connection with the colony of Virginia, Bancroft says, " Vir ginia was esteemed by the monarch as a country producing tobacco ; its inhabitants were valued at court as planters, and prized according to the revenue derived from the staple of their industry." — Hist. U. S., vol. i., p. 194, 1 " Whereas many ships, laden with tobacco and other merchandises, have- thence carried the same directly to foreign countries, whereby his majesty loseth the duties thereupon due, there being nothing answered in Virginia, you shall be very careful that no vessel depart thence loaded with those commodities, before bond, with sufficient sureties, be taken to his majesty's use, to bring the same into his majesty's dominibns, and to carry a lading from thence, that the staple of those commodities may be made here ; whereby his majesty, after so great an expense upon that plantation, and so many of his subjects transported thither, may not be defrauded of what is justly due for customs on the goods. The bonds to be trans mitted, that delinquents may be proceeded against." — Extract from Instructions to Sir Wm. Berkeley : Chalmers, p. 131. * The hogshead, which has been a very varying quantity, from three hundred and fifty pounds to fifteen hun dred pounds or more, then averaged one thousand pounds. WANT OF ENTERPRISE. 151 while many inhabitants were added for labor, but few were added for character. The more wealthy portion of the inhabitants, who had the means to command the refinements and influences^ education, and of society, became distin guished for their lofty spirit of personal independence, and unbounded hospi tality.1 In a country where all the products 'of a beneficent God were spring ing forth in their luxuriant beauty and abundance ; where nature favored the diversity of motive, action, industry and genius ; where life seemed pregnant with causes to develop character, to establish the solid founda tions and to cultivate the refinements of society, — from the rising to the setting of the sun, for many generations, the Virginians could look upon little except their gloomy tobacco-fields, and think upon little except their foreign tobacco market.2 Enterprise had no heart, happiness no sentiment, and character was made subservient to government. Home was divested of its atmosphere, and country of its responsible exercises. Population sought shelter as the woodman seeks his temporary hut in the receding forest ; the soil was planted and abandoned, as if made for desolation ; and society moved in fragments upon the face of the earth, planting and raising a solitary weed, — as if man were created for abuse, and nations had been appointed 1 " The inhabitants are very courteous to travellers, who Deed no other recommendation than the being human creatures. A stranger has no more to do, but to inquire upon the road where any gentleman or good housekeeper lives, and there he may depend upon being received with hospitality. This good-nature is so general among their people, that the gen try, when they go abroad, order their principal servant to entertain all visitors with every thing the plantation affords. And the poor planters, who have but one bed, will very often sit up, or lie upon a form or couch all night, to make room for a weary traveller to repose himself after his journey." — History and Present State of Virginia (1705), p. 76. 2 In a work entitled "The History and Present State of Virginia, &c," by "A Native Inhabitant of the Place," published in London, 1705, the reader will find a variety of facts in respect to the productiveness of the country, and the great want of enterprise. He says, " All sorts of English grain thrive and increase there, and yet they don't make a trade of any of them ; " and thinks, " if it should please God to send them an unseasonable year, there would not be found in the country provision sufficient to support the people for three months extraordinary." * * " The sheep increase well, and bear good fleeces; but they gen erally are suffered to be torn off their backs by briers and bushes, instead of being shorn, or else are left rotting upon the dung-hill with thfar skins." Beeves might be raised " to great perfection," "but there is not an hundred acres of marsh drained throughout the whole country." " Hogs swarm like vermin, and are often counted as such, insomuch that when an inventory of any considerable man's estate is taken by the executors, the hogs are left out." After speaking of many other products neglected, and by official discouragements, he adds : "Thus they depend altogether upon the liberality of nature,- without endeavoring to improve its gifts by art or industry. They sponge upon the blessings of a warm sun and a fruitful soil, and almost grutch the pains of gathering in the bounties of the earth. I should be ashamed to publish this slothful indolence of my countrymen, but that I hope it will rouse them out of their lethargy, and excite them to make the most of all those happy advantages which nature has given them ; and if it does this, I am sure they will have the goodness to forgive me." 152 DISCOURAGEMENTS TO INDUSTRY. tr executors to such an end.1 So entirely engrossed were the people of Vir ginia in a single occupation, that they failed to make a distinction between the desolations of famine and the superabundance of the harvest. A large crop was fatal to the price, and a small crop encouraged idleness.2 They could neither eat nor wear tobacco. With tobacco they could neither build a house, nor replenish a pantry, grade a road, nor build a bridge. Exchange was a necessity. The foreign- market was the director of their enterprise, the measure of their means, and the dispenser of their gains. Virginia was the plantation, — England the home and the storehouse of the planter. The inhab itants of the colony were not expected even to clothe themselves,3 or to provide the ordinary comforts of life, except by aid of the mechanics and manufacturers of England; and all trade with foreigners was strictly forbidden. Under such circumstances, what could be expected either for man or for society'? Where men scattered over a large extent of territory with entire reference to their peculiar business, there could be but few subdivisions of society, such as give birth .to towns ; and where a people transferred all the results of their labors to a foreign land, motives to establish institutions for progress ' could exist only in a very slight degree. Religion became a subject of conformity for convenience, and popular education was looked upon as a delusion. The reign of Charles I. and the administration of Cromwell were marked by so many events of a distracting nature, that but little time or attention could be given to the colonies in a foreign land. So far as the colonies were connected with revenue, they were attentively considered ; further than this, but little was done to add to their means or to encourage their spirit.* Occa sional letters of instruction were given, and proclamations made, — but these 1 As this plant requires land of the greatest fertility, and its finer sorts are produced only in virgin soil, which it soon exhausts, its culture has been steadily advancing westwardly, where fresh land is more abundant, leaving the eastern region it has impoverished to the production of Indian corn, wheat, and other grain. Its cultivation has thus generally ceased in the country below the falls of the great rivers ; and, in its progress to tije. west, the centre of the tobacco region is now two hundred miles from the coast. — Tucker's Life of Jefferson, vol. I., p. 13. 2 The " low price of tobacco," says Bancroft (under the period of 1680), "left the planter without hope. The Assembly had attempted', by legislation, to call towns into being, and cherish manufactures. With little regard to colonial liberties, it also petitioned the king to prohibit by proclamation the planting of tobacco in the colonies for one year. The first measure could not countervail the navigation acts ; with regard to the second, riots were ^substituted for the royal proclamation, and mobs collected to cut up the fields of the tobaccO- .plants."— Vol. n., p. 248. 3 When ' the people of Virginia, after the colony had been settled for nearly a century, ^attempted, to manufacture coarse fabrics suitable for clothing, Nicholson, the governor, advised that it should be forbidden by an act of Parliament. 4 Tobacco was heavily taxed in England, and, with a view to gain a revenue from the entire consumption, the people of England and Wales were forbidden to raise it, and, if they had any plants growing, to destroy them. ARISTOCRACY OF VIRGINIA. 158 evinced rather a business policy than a national system. To this exemption from foreign control Virginia was indebted for much of that independent spirit which was manifested in after times, and which led to those declara tions of freedom which have so distinguished her sons. After the Restora tion, 1660, the government of Virginia was more arbitrary, and more consist ently conservative. "The political sentiments of the planters," says Tucker,1 "were mani fested very differently in their relations with each other, and in the concerns of the whole province with the mother country. Whilst, in the latter rela tion, they, with few exceptions, showed themselves zealous assertors of their civil rights, in the colony itself there was exhibited a strong aristocratical spirit, which several circumstances had contributed to produce. The great number of indented servants, who for near a century constituted the largest portion of their agricultural labor, and who were subjected to a rigor of authority not known in England, had always divided the colonists into two distinct classes ; and if many of the degraded caste, after their term of ser vice was expired, had, by thrift and good management, acquired land, and even wealth, yet their former condition was not forgotten, and it was only in the second or third generation that the original line of distinction was effaced. The introduction of slaves tended to increase and confirm this inequality. The wealthy planter, living on a large estate, where he saw none but obliged guests or obsequious slaves, — commonly invested, moreover, with powers legislative, judicial, or military, and sometimes with all united, — was likely to have a high sense of persOnal dignity and self-importance. ' Their form of civil polity, and the prevailing religion, endowed as it was with exclusive privileges, contributed, in some degree, to the same end. The aristocratic feeling, thus produced, variously manifested itself in the colonial laws. The whole public expenditure was defrayed by a capitation tax, levied on all males, bond or free, above sixteen years of age, and all female slaves above the same age, — by which every other difference in property, except as to slaves, was disregarded ; and as to a part of the tax, the poorest man paid as much as the richest, since the expense of making and repairing the public roads was borne equally by all males over sixteen; the right of suffrage was limited to freeholders, except during a part of the time of the Common- • wealth, and a few years afterwards; slaves were regarded as real estate, for the purpose of being annexed to the land, and of transmitting an undi vided inheritance to the heir ; and, lastly, in 1705, a law was passed to take away from the courts the power of defeating entails, as had been the prac tice in the colony, and was still permitted in England. " The high wages of the members of Assembly may be" regarded as a 1 Life of Jefferson, vol. i., p. 20. 20 154 " DEMOCRACY OF VIRGINIA. further evidence of the same aristocratic injustice. Their compensation, during the reign of Charles the First, was one hundred and fifty pounds of tobacco a day, besides the expense of horses ahd a servant, amounting to about one hundred pounds more. After, allowing both for the lower money price of tobacco at that period and the greater value of the precious metals, this daily compensation must be deemed equal to eight or ten dollars at the present time ; and as it was paid by the several counties to their respective members, we cannot wonder that it was one of the grounds of popular com plaint in the insurrection of 1676, under Nathaniel Bacon.1 In 1677 this complaint seemed to the commissioners sent from England so well founded, that, on their recommendation, the wages of the members were greatly reduced. " Persons thus clothed with power and authority, and accustomed to its exercise, were not likely to prove the most submissive of subjects ; and though there was probably always a court and a country party in Virginia, as well as in England, yet by far the larger part of the aristocracy of the colony sided with the whigs in all the disputes With the crown, or its colo nial representative, the governor. Indeed, the spirit of resistance to illegal or oppressive exertions of the royal prerogative seems never to have been long dormant, from the year 1624, when Virginia ceased to be a proprietary government, until the period of separation. " The annals of the colony, meagre as they unfortunately are, afford ¦ abundant evidence of this firm and independent spirit. Thus, in 1631, the Council and the House of Burgesses united in the bold step of sending the governor, Sir Matthew Harvey, a prisoner to England, to be tried for the tyrannical acts of his administration. In 1657, when the colony, which had espoused the royal cause, capitulated to the force sent out by Cromwell, his commissioners expressly stipulated with the House of Burgesses that the people of Virginia ' should have and enjoy such freedom and privileges as 1 Although the immediate cause of the people's taking up arms, iu that civil commotion, was to defend themselves against the Indians, who were then ravaging the frontier, and who found impunity in the tardy and indecisive measures of an aged governor, yet after they had taken , the means of redress into their own hands, and returned from their expedition against the Indians, other causes of popular discontent in the laws themselves were the subject of loud complaint, and became the reason or afforded a pretext for Bacon to keep his force embodied, and finally to assume the attitude of open war. One of the grievances complained of was, that all the revenue was raised by a poll tax, by which the wealthy landholder contributed nothing, except so far as he was an owner of slaves. This injustice was the more felt on account of the recent increase of taxes for the purpose of purchasing up the improvident grant made by Charles the Second to two court favorites. They also complained of the high wages of the members of Assembly, and the high fees of other public officers, — all indicating that the power of the government was exercised for the benefit of the few at the expense of the many. POLITICAL PARTIES IN VIRGINIA. 155 belong to the freeborn people of England ; that trade should also be as free in Virginia as in England ; and that no tax, custom or imposition, should be laid in Virginia, nor forts nor castles erected therein, without the consent of the Grand Assembly.' " In 1673, Charles the Second having granted the whole province of Vir ginia to the Lords Culpepper and Arlington for thirty-one years, with the power to grant waste lands, receive quit-rents, form new counties, erect courts, and exercise similar acts of sovereignty, the colonists took alarm, and employed agents in England to apply to the crown,^rst for leave to purchase up this grant, and then for a new charter, which would secure the colony not only from the repetition of similar grants, but from other invasions of their rights. The application to the king's privy council by the colony's agents set forth ten provisions, which they asked that their new charter should contain ; one of which was, ' that no tax or imposition should be laid on the people of Virginia but by the Grand Assembly.' After the negotia tion of more than a year, the king, in conformity with the recommendation of his council, consented to all the requests, and directed a charter to'be pre pared accordingly. But either before the charter was executed, or, as some say, after execution, but before delivery, the news of Bacon's rebellion caused it to be stopped, and another substituted, in which, to the great dis appointment of the colonists, the most important provisions, including the one respecting taxation, were omitted. " In 1677, the House of Burgesses made a spirited opposition to an inva sion of their privileges by the agents of the crown. The commissioners who had been sent out from England to investigate the circumstances of Bacon's rebellion, and who had been invested with a general power of sending for persons and papers, had demanded the journals of the house. This demand the Burgesses peremptorily refused ; and their clerk being afterwards com pelled by the commissioners to surrender them, the house, at its next session, after reciting this ' act of illegal violence,' declared their belief that ' his majesty would not grant ' this power to the commissioner, for they ' find not the same to have been practised by any of the Kings of England ; ' they did, therefore, ' take the same to be a violation of their privileges,' They asked, moreover, for. satisfactory assurances that ' no such violation of their privileges should be offered for the future.' " This declaration of the Assembly, Charles, in his instructions to Lord Culpepper, the Governor of Virginia, stigmatizes as ' seditious,' and requires him to have erased from their proceedings. " From this time until the Revolution of 1688, the Governor of Virginia and the Assembly seem to have been in a state of continual collision. The popular and the government parties were more distinctly marked, and in a higher state of irritation against each other, than at any previous period ; 156 DEMOCRACY PREVAILS IN VIRGINIA. occasioned partly by the mutual injuries inflicted during Bacon's insurrec tion, and yet more by the vindictive course of the governor and the royalists which succeeded it, and partly from the more liberal notions of popular rights and constitutional law, which the progress of knowledge, and the discussions provoked by the arbitrary measures of the house of Stuart, had produced in every part of the British dominions. "In the year 1685 these bickerings rose to their greatest height. The" Governor of Virginia, Lord Howard, had, by proclamation, declared, that since an act of -1682, which repealed another act of 1680, had not received the royal assent, the act supposed to be ' repealed was still in force. The House of Burgesses, conceiving that the power now asserted might, by sus pending the exercise of the royal negative on the colonial laws, be used to revive laws that had been long disused, and -which every one supposed to have been repealed, made.such a spirited remonstrance against this and other offensive acts of the government, that the governor prorogued the Assembly. " The reigning monarch, James the Second, in a letter to Lord Howard, passes a harsh censure on these ' irregular and tumultuous ' proceedings of the house, the members of which, for thus presuming to question the negative voice intrusted to the governor, he does not hesitate to charge with ' disaf fected and unquiet dispositions,' and with purposely protracting their time on account of their wages ; and he therefore directs the governor to dissolve the Assembly. As the high wages of the members had long been a subject of complaint, the governor condescended to touch this popular string, by direct ing the king's letter ' to be publicly read in every county court, that the inhabitants and Burgesses may be made sensible how displeasing such obsti nate proceedings were to his majesty.' " This disagreement continued until 1689, when, on the accession of Wil liam and Mary, the liberal principles of the revolution prevailed, and pro duced a more conciliatory course towards the colonies. From this time until 1764, when the sjamp act was proposed, there was no collision between either the crown or its representative and the Assembly of sufficient importance to attract the notice of historian, except the illegal fee for patents claimed by Governor Dinwiddie, in 1754. This the Assembly voted 'illegal and oppressive.' They even sent an agent to England expressly to procure its repeal." During the whole period of her colonial existence, the affairs of govern ment were designedly shaped to no instructive end. But in this colony the perversity of man had become a lesson of wisdom, and royalty was per mitted fully to demonstrate its own pitiful nature. Democracy so com mended itself to the intelligent aristocracy of Virginia that they embraced its principles, and the errors of monarchy served to illustrate its great and per- FIRST SETTLEMENT OF SOUTH CAROLINA. 157 manent truths. The great statesmen of Virginia were the pupils both of experience and philosophy. The settlement of SOUTH CAROLINA,1 although commenced with avowed purposes of extending the gospel to the heathen, was conducted with a liberal spirit and an active eye to business. Men of every nation, sect and profession ; of every class and condition ; the unfortunate, the indigent, and the outlaw, — were invited with earnest encouragements, and influenced by substantial inducements, to emigrate to this favored territory. The soil and climate were represented as favorable to all the objects of industry; the bounty offered by the proprietors to emigrants was an important consideration to the poor and oppressed of foreign nations, — and the population of Carolina rapidly increased. Here met the Cavalier and Puritan, with repressed recollections; the English and the French, still swayed by national antipathies. Men of sober and severe habits of mind and body were joined by the thoughtless, who had been more accus tomed to observe the requisitions of fashion than of principle ; and the man . who counted labor as a blessing, however well supplied with the comforts of life, had for his companions those who, however destitute, had always viewed it as a curse. Here' were represented the industry and frugality of Holland, the cheerfulness of Ireland, the- firmness of England, the intelligence of Scotland, and the endurance of Switzerland ; citizens, with reasonable motives to enterprise ; speculators, with extravagant hopes and reckless pur poses ; and exiles, sobered by misfortunes and paralyzed by oppression.2 1 The first attempt at settlement in South Carolina we have any account of was by some colonists from Virginia, in 1660, who landed on Port Royal Island-; but they soon abandoned the enterprise. Ten years after (1670) a few emigrants from England, under Colonel Wil liam Sayle, landed at the same place, and commenced a settlement : but, for some cause or other, they continued here only a few months, and then removed eastwardly, and perma nently located themselves .on the banks of Ashley river, above Wappo creek. Here, on the first high land, they laid the foundation of a town, which, in honor of their king, they named Charleston. Two years afterwards the settlers found it expedient to remove to the opposite side of Ashley river, where the present city of Charleston was founded (1672). Upon the restoration of Charles II., this country (Carolina) was granted by him, in the year 1663, to Edward, Ear\ of Clarendon, and others, with extraordinary privileges, as in 1665 this charter was enlarged. It was divided into. North and South Carolina in 1729. — Mills' Statistics, South Carolina. 2 " To increase population seemed to be a primary object," says Ramsay. "There is no evidence of any plan to procure settlers of any uniform description, either as to politics or religion, further'than that a decided preference was given to Protestants. The emigrants were a medley of different nations and principles." "From England the colony received both Roundheads and- Cavaliers ; the friends, of the Parliament, and the adherents to the royal family. Young men reduced to misery by folly and excess ; restless spirits, fond of roving ; groups of settlers, from their attachment to particular leaders, — were to be found 158 locke's plan of government. With such a population in the beginning, — with a government marked out by one of the greatest minds of the age, and administered by men of active habits and strong theoretic convictions, — it becomes a subject of deep inte rest to learn the results, as embodied in the character of the community, or to be found in its organization. That the colony suffered from this diversity of condition and character is certain, — though it was in some considerable degree compensated by the activity to which it naturally led. It was rather the diversity of differences than the harmony of parts ; the application of theory, without due regard to fundamental principles. Yet, while this diversity was unfavorable to the permanency of a proprietary government, it must be admitted that its tend encies to freedom were strong and direct. The doings of the government were closely observed by the various classes of people, and with varying motives. Such a government is too near the people to have the influence of royalty ; too narrow in its policy to have the confidence of the Democracy. Proprietors cannot divest themselves of their private interests, and what may be proposed- as a public measure, is examined as a private bargajn. It is not in the nature of any man to be long an acceptable governor while his princi ples of government are made subordinate to pecuniary interests. The wants of men as citizens are of a much higher character than the wants of men as animals. When Locke,1 therefore, framed a government of succession with- among the early settlers. In 1671, under the auspices of Sir John Yeamans, there was a small colony from Barbadoes ; soon after, a valuable addition from the Dutch settlement of Nova-Belgia ; in 1679 King Charles n. ordered two small vessels to be provided at his expense, to transport to Carolina several Protestants, who proposed to raise wine, oil, silk, &c. ; in 1685 the revocation of the edict of Nantes contributed much to its population, and from these French emigrants have sprung families of the highest respectability. Besides the French refugees who came directly from France, there was a considerable number which, after a short residence in the northern countries of Europe and of America,, particularly from New York, repaired to this colony. In 1696 a Congregational church from Dorchester, Mass., with their minister, Rev. Jos. Lord, settled in a body near the head of Ashley river. From 1730 to 1750 great additions were made to the population. Contracts were made, bounties offered, free lands assigned, and other inducements held out to allure settlers from all nations. They came from England, Scotland, Ireland, Switzerland, Holland and Germany. Numbers of Palatines arrived every year. In 1755 there was a large number of exiles from Nova Scotia. The insecurity of life, liberty and property, in revolutionary France, and the indis- * criminate massacre of Frenchmen in St. Domingo, drove several hundreds, near the close of the eighteenth century, to the shores of Carolina." 1 The proprietors, anxious to improve their property, with the aid of the celebrated John Locke, framed a constitution and laws for the government of their colony. These were in substance as follows : " The eldest of the eight proprietors was always to be the palatine, and at his decease was to be succeeded by the eldest of the seven survivors. -This palatine was to sit as president of the palatines' court, of which he and three more of the proprietors made a quorum, and had the management and execution of the powers of their charter. This court was to stand in room of the king, and give their assent or dissent t'o all laws made by the legislature of the colony. The palatine was to have power to nominate and appoint locke's plan of government. 159 « out a proper estimate of the chances of change against the chances in favor of character ; when he adopted the assumption that a proprietary interest could be a permanent basis of government, even when subjected to the dicta tion of an uncertain Parliament, or a capricious king, — he certainly omitted to exercise his usual powers of discrimination, and failed to avail himself of that variety of knowledge in regard to man and "nature for which he was so distinguished.1 The want of a proper application of principles to. a condition of things as they exist; the absence of a disposition in the rulers to recog nize the peculiar wants and wishes' of the people to be governed, — are errors which never fail to produce consequences alike fatal to the peace and pros perity of society. As pride is a natural element in the character of man, self-respect is a sentiment which should be looked for in the peoplg. To attempt to crush, or to abase it, is to degrade men, without any certainty of control, even if successful ; while to develop and direct so elevating a senti ment, not only exalts the common standard of dignity, but leads to corre sponding developments of mind, which demand action and application. the governor, who, after obtaining the royal approbation, became his representative in Caro lina. Each of the seven proprietors was to have the privilege of appointing a deputy to sit as his representative in Parliament, and to act agreeably to his instructions. Besides a gov ernor, two other branches, somewhat similar to the old, Saxon constitution, were to be estab lished ; an upper and lower house of assembly : which three branches were to be called a parliament, and to constitute the legislature of the country. The parliament was to be chosen every two years. No act of the legislature was to have any force unless ratified in open parliament during the same session, and even then to continue no longer in force than the next biennial parliament, unless in the mean time it be ratified by the hands and seals of the palatine and three proprietors. The upper house was to consist of the seven deputies, seven of the oldest landgraves and cassiques , and seven chosen by the assembly. As in the i/ther provinces, the lower house was to be composed of the representatives from the different counties and towns. Several officers were also to be appointed, such as an admiral, a secre tary, u, chief-justice, a surveyor, a treasurer, a marshal and register, — and, besides these, eaoh county was to have- a sheriff and four justices of the peace. Three classes of nobility were to be established, called barons, cassiques, and landgraves, — the first to possess twelve, the second twenty-four, and the third forty-eight thousand acres of land, and their posses sions were to be inalienable. Military officers were also to be nominated ; and all inhabit ants, :from sixteen to sixty years of age, as in the times of feudal government, when regu larly summoned, were to appear under arms, and in time of war to take the field. With respect to religion, three terms of communion were fixed. First, to believe that there is a God. Secondly, that he is to be worshipped. And, thirdly, that it is lawful, and the duty of every man, when called upon by those in authority, to bear witness to the truth. Without acknowledging which, no man was permitted to be a freeman, or to have any estate or habitation in'Carolina. But persecution for observing different modes and ways of wor ship was expressly forbidden ; and every man' was to be left full liberty of conscience, and might worship God in that manner which he thought most conformable to the divine will and revealed word. — See Ramsay's S. C, vol. I., p. 31. 1 " Several of our American writers," says Bancroft, " have attempted to exonerate Locke from his share in the work which they condemn ; but the constitutions, with the exception I have named, are in harmony with the- principles of his philosophy, and with his theories on government." — Read Bancroft, vol. ii., p. 144. 160 REVOLUTIONARY MEASURES IN SOUTH CAROLINA. The people of Carolina appeared well to understand their own business wants ; and when they saw in their rulers the spirit of injustice, and a policy characterized by all the elements of selfishness and iniquity, they lost all confidence in the integrity of property agents, and all respect for the motives of those who confessed themselves to be their followers. Alive to that inde pendent,- spirit which is engendered by a companionship of men bringing together the sentimental nationalities of their various homes; moved by interests which had been nursed into life by hardships, and fostered by sacri fices ; sustained by the tests of experience, and warned by examples of treachery,— they sought, for relief in revolutionary measures without being false to the king, and expressed a greater confidence in a government that counte* them as a part of a nation than in a government that would degrade the colony to the narrow limits of a corporation. J 1 The most numerous party in the country were dissenters from the established church of England. The Cavaliers were highly favored by the proprietors, and were generally pre ferred to offices of trust. The Puritans, on the other hand, viewed them with great jealousy. Several of the first emigrants, unaccustomed to rural labors and frugal simplicity, were pampered citizens, whose wants luxury had increased and rendered impatient of fatigue. By such the sober lives and rigid morals of the Puritans were made the objects of ridicule. The Puritans retaliated by opposing their influence among the people. The odious terms of distinction which had prevailed in the mother country were revived and propagated. The same scenes of debate and contention which had taken place in England, before and after the restoration of Charles II., were acted over again on the little theatre of Carolina, — but with out bloodshed or legal prosecution. Disputes between the proprietors and settlers were of an early origin. The first contest was respecting advances for the encourage ment of the settlers. The economy of the proprietors and the necessities of the settlers could not easily be compromised. The one thought that they had already done too much ; the other, that they had not received enough. To the latter, requesting a supply of cattle to be sent out to them, the proprietors replied, as a reason for their refusal, " that they wished not to encourage graziers, but planters." It is from this epoch that we may date the prosperity of Carolina ; because she was then taught the important lesson, : — " That she must altogether depend on her own exertions." Two parties arose ; one in support of the prerogative and authority of the proprietors, the other in defence of the rights and liberties of the people. In this situation, no governor could long support his authority. From 1682 to 1686 there were no less than five governors. Rigorous measures led to riots, gentle means to contempt. Resort to martial law exasperated the people to such a degree against the governor, that, in 1690, at a meeting of the represent atives, a bill was passed for disabling Landgrave James Colleton from holding any office or exercising any authority, civil or military, within the province. He was banished by the people. He was followed by a usurper who rendered himself infamous by acts of injustice, — publicly tried before the assembly, found guilty and baniShed from the country. The colony was agitated by various questions of right and interest till 1719, when a revolution took place which changed the proprietary to a regal system of government. The people accused the pro prietors of being false to their own declarations, false to the great interests of religion, false to the demands of justice, false to the best interests of the colony and to the principles of freedom. They held a convention, appealed to the crown, invited the governor to leave or join them, and thus established a new government. Royalty unconsciously responded to the demands of Democracy. — See Ram-say's Hist. S. C, vol. I. NORTH CAROLINA. 16.1 After South Carolina1 had become a royal province, and the people had assimilated in tastes, habits and character, the government was conducted 1 Carolina was divided into two colonies, North and South, in 1719. The first settlement in North Carolina was at Cape Fear, by people from Massachusetts, in 1661. The most numer ous settlers in the north-western part of Carolina were Protestants, chiefly Presbyterians, from the north of Ireland. Bethabara was first settled by a company of Moravians, in 1753. Their numbers increased, and Bethany was begun in 1759, three miles from Bethabara. In 1763 they had built a church, and settled a teacher. Upon the arrival of the first Moravian colony directly from Europe, they began to build Salem, which was intended for a manufac turing town. They were joined by companies from Massachusetts and Maryland. In 1749, Neal M'Neal arrived at Wilmington, with his family and near six hundred colonists, young and old, from the Highlands, Scotland. They settled chiefly in Cumberland county ; but some of them settled in Anson, and others in Bloden. Another company of Highlanders arrived in 1754, and some afterwards. They came chiefly from Argyleshire ; many of them from Ila or Jura. North Carolina was " insulted and depressed," says Williamson, " by the weak or vicious administration of wicked judges and- worthless governors." " The laws that were made to support a religious establishment," says the same author, " retained their force ; for they were supported by the spirit of party. Learning was neglected, because it was of no party. ' ' The government of this colony was convulsed at different periods by riots and insurrections, and all the miseries of misrule visited upon the people. The most arbitrary acts were resorted to by the government to defraud the people of their property, and to deprive them of their rights. " The Regulating insurrection (1772) had its origin in the abuse of power," says Williamson, " and the depravity of civil officers. The laws had not been respected by men whose duty it was to see them executed. Sheriffs who collected the taxes, in many cases, were greatly in arrears ; and the public accounts were in a state of shameful disorder. In that situation of public affairs, it was not difficult to persuade illiterate and ignorant men that taxes should not be paid which probably would never be converted to public use." The terms of agreement adopted by the " Regulators " indicate integrity of purpose, if not judgment in respect to -proper means for their accomplishment. They united for " regulating public grievances of power, in the following particulars ; with others of the like nature that may occur. 1. That we will pay' no more taxes until we are satisfied they are agreeable to law and applied to the purposes therein mentioned, unless we cannot help it, or are forced. 2. That we will pay no officer any more fees than the law allows, unless we are obliged to it ; and then to show our dislike, and bear an open testimony against it." They then agree to hold meetings of conference, in order to consult their representatives on the amendment of such laws as may be found grievous or unnecessary ; to choose more suitable men than they had done for burgesses and vestry-men ; and to petition the houses of assem bly, governor, council, king and parliament, &c, for redress of grievances, for the full enjoyment of their constitutional rights and privileges. They agreed to abide by the decisions of a majority of their number, and took oath of their solemn determination to be faithful to the end. And yet, Williamson says : " The ' Regulators ' in North Carolina were universally royalists, commonly called tories, during the Revolution War. Many people of rank and fortune in the other colonies, who held public employments, or chanced to be otherwise connected with government, adhered to the royal cause ; but in North Carolina we could hardly discover among the royalists a man who might be deemed respectable from his fortune, his learning or his influence in society ; hardly a man who had ever sustained u. commission civil or military. The tories were a poor, ignorant race. A regiment of those people was commanded by a colonel who could not read. He was called Fanning the Unlearned. Their politics were founded on hatred of the people who had corrected them, not on principle." — Williamson's North Carolina, vol. ii., p. 164. 21 162 NEW YORK. with more extended views, and colonial interests were sustained as a part of public policy. These changes were followed by evidences of public and pri vate prosperity, which, though limited, gave to the people a long period of content. The population of the colony increased,- industry received its reward, and society its gratifications. But the heart of the colony was in England. South Carolina had not yet become the home of the people. It was only a country for a successful business ; and, while their trade was pros perous, the people gave but little attention to the current questions of govern ment. They sent a large portion of their children to England and Scotland to be educated ; and, while they discovered a growing taste for the refinements of society, they were slow to mature for themselves the < broad foundations of society itself. Still, their quiet enjoyment of rights, — where the discussion of rights was not made necessary for pecuniary protection ; their disposition to acquire knowledge under circumstances of exemption from the response bilities, of public duty, were sources of influence calculated to give freedom to mind, and the spirit of independence to man. Men, when permitted, unmo lested, to study the events of history, and the blessings and honors of patriot ism, are certain to be patriots when placed in power. This truth was con firmed by the spirited sons of South Carolina at the time of the Revolution. -Their intelligence gave them an abiding confidence in Democracy. NEW YORKi was commenced with no higher purposes than those of business. The pro prietors were conservative Dutchmen ; and, true to their proverbial reputa- Perhaps" if the historian had said that their politics were founded on a spirit of general distrust of those who had ruled over them, he would have done them more justice. The people of South Carolina had been relieved by royalty, although they saw no reason after wards to be true to their protector. The people of North Carolina, it seems, proved true to the power in which they had most confidence ; but that power was unable to save them. It was not because they were opposed to popular rights that they favored royalty, but for the opposite reason, that they believed that popular rights would be protected by royalty. North and South Carolina did not begin to prosper, says Chalmers, " until blessed with a simple form of government ; when the one acquired the manufacture of naval stores, the other the production of rice and indigo : which have made both, in modern times, populous, wealthy and great." — Annals, p. 552. 1 The North River was discovered by Henry Hudson, a commander in the Dutch service, in 1609. It was named in honor of its discoverer. The Dutch sent out ships to trade with the natives in 1610. Argall, an English commander, captured, in 1613, a few humble dwell ings which the Dutch had built on the island of Manhattan -, and this was the beginning of New York. In 1615 the Dutch settled Albany, which they called Fort Orange. The whole country claimed by them in virtue of Hudson's discoveryreeeived the name of the New Neth erlands. Manhattan Island was called New Amsterdam. In 1625 a settlement was com menced at Brooklyn, on Long Island. The Dutch claimed the whole country from Cape Cod to Cijpe Henlopen. It was claimed -by the English on the plea of prior discovery by Cabot. DUTCH WEST INDIA COMPANY. 163 tion, they favored no theory but that which gave preeminence to capital, and unconditional servility to labor. The Dutch West India Company,1 by whose facilities the settlement was made, and by whose authority the colonists were directed, was an organization as destitute of political character as its members were dead to the great objects of existence. The government of In 1643 the Dutch became involved with the India.ns, and in 1651 with the Swedes, who had settled on the Delaware. The Swedes were compelled to submit. In 1664 Charles II., as the English had never abandoned their claim to the country, made a grant of it to his brother, the Duke of York. The government of England was established over the whole colony in October, in 1664, without opposition, and its name was changed to New York. In a war between England and Holland, in 1673, the colony was reconquered by the Dutch, but was restored in the following year. In 1683 a colonial Assembly established a constitution, which was styled a charter of liberties. 1 The charter establishing the Dutch West India Company bears date the 3d of June, 1621. -It was modelled after that granted, in the beginning of the seventeenth century, to the celebrated East India Company. " The central power of this vast association was divided among five branches, or chambers, established in the different cities of the Netherlands, the managers of which were styled Lords Directors. Of these, that of Amsterdam 'was the principal; and to this was intrusted the management of the affairs of New Netherland. The general supervision and government of the company were, however, lodged in a board, or assembly, of nineteen delegates, eight (increased, in 1629, to nine) of whom were from the chamber at Amsterdam, four from Zea land, two from Meuze, and one from each of the chambers at Friesland, the North Depart ment, Groenengen. The nineteenth was appointed by their High Mightinesses the States General. • " Apart from the exclusive trade of the coast of Africa, from the tropic of Cancer to the Cape of Good Hope, and of the coast of America, from the Straits of Magellan to the extreme north, this company was authorized to form alliances with the chiefs of the native Indian tribes, and obligated to'advance the settlement of their possessions, encourage population, and do everything that might promote the interests of those fertile countries, and increase trade. lo protect their commerce and dependencies, they were empowered to erect forts and fortifi cations ; to administer justice and preserve order ; maintain police, and exercise the govern ment generally of their transmarine affairs ; declare war and make peace, with the consent of the States General ; and, with their approbation, appoint a governor, or director-general, and all other officors, civil, military, judicial and executive,- who were bound to swear alle giance to their High Mightinesses, as well as to the company. The director-general and his council were invested with all powers, judicial, legislative -and -executive, subject, some sup posed, to appeal to Holland ; but the will of the company, expressed in their instructions, or declared in "their marine or military ordinances, was to be the law in New Netherland, excepting in cases not especially provided for, when the Roman law, the imperial statutes of Charles V., the edicts,.,resolutions, and customs of Fatherland, were to be received as the paramount rule of action. " The States General engaged, among other things, to secure to the company freedom of navigation and traffic within the prescribed limits, and to assist them with a million of guild ers — equal to half a million of dollars ; and in case peace should be disturbed, with sixteen vessels of war and four yachts, fully armed and equipped ; the former to be at legist three hundred, and the latter of eighty tons burden. But these vessels were to be maintained at the expense of the company, which was to furnish, unconditionally, sixteen ships and four teen yachts, of like tonnage, for the defence of trade and purposes of war, which, with aU merchant vessels, were to be commanded by an admiral appointed and instructed by their High Mightinesses." — O' Callaghan, vol. i., p. 90. 164 HOLLAND AND NEW NETHERLAND. • Holland was as parsimonious in the expenditure of its power as the Dutch were reluctant to part with their stivers. The promises of the one, which proposed nothing but opportunity, were made consistent by the other, which afforded no position above that of labor.1 The nation, and its wealthy men, as monopolists, were in co-partnership. The nation granted no power that implied the risks of responsibility, — the monopolists promised nothing for character, that involved expense, beyond the lowest price and rudest condition. The avowed object of the colony was to extend the trade of the country that had given it so mean an existence. The people were counted as mere appur tenances to the corporation, a"nd Democracy was but another word for impo sition, and public sentiment a term of imbecility. Sovereignty became the travelling-guest of precarious fortune, and the rights of men were sold to the highest bidder. Religious opinions of all kinds were tolerated, — not from a sense of justice, but from a heartless indifference. Freedom of trade was forbidden. Everything for profit, nothing for principle, was their practical motto. Emigrants from all countries were invited to the colony, with every encouragement, apparently, that the persecuted would find peace, the unfor tunate comfort, and the industrious wealth. The invitation was not without its effect, and it was accepted by many.2 But they soon found themselves in one of Holland's work-shops, claimed as subjects of taxation, and assigned to posts of labor that increased the power of the monopoly, added to the hopes of the stock-holders in the Netherlands, and multiplied the restraints' of government. With a single eye to the business of the company, working- men were preferred, as best able to serve the colony ; and when they arrived they were permitted to elect between burthensome employments or pauper ism, — between a subordinate station or oppression. The commands of the company were absolute. All emigrants were required to promise obedience, without reference to time or conditions. To prevent free discussion, town- meetings were forbidden; and the people were deliberately advised that their good consisted in believing that Holland was the world, and that the Dutch West India Company. were its agents ; that money was national glory, and that Holland was its ultimate depository. Industry was looked upon as so much labor done, with utter indifference as to the means, whether by man or horse ; and education was prized just so far as it increased the productiveness of the laborer without adding to his wages. New Netherland was valued for the products of its country, and its natural sources of wealth ; and the people Were regarded as workmen employed, but not as men entitled to the privileges of citizenship. The reader will be at no loss what to anticipate from such a policy. The 1 Charter to Dutch West India Company, in Appendix. s See Appendix. OPPRESSIONS IN NEW NETHERLAND. 165 company could neither do justice to its own interests, nor protect the inter ests of others. x It was false to its masters, and oppressive to its servants. It was a benevolent dispensation of Providence that such a specimen of self ishness was given to the continent. It will ever afford an instructive example, to be contrasted with experiments of a different and opposite character in the other colonies. It will serve to show how indifferent to the public good a corporation is apt to be, in its attempts to increase its wealth, though the people employed may suffer from all the degradations of poverty, ignorance and vice. It will tend to illustrate the truth, that money without character is but an insignificant power, when compared to character without 'money. The oppressions of the company soon began to produce their natural consequences. The people divided. The passively indifferent, such as had experienced none of the delights of freedom, received their wages with an unmeaning silence. Some, those who had been frequent victims of misfortune, and whose broken courage failed them, were pressed, with their dependents, into the void of pauperism. Others, still influenced by hope, and sustained by physical vigor, decided upon a change, and left for Maryland and Virginia. Others, still, with an abiding spirit of self-determination, remained, to insist, to agi tate, and to conquer. Their remonstrances and declarations recite the griev ances inflicted by tyranny, and the remedies to be found in Democracy. 2 ! New Netherland cost the company, as it appears from their books, over half a million of guilders ($220,000), from the year 1626 to 1844 inclusive. — O'Callaghan, vol. ±., p. 350. 2 In May, 1653, Captain John Underhill, who had been the leader of the Dutch forces in the Indian war, hoisted the British Parliament colors, and issued " an address to the Com monalty of the Manhattans, on behalf of as many of the English and Dutch as were interested therein," declaratory of the motives " which impelled them to abjure the iniquitous govern ment of Peter Stuyvesant over the inhabitants living and residing on Long Island in Amer ica, and maintaining the justice and lawfulness of defending themselves and their rights, in a manner becoming a free people, against the oppressive administration of the said govern ment." This paper was couched in these bold and unscrupulous terms : " I. We have^transported ourselves hither at our own cost ; and many among us have purchased their lands from the Lidians, the right owners thereof. But a great portion of the lands which we occupy being as yet unpaid for, the Indians come daily and complain that they have been deceived by the Dutch secretary, called Cornelis, whom they have characterized, even in the presence of Stuyvesant, as a rogue, a knave and a liar ; asserting that he him self had put down their names in the book, and saying that this was not a just and lawful payment, but a pretence and fraud similar to that which occasioned the destruction of Thomas Hutchinson, Mr. Collins, and nine other persons. " II. He hath unlawfully retained from several persons their lands, which they had pur chased from the natives, and which were confirmed to them under the hand and seal of the previous governor. " HI. He hath unlawfully imposed taxes, contrary to the privileges of free men ; namely, six stivers per acre, chimney-money and head-money ; the tenth part of all our grain, flax, hemp and tobacco ; the tenth part of butter and cheese from those who pasture cattle ; exces sive duties on exported goods — fifteen stivers for a beaver ; all which taxes are to be paid by the poor farmer, to maintain a lazy horde of tyrants over innocent subjects. " IV. He hath, in violation of liberty of conscience, and contrary to hand and seal, enforced 166 OPPRESSIONS IN NEW NETHERLAND. Men were bold, and parties violent.1 Seeing tho source of their difficulties, the people had confidence in their ability to remove them. They began to articles (of belief) upon the people, ordering them otherwise, against the laws of God and man, to quit the country within two months. " V. He hath imprisoned both English and.Dutch, without trial setting them at liberty again, after a popish inquisition, to their great sorrow, damage and loss of time, himself not having any Patent from King James of England, the right grantor thereof. " VI. He hath, also, imposed general laws forbidding the inhabitants to sell their goods, or to brew their grain, without the approbation of his government. " VII. He hatbi neglected to avenge English and Dutch blood shed by the Indians since the peace. "VIII. He hath treacherously and undoubtedly conspired^ as proved, to murder all the English. " IX. He hath been guilty of barbarous cruelty towards Mr. Jacob Wolfertsen and his wife, at the time of the birth of their child. " X. He hath acted treacherously towards Thomas Newton ; for, notwithstanding the gov ernment had promised him safe and secure conduct, he hath ordered his arrest and surren dered him. " XI. He hath been guilty of the unheard-of act of striking with his cane an old gentle man, a member of his council, and hath publicly threatened every freeman who does not conform to his pleasure. "XH. He hath, moreover, imposed magistrates on freemen without election and voting. This great autocracy and tyranny is too grievous for any brave Englishman and good Chris tian any longer to tolerate. In addition to all this, the Dutch have proclaimed war against every Englishman, living wherever he may wish or like. '.' The above grounds are sufficient for all honest hearts, that seek the glory of God and their own peace and prosperity, to throw off this tyrannical yoke. Accept and submit ye, then, to the Parhament of England, and beware ye of becoming traitors to one another for the sake of your own quiet and welfare. " Written by me, John Underhill." Underhill was ordered to quit the province forthwith. — O' Callaghan, ii., p. 224. ' In December, 1653, the people called a, convention to deliberate upon their rights and privileges, and demanded that no new laws should be enacted without their consent. Ban-. croft gives the substance of their remonstrance and petition, from the Dutch originals, drafted by George Baxter. They say : " The States General of the United Provinces are our liege lords ; we submit to the laws of the United Provinces ; and our rights and privileges ought to be in harmony with those of the Fatherland, for we are a member of the state, and hot a subjugated people. We, who have come togetherfrom various parts of the world, and are a blended community of various lineage ; we, who have, at our own expense, exchanged our native lands for the protection of the United Provinces; we, who have transformed the wilder ness into fruitful farms, — demand that no new laws shall be enacted but with consent of the people, that none shall be appointed to office but with the approbation of the people, that obscure and obsolete laws shall never be revived." Here is an example of Democracy" from Holland (1653), and the Governor, SiuryjaANT, fairly represented the opposite party. In his reply, he said : "Will you set your names to the visionary notions of the New England man ? Is no one of the Netherlands' nation able to draft your petition ? And your prayer is so extravagant, — you might as well claim to send delegates to the assembly of their High Mightinesses themselves ! " Laws will be made by the Director and Council. Evil manners produce good laws for their restraint ; and therefore the laws of New Netherlands are good. 1 See note 1, next page. DEMOCRACY OF HOLLAND AND ENGLAND. 167 realize a proper self-respect ; to discover the responsible relations of industry as connected with mind ; and to discern that, in addition to the duties of clothing and feeding their bodies, they had souls to exercise, characters to form, and a society to redeem and perpetuate. The sun of liberty was shin ing upon the continent ; geographical lines could not intercept its light. It radiated from the south and from the north, and New Netherland could not long .remain in darkness. Democracy had been planted there from New England ; and the Puritan and Dutch Republican rejoiced together; recog nizing the great truths that industry harmonized with moral duty, that wealth was nothing without character, and that duty and character could be nothing without freedom.2, " Shall the people elect their own, officers ? — If this rule become our oynosure, and the election of magistrates be left to the rabble, every man will vote for one of his own stamp. The thief will vote for a thief ; the smuggler for a smuggler ; and fraud and vice will become privileged. " The old laws remain, in force ; directors will never make themselves responsible to sub jects."— Vol. n., p. 306. O'Callaghan makes a slight exception to the translation of Bancroft. He says: "The Director-general does not call Baxter ' a New England man ;' he calls him plainly an English man, as distinguishing him from a Dutchman, without any reference to New England." — Hist. New Netherland, vol. n. , p. "248. 1 " Traitor," " villain," " liar," were epithets flung at the Director-general with unspar ing hand ; and, notwithstanding the banishments and heavy fines were imposed on the libel lers, many threatened him with rougher usage when he should " take off the coat with which he was decorated by the lords his masters." — 0' Callaghan, i., p. 395. 2 O'Callaghan thinks that Bancroft does injustice to the Dutch in supposing that they derived their ideas of ' ' popular freedom ' ' from the Puritans. He says : " For more than a century previous to the period of which we now write, three hundred manors in the province of Holland alone enjoyed all the rights of free municipalities, and exercised civil and criminal jurisdiction, to a limited extent. In removing to another hemisphere the Dutch lost not their affection for .their native country and its institutions. They brought with them the names of those places to which they were most attached, and, in the course of time, transferred also to their new homes the municipal system which we have described above, and with which they were most conversant. " Those colonists who shall form within their limits such a settlement of people as to con stitute hamlets, villages, or even cities, shall obtain in such case middle and low jurisdiction, and the same rights as manors in the province of Holland ; and shall, in like manner, be capacitated also to bear and use the names and titles thereof. And the qualified persons of such cities, villages and hamlets, shall, in such case, be authorized to nominate for the office of magistrates a double number of persons, wherefrom a selection shall seasonably be made by the Director and Council, the appointment of a schout, secretary and court-messenger, remaining to the company ; with the understanding that the jurisdiction shall be holden in fief by the respective colonists and founders of cities and villages, to be disposed of and renewed, in case of the demise of those who shall be named, in manner hereinbefore stated. And justice shall be administered therein according to the style and order of the province of Holland, and the cities ahd manors thereof, to which end the courts there shall follow, as far as the same is possible, the ordinances received here in Amsterdam. " It was, then, to that republican state — to the wise and beneficent modifications of the feudal code which obtained there, and not to ' the Puritan idea of popular freedom ' intro duced by emigrants from Connecticut, as some incorrectly claim — that New Netherland and 168 DEMOCRACY OF HOLLAND AND ENGLAND. But New Netherland had its root in Holland, — the other colonies, in England. Holland had reached its period of unity ; England had commenced its period of extension and diversity. Holland was conservative, England democratic. Holland was a trader ; England, a missionary of truth. Eng land enjoyed a unity in sovereignty, and represented a principle ; Holland based its sovereignty on property, and was content to receive an interest. Cromwell saw the discordant elements in the Dutch colony ; but it was left to be removed by Charles II., and in time to be governed both by a royalist and a papist. The colony commenced with a gross abuse of a noble principle. The tyranny of wealth allows no grace. It appeals to the lowest motives, and ex tends but little favor to the generous affections or to the refinements of mind. Its attentions to society, as such, are but acts of condescension and com placency. The company soon saw that their plans were in no proportion to their wishes ; and, still having more confidence in property than in principle, they enlarged their errors, but failed to correct them. 1 Small proprietors, the several ¦ towns within its confines were indebted for whatever municipal privileges they enjoyed. The charters under which they were planted, the immunities which they obtained, were essentially of Dutch, and not of Connecticut origin ; and those who look to New England as the source of popular privileges in New Netherland fall, therefore, into an error, sanc tioned neither by law nor by history." — Vol. I., p. 392. With a little modification, both are right. O'Callaghan virtually admits the truth of Ban croft in giving the causes of the failure of the Dutch colony, and when he compares it with those of the English, and in assigning to the English so leading a part. Bancroft confirms the historical accuracy of O'Callaghan, when he says, " British officials sent home complaints of ' the Dutch Republicans ' as disloyal." — Vol. iv., p. 145. The Democrats of England were in advance of those of Holland ; but when they met in New Netherland they breathed the same atmosphere, loved the same soil, moved in the same light, honored the same principles, shared the same dangers, fought the same battles, and rejoiced in the same victories. 1 Seven years had now nearly elapsed since the incorporation of the West India Company, and five since that body had been in active operation, yet nothing had been done to carry out that part of the charter which obliged them to advance settlements and encourage population in those fertile countries in North America committed to their charge. A few servants of the company, connected with the trading-posts which served as a rendezvous for the neighboring Indians, were the only inhabitants, it may be said, of the extensive country claimed as New Netherland. Not a particle of the soil was reclaimed, save what scantily supplied the wants of those attached to the three forts which were erected within the limits of this rich and vast territory ; and the only exports were the spontaneous products of the forests. Experience had demonstrated, in the interim, that no benefits had accrued to the company from this plantation, under the present system of management, except what the peltries produced. The mode of life pursued by the people was very irregular, the expenses of the establishment excessively high, and the results not as flattering as anticipated. These considerations hav ing been frequently brought before the XIX,, it was finally determined that the resources of the country under their jurisdiction would be most efficiently developed by the planting of " colonies," or seignorial fiefs or manors, there. A meeting of the Assembly of the XIX. accordingly took place early this year. It was attended by commissioners from their High Mightinesses the States General, and directors and assessors on the part of the principal partners ; and a draft of a " charter of privileges PATR00NS OF NEW YORK. 169 with their industry, had not succeeded ; it now remained to be seen what could be done by large proprietors, with their wealth. They conceded to an aristocracy what belonged to the people ; and they soon found rivals in patroons,1 who consented to agreements because these established them in power, and not because of any general good intended for society or for man. And thus, as will be seen in the charter,2 were " transplanted to the free soil and exemptions," which was considered alike serviceable to the company and advantageous to the patroons, masters, and private individuals, who should plant colonies in New Netherland under its provisions, having been submitted, was referred forthwith to a committee for exam ination, which was instructed to report to a future meeting. — O' Callaghan, vol. i., p. 110. 1 In 1652 it was said that " the patroons have become so daringly enterprising as not only to abuse their privileges, but to presume to exclude the inhabitants of New Netherland from trading in their colonies, which is not only contrary to the law of nature, but opposed to the laws and customs of the land." — O' Callaghan, vol. u., p. 189. 8 Articles reported by a committee to the Assembly of XIX., who, on the seventh day of June, 1629, agreed to these important, concessions, which were duly ratified by the States General, and published in the following terms : "FREEDOMS AND EXEMPTIONS GRANTED BY THE . ASSEMBLY OF THE XIX. OF THE PRIVILEGED WEST INDIA COMPANY, TO ALL SUCH AS SHALL PLANT ANY COLONIES IN NEW NETHERLAND : " I. Such members of the said company as may be inclined to settle any coionie in New Netherland shall be permitted to send in the ships of this company going thither three or four persons to inspect the situation of the country, provided that they, with the officers- and ship's company, swear to the articles, so far as they relate to them, and pay for provisions and for passage, going and coming, six stuyvers per diem ; and such as desire to eat in the cabin, twelve stuyvers, and to be subordinate and give assistance like others, in caBes offens ive and defensive ; and if any ships be taken from the enemy, they shall receive, pro rata, their proportions with the ship's company, each according to his quality ; that is to say, the colonists eating out of the cabin shaU be rated with the sailors, and those who eat in the cabin with those of the company's men who eat at table and receive the lowest wages. " II. Though, in this respect, shall be preferred such persons as have first appeared and desired the same from the company. " IH. All such shall be acknowledged Patroons of New Netherland who shall, within the space of four years next after they have given notice to any of the Chambers of the Company here, or to the Commander or Council there, undertake to plant a coionie there, of fifty souls, upwards of fifteen years old ; one-fourth part within one year, and within three years after the sending of the first, making together four years, the remainder, to the full number of -fifty persons, to be shipped from hence, on pain, in case of wilful neglect, of being deprived of the privileges obtained ; but it is to be observed that the company reserve the island of the Manhattes to themselves. " IV. They shall, from the time they make known the situation of the places where they propose to settle colonies, have the preference to all others of the absolute property of such lands as they have there chosen ; but in case the situation should not afterwards please them, or that they should have been mistaken as to the quality of the land, they may, after remon strating concerning the same to the Commander and Council there, be at liberty to choose another place. " V. The Patroons, by virtue of their power, shall and may be permitted, at such places as they shall settle their colonies, to extend their limits four miles* along the shore, that is, * Equal to sixteen English miles. 22 170 PATROONS OF NEW YORK. of America," says O'Callaghan, "the feudal tenure and feudal burdens of continental Europe, a fact.remarkable principally as a characteristic of the era on one side of a navigable river, or two miles * on each side of a river, and so far into the country as the situation of the occupiers will permit ; provided and conditioned that the company keep to themselves the lands lying and remaining between the limits of colonies, to dispose thereof, when and at such time as they shall think proper, in such manner that no person shall be allowed to come within seven or" eight miles t of them without their consent, unless the situation of the land thereabout were such that the Commander and Council, for good reasons, should order otherwise ; always observing that the first occupiers are not to be prejudiced in the right they have obtained, other than, unless the service of the Company should require it, for the building of fortifications, or something of that sort ; remaining, moreover, the command of each bay, river, or island, of the first-settled coionie, under the supreme jurisdiction of their High Mightinesses the States General, and the company ; but that, on the next colonies being settled on the same river or island, they may, in conjunction with the first, appoint one or more council, in order to consider what may be necessary for the prosperity of the colonies on the said river and island. " VI. They shall forever possess and enjoy all the lands lying within the aforesaid limits, together with the fruits, rights, minerals, rivers and fountains thereof; as .also the chief command and lower jurisdictions, fishing, fowling and grinding, to the exclusion of all others, to be holden from the company as, a perpetual inheritance, without it ever devolving again to the company, and in case it. should devolve, to be redeemed and repossessed with twenty guilders per coionie, to be paid to this company, at the chamber- here, or to their com mander there, within a year and six weeks after the same occurs, each at the chamber where he originally sailed from ; and further, no person or persons whatsoever shall be privileged to fish and hunt but the Patroons and such as they shall permit ; and in case any one should ' in time prosper so much as to found one or more cities, he shall have power and authority to establish officers and magistrates there, and to make use of .the title of his coionie, according to his pleasure and to the quality of the persons. "VEL There shall likewise be granted to all Patroons who shall desire the same, venia testandi, or liberty to dispose of their aforesaid heritage, by testament. " VIII. The Patroons may, if they think proper, make use of. all lands, rivers and woods, lying contiguous to them, for and during so long a time as this company shall grant them to other patroons or particulars. "IX. Those who shall send persons over to settle colonies shall furnish them with proper instructions, in order that they may be ruled and governed conformably to the rule of gov ernment made, or to be made, by the Assembly of the Nineteen, as well in the political as in the judicial government ; which they shall be obliged first to lay before the directors of the respective colleges. "X. The Patroons and Colonists shall be privileged to send their people and effects thither, in ships belonging to the company, provided they take the oath, and pay to the com pany for bringing over the people as mentioned in the first article : and for freight of the goods five per cent, ready money, to be reckoned on the prime cost o'f the goods here ; in which is, however, not to be, included such creatures and other implements as are necessary for the cultivation and improvement of the lands, which the company are to carry over with out any reward, if there is room in their ships. But the Patroons shall, at their own expense, provide and make places for them, together with everything necessary for the support of the creatures. " XI. In case it should not suit the company tp send any ships, or in those going there should be no room ; then the said Patroons, after having communicated their intentions, and after having obtained consent from the company in writing, may send their own ships or vessels • * Or eight English miles. t Thirty-two English miles. PATROONS OF NEW YORK. 171 in which it was produced. It bears all the marks of the social system which prevailed at the time, not only among the Dutch, but among the other nations thither : provided, that in going or coming they go not out of their ordinary course ; giving security to the company for the same, and taking on board an assistant, to be victualled by the Patroons, and paid his monthly wages by the company ; on pain," for doing the contrary, of forfeiting all the right and property they have obtained to the coionie. " XH. Inasmuch as it is intended to people the island of the Manhattes first, all fruits and wares that are produced on the lands situate on the North River, and lying thereabout, shall, for the present, be brought there before they may be sent elsewhere ; excepting such as are from their nature unnecessary there, or such as cannot, without great loss to the owner thereof, be brought there ; in which case the owners thereof shall be obliged to give timely notice in writing of the difficulty attending the same to the company here, or the com mander and council there', that the same may be remedied as the necessity thereof shall be found to require. "XUI. All the Patroons of colonies in New Netherland, and of colonies on the island of Manhattes, shall be at liberty to sail and traffic all along the coast from Florida to Terra Neuf, provided that they do again return with all such goods as they shall get in trade to the island of Manhattes, and pay five per cent, for recognition to the company, in order, if possi ble, that after the necessary inventory of the goods shipped be taken, the same may be sent hither. And if it should so happen that they could not return, by contrary streams or other wise, they shall, in such case, not be permitted to bring such goods to any other place but to these dominions, in order that under the inspection of the directors of the place where they may arrive they may be unladen, an inventory thereof made, and the aforesaid recognition of five per cent, paid to the company here, on pain, if they do the contrary, of the forfeiture of their goods so trafficked for, or the real value thereof. " XIV. In case the ships of the Patroons, in going to, or coming from, or sailing on the coast from Florida to Terra Neuf, and no further, without our grant, shall overpower any of the prizes of the enemy, they shall be obliged to bring, or cause to be brought, such prize to the college of the place from whence they sailed out, in order to be rewarded by them ; the company shall keep the one-third part thereof, and the remaining two-thirds shall belong to them, in consideration of the cost and risk they have been at, all according to the .orders of the company. " XV. It shall be also free for the aforesaid Patroons to traffic and trade all along the coast of New Netherland and places circumjacent, with such goods as are consumed there, and receive in return for them all sorts of merchandise that may be had there, except beavers, otters, minks, and all sorts of peltry, which trade the company reserve to themselves. But the same shall be permitted at such places where the company have no factories, conditioned that such traders shall be obliged to bring all the peltry they can procure to the island of Manhattes, in case it may be, at any rate, practicable, and there deliver to the Director, to be by him shipped hither with the ships and goods ; or, if they should come here, without going there, then to give notice thereof to the company, that a proper account thereof may be taken, in order that they jnay pay to the company one guilder for each merchantable beaver and otter skin ; the property, risk, and all other charges, remaining on account of the Patroons, or owners. "XVI. All coarse wares that the colonists of the Patroons there shall consume, such as pitch, tar, weed-ashes, wood, grain, fish, salt, hearthstone, and such like things, shall be brought over in the company's ships, at the rate of eighteen guilders ($7.20) per last ; four thousand weight to be accounted a last, and the company's ship's crew shall be.obliged to wheel and bring the salt on board, whereof ten lasts make a hundred. And in case of the want of ships, or room in the ships, they may order it over at their own cost, in ships of their own, and enjoy in these dominions such liberties and benefits as the company have 172 PATROONS OF NEW YORK. which had adopted the civil law. The ' colonies ' were but transcripts of the ' lordships ' and ' seigneuries ' so common at this period, and which the granted ; but in either case they shall be obliged to pay, over and above the recognition of five per cent. , eighteen guilders for each hundred of salt that is carried over in the company's ships. " XVII. For all wares which are not mentioned in the foregoing article, and which are not carried by the last, there shall be paid one dollar for each hundred pounds weight ; and for wines, brandies, verjuice and vinegar, there shall be paid eighteen guilders per cask. " XVIII. The company promises the colonists of the Patroons that they shall be free from customs, taxes, excise, imposts, or any other contributions, for the space of ten years ; and after the expiration, of the said ten years, at the highest, such customs as the goods are taxa ble with here for the present. " XIX. They will not take from the service of the Patroons any of their colonists, either man or woman, son or daughter, man-servant or maid-servant ; and though any of them should desire the same, they will not receive them, much less permit them to leave their Patroons, and enter into the service of another, unless on consent obtained from their Patroons in writing ; and this for and during so many years as they are bound to their Patroons ; after the expiration whereof, it shall be in the power of the Patroons to send hither all such colo nists as will not continue in their service, and until then shall not enjoy their liberty. And all such colonists as shall leave the service of his Patroon and enter into the service of another, or shall, contrary to his contract, leave his service ; we promise to do everything in our power to apprehend and deliver .the same into the hands of his Patroon, or attorney, that he maybe proceeded against, according to the customs of this country, as occasion may require. "XX. From all judgments given by the courts of the Patroons for upwards of fifty guil ders ($20) there may be an appeal to the company's commander and council in New Neth erland. " XXI. In regard to such private persons as on their own account, or others in the service of their masters here (not enjoying the same privileges as the Patroons), shall be inclined to go thither and settle ; they shall, with the approbation of the Director and council there, be at liberty to take up as much land, and take possession thereof, as they shall be able prop erly to improve, and shall enjoy the same in full property either for themselves or masters. " XXII. They shall have free liberty of hunting and fowling, as well by water as by land, generally, and in public and private woods and rivers, about their colonies, according to the orders of the Director and council. " XXIII. Whosoever, whether colonists of Patroons for their Patroons, or free persons for themselves, or other particulars for their masters, shall discover any shores, bays, or other fit places for erecting fisheries, or the making of salt ponds, they may take possession thereof, and begin to work on them in their own absolute property, to the exclusion of all others. And it is consented to that the Patroons of colonists may send ships along the coast of New Netherland, on the cod fishery, and with the fish they catch to trade to Italy, or other neutral • countries, paying in such cases to the company for recognition six guilders ($2.40) per last ; and if they should come with their lading hither, they shall bfe at liberty to proceed to Italy, though they shall not, under pretext of this consent, or from the company, carry any goods there, on pain of arbitrary punishment ; and it remaining in the breas.t of the company to put a supercargo, on board each ship, as in the eleventh article. " XXIV. In case any of the colonists should, by his industry and diligence, discover any minerals, precious stones, crystals, marbles,-or such like, or any pearl fishery, the same shall be and remain the property of the Patroon or Patroons of such colony ; giving and ordering the discoverer such premium as the Patroon shall beforehand have stipulated with such colo nist by contract. And the Patroons shall be exempt from all recognition to the company for the term of eight years, and pay only for freight, to bring them over, two per cent., and PATROONS OF NEW YORK. 173 French were establishing, contemporaneously, in their possessions north of New Netherland, where most of the feudal appendages of high and low juris diction, mutation fines, preemption rights, exclusive monopolies of mines, minerals; water-courses, hunting, fishing, fowling, and grinding, which we find enumerated in the charter to patroons, form part of the civil law of the country at the present day. But, however favorable the feudal tenure may be to a young country, and to agriculturists of small capital, whose interest it might be to husband their scanty means, in order the quicker and more effectually to enable them to reclaim their wild land, it cannot be denied that the charter before us had many faults and many imperfections. ' While it secured the right of the Indian to the soil,' says Moulton, ' and enjoined schools and churches, it scattered the seeds of servitude, slavery and aristoc racy. While it gave to freemen as much land as they could cultivate, and exempted colonists from taxation for ten years, it fettered agriculture by restricting commerce and prohibiting manufactures.' " Here was another element of aristocracy to be tested on the continent, and to be made subordinate to Democracy. It was a necessary specimen to be exhibited in its results. The experiment found safety in its limits ; a,nd all the good that could come from it was realized without any of its dangers. after the expiration of the aforesaid eight years, for recognition and freight, the one-eighth part of what the same may be worth. " XXV. The company will take all the colonists, as well free as those that are in service, under their protection, and the same against all outlandish and inlandish wars and powers, with the forces they have there, as much as lies in their power, defend. "XXVI. Whosoever shall settle any coionie out of the limits of the Manhattes Island, shall be obliged to satisfy the Indians for the land they shall settle upon, and they may extend or enlarge the limits of their colonies if they settle a proportionate number of colonists thereon. "XXVII. The Patroons and colonists shall in particular, and in the speediest manner, endeavor to find out ways and means whereby they may support a minister and schoolmaster, that thus the service of God and zeal for religion may not grow cool, and be neglected among them ; and that they do, for the first, procure a comforter of the sick there. " XXVin. The colonies that shall happen to lie on the respective rivers or islands (that is to say, each river or island for itself) shall be at.liberty to appoint a deputy, who shall give information to the commander and council of that Western quarter of all things relating to his coionie, and who are to further matters relating thereto, of which deputies there shall be one altered, or changed, in every two years ; and all colonies shall be obliged, at least once in every twelve months, to make exact report of their coionie and lands thereabout, to the commander and council there, in order to be transmitted hither. " XXIX. The colonists shall not be permitted to make any woollen, linen or cotton cloth, nor weave any other stuffs there, on pain of being banished, and as perjurers to be arbitra rily-punished. " XXX. The company will use their endeavors to supply the colonists with as many blacks as they conveniently can, on the conditions hereafter to be made ; in such manner, however, that they shall not be bound to do it for a longer time than they shall think proper. " XXXI. The company promises to finish the fort on the island of the Manhattes, and to put it in a posture of defence without delay." 174 BASIS OF THE EMPIRE STATE. Its temporary inconveniences are of but little consequence when compared to the extent of its practical influences. The Dutch West India Company were faithful to the property element from first to last. They first attempted to serve themselves, and then the aristocracy. They were first disappointed, and then mastered. The people, who had been, counted nothing by either party, soon had the power to destroy the controlling influence of both ; and what began in oppression ended in the blessings of Democracy. Thus was laid the broad basis of the Empire State. The property influence -ranged upon the entire scale of enterprise, from the profits of the meanest laborer to the income of the feudal lord. The "Dutch Republicans" asserted the dignity of citizenship, and the patroons soon real ized that they could ask for nothing higher. Such a beginning afforded noble opportunities to test the conquering 'principles of Democracy, and to exhibit its glorious triumphs in every form of unparalleled prosperity. The massive machinery of monopoly, sustained by the government of a proud and persevering republic, was made to yield to individual enterprise ; and what was designed to fill the strong coffers of Holland became the gain of its humblest sons and their most worthy descendants. Their characteristics are briefly given by Chancellor Kent. He says : " They were grave, temperate, firm, persevering men, who brought with them the industry, the economy, the simplicity, the integrity and the bravery, of their Belgic sires ; and with those virtues they also imported the lights of the Roman civil law, and the purity of the Protestant faith." But New York was surrendered to be dismembered by a papist, and by a papist to be blessed with the institutions of freedom. 1 A portion of the ter- 1 In 1683, Thomas Dongan, a papist, was appointed governor of New York, "with instruc tions to convoke a free legislature." — See Bancroft, n., 414. The assembly consisted of seventeen members, and never exceeded twenty-seven down to the commencement of the Revolutionary War. It exercised a discretionary power as tothe grant of supplies for the support of government. This was a constant source of difference between the assemblies and the governors, — the latter invariably wishing for a permanent provision. Fletcher began the struggle in 1696, and it continued as long as England appointed governors for New York. — See Dunlap, i., 134. On the 17th of October, 1683, " about seventy years after Manhattan was first occupied," says Bancroft (n., 414), " about thirty years after the demand of the popular convention by the Dutch, the representatives of the people met in assembly ; and their self-established ' Charter of Liberties ' gave New York a place by the side of Virginia and Massachusetts. "The 'Charter of Liberties' declared 'supreme legislative power' shall forever be and reside in the governor, council and people, met in general assembly. Every freeholder and freeman shall vote for representation without restraint. No freeman shall suffer but by judgment of his peers ; and all trials shall be by a jury of twelve men. No tax shall be assessed, on any pretence whatever, but by the consent of the assembly. No seaman or soldier shall be quartered on the inhabitants against their will. No martial law shall exist. No person, professing faith in God by Jesus Christ, shall at any time be anyways disquieted or questioned for any difference of opinion." EARLY SETTLEMENT OF NEW HAMPSHIRE. 175 ritory, before the conquest, had been assigned, by the Duke of York, to Lord Berkeley and Sir George Carteret, and called New Jersey. New Jersey was soon characterized by the godly government of the Puri tans ; and the people of New York, after passing through many changes, asserted the Democratic platform in tlieir charter of liberties. Both colonies had the political benefit of repeated contests between England and Holland, and both colonies had opportunities to study political economy in the exam ples of practice to be seen in the people of different religious creeds, and to discover that where Democracy prevailed toleration and prosperity followed as consequences. The party contests of New York, after its surrender to. the English, were in keeping with the character of the people already established. Collisions between the royal governors and the colonial assemblies were constant, bitter, and exciting. Merchants1 and large landholders2 saw their true interests in Democracy,3 and the property power and the people became allies. But there were other experiments in colonization based upon the property element, and in New England. The character of Massachusetts was tested as the proprietor of Maine;' and the contrast between her government and that of Holland over New York affords an instructive lesson in history. NEW HAMPSHIRE"' was made the subject of sale and mortgage by speculators ; but character had been established before interest, and rights were prized above property. 1 In a letter to the. Board of Trade, 1752, Clinton says, " The faction in this province con sists chiefly of merchants." — " Entire disregard of the laws of trade." 2 The large landholders — whose grants, originally prodigal, irregular and ill-defined, promised opulence for generations — were equally jealous of British authority, which threat ened to. bound their pretensions, or question their titles, or, through Parliament, to impose a land tax. — Bancroft, iv., p. 147. 3 (1691.) Dunlap says, "Jacob Leisler, a simple burgher and merchant, becomes a dig nified object, when the choice of his fellow-burghers, freeholders of New York, place him as their commander-in-chief, in opposition to tjie lieutenant-governor of the tyrant and bigot James, for the purpose of preserving civil liberty. Party, which is indispensable to popular government, may be said, if not to have had its birth at the time in New York, at least to have taken its ' form and pressure ' as it exists in this day. We see in that party of which Leisler was the head the germ of our present democratic representative government." — Hist. N. Y., vol. I., p. 210. The error of tracing the origin of parties to circumstances, instead of principles, is a common one. This will be made obvious in a future chapter, that will be devoted to notices of distinguished Democrats of all ages, with a classification of subjects upon which they have acted. It will be given in the Appendix. 4 New Hampshire was discovered by Captain John Smith, in 1614. In 1623 the first set tlement was made at Dover and Little Harbor, near Portsmouth, under a grant obtained of the Plymouth Company, in 1622, by Gorges and Mason. The territory comprised in the grant was called Laconia, and it embraced a part of the present State of Maine. In 1629 176 EARLY SETTLEMENT OF NEW HAMPSHIRE. A few hardy adventurers were the pioneers of this region, who, though not impelled by the zeal of the Puritan, were well fitted for the labors of the forest, and the dangers of a wilderness inhabited by the savage. They were soon to be helped, however, by the - persecutions of Scotland and Massachu setts ; and the dissenters of two hemispheres met to embrace among the granite hills. " The first settlers of New Hampshire," says Barstow, " were a few mer chant adventurers.1 They were not distinguished for literature or religion. They did not come, like the Pilgrims, ' Breaking the depths of the desert's gloom With their hymns of lofty cheer. ' Yet they were, like them, a bold and hardy few. Forsaking their English homes in quest of better fortune, they opened a path over the ocean, and chose the wildest solitudes of nature for the scene of their experiment. Their energy and perseverance, their fortitude and courage, made them the terror of the Indians, and fitted them for the struggles of freedom against oppression. They were obliged to fight and conquer a savage foe. They gained their subsistence by a constant warfare against the obstacles of nature. They went out to the field of toil with arms in their hands. While the name of New Hampshire was given to this territory. In 1641 the people placed them selves under the government of Massachusetts, and thus remained till 1680, when New Hampshire became a separate royal province. In 1686 the authority of Andros was extended over the province ; but when he was deposed, the people of New Hampshire took the govern ment into their own hands. In 169Q they again placed themselves under Massachusetts ; were separated again in 1692, and once more annexed in 1699. In 1741 Massachusetts and New Hampshire were severed for the last time. 1 In the council of Plymouth there were two men whose fame belongs to New Hampshire. These were Ferdinando Gorges and Captain John Mason. In 1622 they resolved to unite their fortunes. They procured a joint grant of the province of Laconia. This comprised all the land between the rivers Merrimac' and Sagadahock, extending back to the great lakes and the river St. Lawrence. In 1629 Laconia was divided between Mason and Gorges. The wild region east of Piscataqua was relinquished to Gorges, and took the name of Maine ; while the tract west of this river, and extending back into the country sixty miles, was con firmed to Mason. He had resided in the county of Hampshire, England, and he called this grant New Hampshire. Both Gorges and Mason were deluded by golden dreams, and attempted no settlement but with motives to wealth, and did not even establish a govern ment. Previous to the surrender of the patent of New England to the king, Gorges and Mason had taken care to secure to themselves some portion of the expiring interest. That of Mason comprehended both of his former patents ; and, in September following, Gorges sold to him a tract of land on the north-east side of the Piscataqua. Mason died in 1635 ; and in 1692 his heirs sold their title, to New Hampshire to Samuel Allen, of London, who was appointed governor. He did not come to America till 1698, and his administration lasted but one year. He revived the Masonian claim.; and, after his death, his son again in 1715, but without success. The death of the son relieved the people of this long and distracting controversy — See Barstow' s New Hampshire. NEW HAMPSHIRE AND MASSACHUSETTS. 177 with their axes they bowed the woods, their firelocks leaned against the near est trees. Their swords hung at their sides. In the character of these men avarice and romance were blended. "After them came a band of the persecuted. They were driven from a neighboring colony ' for conscience' sake.' These shared the perils of the others. Their character took its impress from the troubled scenes in which their lives were passed. Their days, also, were devoted to the fields of toil and battle. Their descendants were nurtured from childhood in the midst of hardships. They were taught in the school of adversity. Resolution, firmness of purpose and patient endurance, impress themselves on their char acter, and mark their history. "The next and most brilliant period of New Hampshire colonization is that which is connected with the history of Scotland. The border romances, the songs of the bard, the Covenanter's honest faith, and all the proud recol lections and glorious memories of the land of Burns, were to be transported to the wild woods of New Hampshire. They came with the settlers of Londonderry."1 In 1641, when New Hampshire was united to Massachusetts, " four dis tinct governments had been formed on the several branches of the Piscata qua. These combinations were but voluntary. agreements. They might be invaded by capricious leaders,- or dashed asunder by the first wave of popular discontent. The people were too much divided to form any general plan of government, and the distracted state of the mother country cut off all hope of the royal attention. In this state of. things, the minds of the more con siderate men were turned to a union with Massachusetts. The affair was agitated for more than a year ; and, on the 14th of April, 1641, it was con cluded by an instrument of union, subscribed in the presence of the General Court. Thus did Massachusetts spread her jurisdiction over the Piscataqua settlements. Her laws now took immediate effect in New Hampshire, and the histories of the two plantations, for a period of thirty-eight years, become blended together. The population of New Hampshire at this time did not exceed one thousand, which was about one-twentieth of the whole population of the American Colonies. When the act of union took place, one extraor dinary concession was made to New Hampshire. By a law of Massachu setts, a test had been established which provided that none but church-mem bers should vote in town affairs, or sit as members of the General Court. This gospel requisite was dispensed with in favor of New Hampshire mem bers, and her freemen were permitted to vote in town affairs, and her depu ties to sit in the General Court, without regard to religious qualifications; an amazing stride in liberality, — a stretch of toleration, which some declared 1 Barstow, p. 6. 23 178 or: sessions in new Hampshire. to amount to absolute atheism, and others looked upon as the entering wedge of impiety, destined to sunder the goodly bands of society. It sent a shud der through the whole body of the church. "Under the new order of things, Wheelright1 was no longer safe. His sentence of banishment was still in force ; and when the laws of Massachu setts took effect in New Hampshire, he was obliged to make another remove to escape the sword of persecution. Attended by a few faithful followers, he withdrew to Wells, in Maine, and there gathered a small church. He was afterwards permitted to return, and exercise his ministry at Hampton."2 The proprietors of this territory had not learned to distinguish between ownership in land and the rights of man. They saw no sovereignty but in property, and claimed a jurisdiction coextensive with geographical bounda ries, regardless of the occupants of the soil. The character of this sover eignty was soon summarily exemplified by the English government in the decision that the unoccupied lands only were subject to their control, and that all questions of title to the soil which had been improved must be submitted to the colonial courts. Thus England -acknowledged a sovereignty in the Democracy of New Hampshire, and the claimants of Mason found themselves simply citizens among others, and placed upon the common level of equal rights. To give form to the,colony, with a view to cooperate with the pro prietors, and to adjust their interests'as connected with those of the people, New Hampshire was separated from Massachusetts, and made a royal prov ince. A governor was appointed, and conditions declared in respect to govern ment. The conditions of the king and the proprietary were defined,' and the rights of the people explained, but not conceded. Royalty asserted a sover eignty in an alliance with the representatives of property, and a party was organized to execute the narrow purposes of the unholy coalition.3 The peo ple were distracted by frequent lawsuits, judges were blinded by corruption, juries packed,4 and even the old machinery of ecclesiastical power was turned 1 Wheelright and Cromwell were at the university together. When Cromwell was Lord Protector, Wheelright visited England, and was received very kindly by his old acquaintance. " I remember the time," said Cromwell, turning to the gentlemen then about him, " when I have been more afraid of meeting Wheelright at football than of meeting any army since in the field." — Barstow, p. 54. 2 Barstow, p. 53. 3 In 1682, when the claim of Mason was revived, " by a deed, Mason surrendered to the king one-fifth part of all quit-rents, for the support of the governor, and gave to Cranfield (who had been appointed governor, and who had no motives above those of speculation) a mortgage of the whole province for twenty-one years, as collateral security for the payment of his salary." — Bancroft, ii., 117. 4 In a petition (1685) from " loyal subjects " of New Hampshire to his majesty, they say " that they had, for more than fifty years, been peaceably possessed of the lands lately chal lenged by Mr. Mason," &c. — Belknap, i. App. xcii. EARLY SETTLEMENT OF GEORGIA. 179 upon its rusted pivots, to aid men who could neither dispense justice as the agents of the throne, nor comprehend the reasonableness of its connection with their particular interests. But the people were alive to the full exercise of their rights, and the spirit of Democracy asserted self-government with an independence that was in harmony with their character, though at war with the self-complacent enemies of popular liberty.1 A Democratic party was organized, associations formed, and party contests were of frequent occur rence among the people and in the assembly. Property soon became subor dinate to principle, and conservatism gradually surrendered to Democracy. New Hampshire was surrounded and filled with circumstances favorable to growth, strength, and independence. Its proximity to Massachusetts, and the lofty training to which it was so long subjected by so powerful a neigh bor ; its uninterrupted beginning and early establishment in the great prin ciples of Democracy ; the unanimity of its people in defending their rights against the encroachments of the king and his agents, — were sources of enlarged views, inspiring encouragements, and confirming resolutions. But in singular contrast with the experiment of the Dutch West India Company in New Netherland, another and a nobler principle remained to be tested in the last of the thirteen colonies, GEORGIA.2 This was purely an experiment of benevolence, — a colony to be based upon "charity, that beautiful and winning grace, that diamond cincture, which binds together the fair sisterhood of virtues." It was a noble tribute to the brightest features of humanity, and a magnificent test of public sen timent in England. " That for the last two yeare's and upward dureing the whole management of Mr. Mason's suits at law against your majesty's subjects, there hath been generally one jury returned to serve all the said issues with little alterations and almost constantly one foreman (who for that end wee are apt to feare) was early complied with by Mr. Mason for all the lands in his own possession formerly, with addition of several other lands to his ojvne proffitt." — Bel knap, i., xcii., xciii. App. 1 In 1680 a general assembly was convened at Portsmouth. The rights of the colony were asserted by a solemn decree, the first in their new code : " No act, imposition, law, ordinance, sh*.ll.be valid, unless made by the assembly and approved by the people." Thus did New Hampshire seize the earliest moment of its separate existence to express the great principle of self-government, and take her place by the side of Massachusetts and yirginia. The code was disapproved in England, " both for style and matter ; and its provisions were rejected as incongruous and absurd." — Bancroft, li., 116. 2 In 1729 a project was formed for the settlement of a colony upon the unoccupied territory between the rivers Savannah and Altamaha, to be called Georgia. Upon application, George II. granted a oharter, in 1732, to the company, consisting of Lord Percival and twenty oth ers, among whom was the celebrated Oglethorpe, and incorporated them by the name of the Trustees for establishing the Colony of Georgia in America. In 1752 the charter was surren dered to the crown, and Georgia became a royal province. 180 GREAT SCHEME OF BENEVOLENCE. That the first successful colony should be a company of exiles, and that the last emanation of the colonizing spirit of Great Britain to America should be an act of good-will towards the unfortunate, presents a phase in life as beautiful as it is extraordinary. The Earl of Chesterfield may have deemed a parliamentary connection between royalty and charity " indecent," but such a fastidious sensibility would hardly be sustained by public opinion, either in its fretful moods or reflective moments.1 Men have not yet ceased to theorize, and to try experiments narrowed to a small fraction of their elements, and adding still to the experience of the past, that no theory will be confirmed by the practical tests of time, unless framed with distinct purposes, comprehending, all the faculties of the mind in their greatest activity in relation to external objects. The faculties are to be trained and developed together. They are to be applied to the discern ment of things, of people, and" of nations, as they exist together. Isolation in philosophy is an absurdity. Nothing is to be studied by itself. AH things were made for some purpose, and bear to one another a certain rela tionship which teaches the great truth of adaptation in the parts, and a har mony in the whole. A single idea, a single faculty, may travel forward in advance of its natural company, it may be, to "prepare, the way for its companions or contemporaries, but it either has to wait their arrival,, or to return to their circle, before it can enter into a full and complete demonstra tion to show its truth or practical importance. The subdivision of labor gives to every man the work for which he is peculiarly fitted. The world is infinite in its variety, and no part of this variety can be neglected or detached with impunity. The composition of progress is a unity, — and as the plan ets throw off from their surface occasional fragments, to be returned toward their centres by the laws, of gravitation, so progress, in. the Sights of mind. springs from the active in society, to be returned to the common bosom of thought. i An appropriation bill was proposed iu Parliament (1733), in which several different objects were provided for, and, among them,, one for granting the Princess Royal a mar riage portion, another for the new colony in Georgia, &c. When under discussion in the House of Lords, the Earl of Chesterfield said, " My Lords, I do not rise up to oppose the bill now before us ; but I think it is incumbent upon me to declare that it is, in my opinion, a most indecent thing to provide for the Princess Royal of England in such a manner : — it is most disrespectful to the royal family to provide a marriage portion for so illustrious a branch of that family in such a bill of items. Here is, imprimis, five hundred thousand pounds for the current service of the year. Item, ten thousand pounds by way of charity for those dis tressed persons who are to transport themselves to the colony of Georgia. Item, so much by way of charity for repairing an old church, &c." But the Earl of Chesterfield was not alone in his horror of such a monstrous contiguity of dissimilar items. The Earl of Winchelsea said, " I cannot but take notice of that part of the bill by which eighty thousand pounds is granted as a portion for the Princess Royal. It is so unbecoming a thing to see that grant made in such a hotch-potch bill," &c. " I am sorry to see her name so much as mentioned in such a riffraff bill," &c. — Pari. Deb., vol. ix., p. 120. ORIGIN AND CHARACTER OF OGLETHORPE. 181 In 1729, " a committee was appointed by Parliament " to inquire into the state of the jails of the kingdom, and to report the same, and their opinions thereupon, to the house." " This committee," says Stevens, •*' raised on the motion of James Oglethorpe, Esq.,1 in consequence of the barbarities 1 The family of Oglethorpe was one of the most anoient in England. It may be traced backwards eight hundred years, to the Norman conquest. William Oglethorpe, the great grandfather of James, the founder of Georgia, was a member of the household of King Charles the First. His grandfather was page to Charles II. ; ahd his father, Sir Theophilus, was with the Duke of Monmouth in the battle of Bothwell Bridge, was an officer of distinction under the Duke of York, and afterwards first equerry and major-general of the army of King James n. Though politically an adherent to the fortunes of James, he was so unkindly used on account of his religion — being a decided Protestant — that he soon returned to Eng land, and purchased a seat called Westbrook Place, near the town of Godalming, in Surrey, whither he retired from the jealousies of courts and the toils of party strife. On this elegant estate James Oglethorpe was born, on the 21st of December, 1688, a year memorablcfor the revolution which gave to England that democratic bill of rights which has been justly styled "her second Magna Charta." He was the seventh in a family of nine children, most of whom became eminent for their station or service. At the age of sixteen, James was entered at Oxford University, and six years after was commissioned aa ensign in the English army. He was early promoted, and early acquired a high reputation in the art of war. In 1722 he was elected member of Parliajnent for Hazlemere, the same borough which had been so long represented by his father, his brother Lewis, and his brother Theophilus i and for thirty-two years he was returned by successive elections to the House of Commons. During this period he was placed on important committees, and had much influence. He was distin guished for readily yielding his name, and influence, and fortune, to schemes of charity and philanthropy. It is an interesting fact in his history, that he lived to see his infant colony become a great and free state. Among the earliest to call on John Adams, the first ambassador of the United States to the court of St. James, was Oglethorpe. On the 22d of February, 1765, he was made general of all his majesty's forces, and for many years before he died was at the head of the army list as the oldest general officer of Great Britain. The assertion has been fre quently made, though the. authority is not conclusive, that, being the senior of Sir William Howe, he had offered to him the command of the forces destined to subjugate America in the war of the Revolution, but that he declined the appointment, assuring the ministry that " he knew the Americans well ; that they never would be subdued by arms, but that obedience would be seoured by doing them justice." That his political sympathies were with the Americans, may be learned incidentally from the circumstance, that, on meeting in London with Governor Bernard, of Massachusetts, who had been most active in planning and exe cuting "deep and studied affronts to that province," then straggling for civil rights and immunities, and whom the American-hating court had honored with a baronetcy for his ser vices to regal tyranny, Oglethorpe personally expressed to him " the utmost disgust and abhorrence of his conduct." Though Oglethorpe had his defects of character and his enemies, he did not go unhonored and undefended even in his own age. Poets such as Pope, and Thomson, and Goldsmith, and Brown, sung his praises ; moralists such as Johnson, the Abbe Raynal, Wharton, and Hannah More, testified to his virtues ; divines such as Wilson, Bishop of Sodor and Man, and Berkeley, Bishop of Cloyne, and Benson, and the Wesleys, did honor to his goodness ; gene rals such as Prince Eugene, and the Duke of Marlborough and field marshal, acknowledged his abilities ; and statesmen such as the Duke of Argyle, and Lord Peterborough, and Edmund Burke, lauded his distinguished merits. From the council-fires of the mountain Indians, from the lowly huts of the enfranchised 182 MISERIES OF ENGLAND. which had fallen under his own observation while visiting some debtors in the Fleet and Marshalsea prisons, consisted of ninety-six persons, and Ogle thorpe was m'ade its chairman. A more honorable or effective committee could scarcely have been appointed. It embraced some of the first men in England, — among them thirty-eight noblemen, the Chancellor of the Ex chequer, the Master of" Rolls, Admiral Vernon, and Field Marshal Wade. They entered upon their labors with zeal and diligence, and not only made inquiries through the Fleet prison, but also into the Marshalsea, the prison of the King's Bench, and the jail for the county of Surrey. It was this committee which Thomson eulogized, in his poem of Winter, as • The generous band Who, touched with human woe, redressive searched Into the horrors of the gloomy gaol.' For in these abodes of crime and misfortune they beheld all that ' the poet had depicted : ' The freeborn Briton to the dungeon chained,' marked ' with inglorious stripes : ' the ' lean morsel snatched from the starving mouth ; ' 1 the tattered weed torn from cold wintry limbs; ' and ' lives crushed out by secret, barbarous ways, that for their country would have toiled and bled.' Nor in this instance did the poetry exceed the fact ; for one of her own authors has well said, 'No modern nation has ever enacted or inflicted greater legal severi tie's upon insolvent debtors than England.' ' For the encouragement of that ready credit by which commercial enterprise is pro moted, they armed the creditor of insolvent debtors with vindictive powers, by the exercise of which freeborn Englishmen, unconvicted of crime, were frequently subjected, in the metropolis of Britain, to a thraldom as vile and afflicting as the bondage of negro slaves in the West Indies.' This commit tee, besides redressing the grievances connected with prison discipline, also reported a bill for the relief of insolvent debtors ; thus not only remedying present abuses, but preventing their recurrence, by legislative enactment." With philanthropic motives ranging beyond parliamentary duty, Ogle thorpe, joined by Lord Percival and a few other noblemen and gentlemen, addressed a memorial to the Privy Council, stating " that the cities of Lon don, Westminster, and parts adjacent, do abound with great numbers of indigent persons,, who are reduced to such necessity as to become burden some to the pubhc, and who would be willing to seek a livelihood in any of debtors in Savannah, from the cells of the prisons of England, from the firesides made cheer ful by his bounty, rose a tribute to his worth more grateful to his soul than all the distinc tions which royalty could confer or senates confirm. He died, of a sudden illness, at his seat, Cranham Hall, on the 30th of June, 1785, aged ninety-seven. — See. History of Georgia, by Wm. B. Stevens, M.D., vol. I., a work of ability and interest, and from which most of these particulars are compiled. CHARTER OF GEORGIA. 183 his majesty's plantations in America, if they were provided with a passage, and means of settling there." The memorialists promised to take upon themselves the entire charge of this affair ; to erect a province into a proprie tary government, provided the crown would grant them a portion of the land bought in 1729 by Parliament from the lords proprietors of South Car olina, lying south of the Savannah river, together with such powers as shall enable them to receive the charitable contributions and benefactions of all such persons as are willing to encourage so good a design." A charter was granted on the 9th of June, 1732, "giving to the projected colony the name of the monarch who had granted to them such a liberal territory for the development of their benevolence."1 Although this charter will be inserted at length in the Appendix, it is but proper that some description of it should be given in this connection, to- enable the reader to judge of its peculiarities; and with this view the follow ing quotation is made from the work of Stevens : " By the provisions of this charter, which commenced with a recital of the causes which led to the proposed colonization, this body was entitled, for twenty-one years, to all the legal rights and immunities of a body corporate. They were to meet yearly, on the third Thursday in the month of March. when new members were to be elected. They were to have a common council, of fifteen members ; and when the members of the corporation were increased, the common council was also to be augmented to twenty-four. The offices of president, of the trustees, and chairman of the board of com mon council, were to be rotary by election. The members of the corporation! were debarred from holding any office of profit, or receiving any salary, fees, perquisite or profit, whatsoever. They were authorized to take subscriptions. and collect moneys ; and were required to lay, annually, before the chancel lor, or speaker, or commissioners for the custody of the great seal of Great Britain, an account of all moneys and effects by them received or expended. They were empowered to make constitutions, laws and ordinances, for the government of their province ; to set, impose and inflict reasonable pains and penalties upon offenders. It granted to them ' all those lands, countries and 1 In the London Magazine for October, 1735, are the following lines, " On giving the name of Georgia to a part of Carolina." — Stevens' Georgia, p. 63. " While, ripening slow, the future purpose lay, And conscious silence planned the opening way, Kind o'er the rising schemes an angel hung, And dropped this counsel from his guardian tongue r Wish you , this way, the royal pair Inclined ? To Carolina be a Georgia joined } Then shall both colonies sure progress make, Endeared to either for the other's sake ; Georgia shall Carolina's favor move, And Carolina bloom by Georgia's love." 184 CHARTER OF GEORGIA. territories situate, lying and being in that part of South Carolina, in Amer ica,' between the Savannah and Altamaha; and westerly, from the heads! of the said rivers, respectively, in direct lines, to the Pacific, and the islands within twenty leagues of the coasts. It gave them permission to transport and convey out of Great Britain into the said province of Georgia, to be there settled, as many subjects, or foreigners willing to become subjects, as shall be willing to inhabit there. It also declared, that ' all and every the persons ' ' born within the said province, shall have ahd enjoy all liberties, franchises and immunities, of free denizens, as if abiding and born within Great Britain.' It also established and ordained that there shall be liberty of conscience allowed in the worship of God to all persons inhabiting, or who shall inhabit, or be resident within the province ; and that all such persons, except papists, shall have a free exercise of religion, so . they be contented with the quiet and peaceable enjoyment of the same, not giving offence or scandal to the government. It was further provided, that no grant of land should be made to any one of the corporation, or to any one in trust for any member of the same ; and no grant of land to any other individual was to exceed five hundred acres. They were authorized, also, to establish judica tories, courts of record, or other necessary courts, embracing all cases which. could come within the limits of colonial judiciary, whether criminal or civil, capital or venial. It decreed, that no act of the common council or corpora tion should be effectual and valid, unless eight members, including the chair man, should be present. It permitted this board to appoint whatever magis trates, civil or military, by land or sea, the province required, except such as were connected with the revenue department. It required them to defend the province by all military means, both by sea and land, against either internal or external foes. It constituted the Governor of South Carolina chief commander of the Georgia militia ; and, finally, declared that at the expira tion of twenty-one years, such a government should be established as should then be judged : best, in which the governor, and all officers, civil and mih tary, should be nominated and appointed by the king. " This was the great legal instrument which lay at the political foundation of Georgia. Its provisions were commensurate with its design, and its priv ileges were as ample as the benevolence which called it into' being. It gave to those over whom it stretched its fostering care the privileges of freeborn Britons — the privileges of English law, and, with one exception, the privi leges of religious liberty. Nor was this exception the result so much of England's Protestantism as England's politics. It was but transferring to the charter of Georgia some of the civil disabilities which then lay upon Romanists in the mother country, — disabilities growing out of civil rather than ecclesiastical relations. The exception was wrong in the abstract ; but, interposing itself as Georgia did between the Protestant colonies on the OBJECTS OF SETTLEMENT OF GEORGIA. 185 north, and the French and Spanish possessions on the south, it was deter mined to draw around it such an ecclesiastical cordon as should effectually prevent any Romish intrigues or ascendency in a colony thus singularly situated. " The charter revealed two purposes as the object of this colonization — the settling of poor but unfortunate people on lands now waste and des olate ; and the interposing of this colony as a barrier between the northern colonies and the French, Spanish and Indians, on the south and west." The movement of Oglethorpe and his associates was of so extraordinary a nature that the reader will readily understand the importance of a full knowledge of their motives, and of the means by which they proposed to accomplish their beneficent as well as their national ends. Their purposes were of a democratic nature, — but their plans of operation were either too great or too small to harmonize, and their principles either too partial or too conservative for progress. "But," continues the same able writer, "the colony was not to be con fined to the poor and the unfortunate. The trustees granted portions of five hundred acres to such as went over at their own expense, on condition that they carried over one servant to every fifty acres, and did military service in time of war or alarm. Thus the materials of the new colony consisted of three classes ; the upper, or large landed proprietors ahd officers, — the middle, or freeholders, sent over by the trustees, and the servants indented to that corporation or to private individuals. ¦ " Subsidiary to the great design of philanthropy was the further purpose of making Georgia a silk, wine, oil, and drug growing colony. 'Lying,' as the trustees remark, ' about the same latitude with part of China, Persia, Pales tine, and the Madeiras, it is highly probable that when hereafter it shall be well peopled and rightly cultivated, England may be supplied from thence with raw silk, wine, oil, dyes, drugs, and many other materials for manufac tures, which she is obliged to purchase from southern countries.' The secretary of the trustees, in his official account of the ' Reasons for Estab lishing the Colony of Georgia,' says: 'The Italian, French, Dutch, Indian, and China silks, imported, thrown and Wrought only (including what are clandestinely run), may, on the most moderate computation, be reckoned to cost us five hundred thousand pounds per annum ; which may all be saved by raising the raw silk in Georgia, and afterwards working it up here, now we have attained the arts of making raw silk into organzihe, and preparing it for our weavers, who can weave it into all sorts of wrought silks in as great perfection as any nation of the world ; so that we only want the staple (or raw silk) and to have it at a reasonable rate. With this Georgia will abundantly supply us, if we are not wanting to ourselves, and do not neglect the opportunity which Providence has thrown into our hands. The saving 24 186 EXPECTATIONS OF OGLETHORPE. this five hundred thousand pounds per annum is not all ; but our supplying ourselves with raw silk from Georgia carries this further advantage along with it, that it will provide a new or additional employment for at least twenty thousand people in Georgia for about four months in the year, during the silk season, and at least twenty thousand more of our poor here, all the year round, in Working the raw silk, and preparing such manufactures as we send in return, or to purchase the said raw silk in Georgia, to which country our merchants will trade to much greater advantage than they can expect to do in Italy ; and yet the exportation to this place will (as I said before) be, in all probability, preserved.' "Oglethorpe, also, in his ' New and Accurate Account,' writes, 'We shall be their market for great quantities of raw silk ; perhaps for wine, oil,- cotton, drugs, dyeing stuffs, and many other lesser commodities. They have already tried the vine and the silk-worm, and have all imaginable encouragement to expect that these will prove most valuable staple commodities to them. The raw silk which Great Britain and Ireland are able to consume will employ forty or fifty thousand persons in that country. Nor need they be the strongest or most industrious part of mankind : it must be a weak hand indeed that cannot earn bread where silk- worms and white mulberry-tree's are so plenty. The present medium of our importation of silk will not be the measure hereafter of that branch of trade, when the Georgians shall enter into the management of the silk-worm. Great Britain will then be able to sell silk manufactures cheaper than all Europe besides ; because the Geor gians may grow rich, and yet afford their raw silk for less than half the price that we now pay for. that of Piedmont. The peasant of Piedmont, after he has tended the worm and wound off the silk, pays half of it for the rent of the mulberry-trees and the eggs of the silk-worm ; but in Georgia the working hand will have the benefit of all his labor. This is fifty in a hundred, or cent, per cent, difference in favor of the Georgians; which receives a great addition from another consideration, namely, the Georgian will have his provisions incomparably cheaper than the Piedmontese, because he pays no rent for the land that produces them — he lives upon his own estate. But there is still another reason why Great Britain should quickly and effectually encourage the production of silk in Georgia, — for, in effect, it will cost us nothing : it will be purchased by the several manufacturers of Great Britain, and this, I fear, is not our present case with respect to Pied mont, especially if (as we have been lately told) they have prohibited the importation of woollen goods in that principality.' " Wine was to be raised in sufficient quantities, not only for part of. our consumption at home, but also for the supply of our other plantations; instead of our going to Madeira for it. Flax, hemp and potashes, were to be produced in such abundance that the balance of trade with Russia was to be VARIOUS MOTIVES OF TRUSTEES. 187 reduced one hundred and thirty thousand pounds ; and indigo, cochineal, olives, dyeing woods, and drugs of various kinds, were to be as abundant as the demand for their consumption. " Incident to their primary design was the expectation of thereby reliev ing the mother country of a body of indigent paupers and unfortunate debt ors. It was argued, that these people were not only unprofitable, but abso lutely an expense to the government ; that their detention in England was a physical, moral and pecuniary loss to the nation ; while their emigration to America not only freed the country from those who would otherwise be burdensome to its charities, but made them profitable to themselves, to Georgia, and to England itself; and Livy was quoted, to show that the Romans often sent some of their citizens abroad for the very increase of her power. ^ " Thus, the poor-rates were to be reduced, the parishes relieved, the work houses emptied, the debtors' prisons thrown open, and even the population of the kingdom advanced, by the plantation of Georgia. " The extension of Christianity was another aim which they kept in view. They reasoned, that the good discipline established by the society would reform the manners of those miserable objects who should be by them sub sisted ; and the example of a whole colony, who should behave in a just, moral and religious manner, would contribute*greatly towards the conversion of the Indians, and taking off the prejudices received from the profligate lives of such as have scarcely anything of Christianity but the name. " Such were the principal purposes of the trustees in settling Georgia. Extravagance was their common characteristic ; for, in the excited visions of its enthusiastic friends, Georgia was not only to rival Virginia and South Carolina, but to take the first rank in the list of provinces depending on the British crown. Neither the El Dorado of Raleigh nor the Utopia of More could compare with the garden of Georgia ; and the poet, the statesman and the divine, lauded its beauties, and prophesied its future greatness." ' ' The trustees having selected from the throng of emigrants thirty-five families, numbering in all about one hundred and twenty-five ' sober, indus trious and moral persons,' chartered the Ann, a galley of two hundred tons, Capt. John Thomas, and stationed her at Deptford, four miles below Lon don, to receive her cargo and passengers. " On the 16th November, 1732, they were visited by the trustees 'to see nothing was wanting, and to take leave ' of Oglethorpe ; and, having called the families separately before them in the great cabin, they inquired if they liked their usage and voyage, or if they had rather return, giving them even then the alternative of remaining in England, if they preferred it ; and, having found but one man who (on account of his wife, left sick in South- wark) declined, they bid Oglethorpe and the emigrants an affectionate fare- 188 INTERESTING INCIDENTS. well." The ship sailed the next day, from Gravesend, bound for the continent of America. It would be interesting and even profitable to follow the exciting events in detail which attended the early settlement of Georgia. To rejoice with the Israelite in his confidence that charity was about to end his wanderings ; x to join the holy procession of the pious Salzburgers, and unite with them in their hymns of praise ; 2 to dwell upon the spirit of the Puritans, who sought the land of good- will to establish it with their faith, and to cheer it with the blessings of Democracy ; 3 to sympathize with the sufferers from Acadia, and to witness their dispersion by a religious zeal that recognized no charity ; to accompany the benevolent trustees in their visits of love to Germany, to relieve the persecuted Protestant, : — and to the highlands of Scotland, that they might secure a bold and hardy race, and withal a v virtuous and indus trious people ; to mark the throbbings of the mighty heart of humanity in the countless deeds of patient charity which from the confines of civilization seemed to centre in this great scheme of benevolence,- — but these are beyond the limits of the present work. It will be remembered that "the design of the trustees comprised three points : to provide an asylum for the poor debtor and. persecuted Protestant, to erect a silk, wine and drug growing colony ; and to relieve the mother country of an overburdened population." " It was not long, however, before their credulity was chastened into soberness by a series of disastrous calam ities. The noble feature of benevolence was never indeed relinquished, even 1 Among the early emigrants to Georgia were forty Jews, direct from London, who were sent out by authorized agents of the company, as consistent with the provisions of the char ter, which gave freedom to all religions, except that of the Church of Rome. The trustees expressed fears lest the publiemight suppose that they designed to " make a Jews' colony of Georgia." They desired Oglethorpe " to use his endeavors to prevent their settling with any of the grantees." He did not respond to a request so discordant to the spirit of charity; " for to have done so," says Stevens, " would have been to strip the colony of its most moral, worthy and industrious citizens.". 2 See Stevens, p. 105. 3 When missionaries were wanted, at an early period, in South Carolina, Joseph Lord, " who was then teaching school in Dorchester, Mass., offered to go thither ; and on the 22d of Octo ber, 1695, those designing to emigrate with him were embodied in a church, over which he was solemnly consecrated pastor.- The churches of Eoston, Milton, Newton, Charlestown and Roxbury, by their delegates or pastors, assisted in the services. Sixty years before, Dor chester had planted the first church in Connecticut ; and now she had gathered another, to send to the far distant borders of the south:" This church fcontinued and prospered in Caro lina until 1752, when a majority of the members decided to remove to Georgia. " The accession of such a people," says Stevens, " was an honor to Georgia, and has ever proved one of its richest blessings. The sons of that colony have shown themselves worthy of its sires; their sires were the moral and intellectual nobility of the province." They carried with them their New England habits, and established in Georgia the institutions of Democ racy. — See Stevens, p. 386. RESULTS OF COLONIAL EXPERIMENT. 189 though the recipients proved unworthy of the bounty ; for, as early as 1735, the trustees declared that ' many of the poor, who had been useless in Eng land, were inclined to be useless also in Georgia.' And, though a strict scrutiny was made into the character and condition of each emigrant, most of the early settlers were altogether unworthy of the assistance they received. Once in Georgia, they were . disappointed in the quality and fertility of the lands ; were unwilling to labor ; hung for support upon the -trustees' store ; were clamorous for privileges to which they had no right ; and fomented discontent and faction, where it was hoped they would have lived together in brotherly peace and charity. The benevolence of the trustees met no ade quate return of gratitude ; and their labors for the welfare of the colony only provoked the obloquy and murmurs of those to whom had been opened the prison-doors of England, and to whom had been granted an asylum in Georgia. The too sanguine hopes of the trustees as to the commercial value of the colony were also destined to disappointment. The wine which was to supply all the plantations, and to cultivate which they had employed a vigne- ron from Portugal, and planted in their garden the choicest cuttings from Madeira, resulted in only a few gallons, and was then abandoned. The drugs and exotics, which, at a great expense, they had procured and planted in the same place ; the olive trees from Venice, barilla-seed from Spain, the kali from Egypt, the eubebs cardimas, the caper plant, the madder root, and other like articles, — were mostly destroyed by the snow and frost shortly after they were planted. The hemp and flax, which were to sustain the linen manufactures of Great Britain, and throw the balance of trade with Russia into England's favor, never came to a single ship-load ; and indigo, though there were one or two plantations of it near St. Simons and on the Alta maha, was never generally introduced, and its culture soon abandoned." In respect to the success which attended their persevering efforts to pro duce silks, Stevens says : " At an expense, including passages of servants, provisions from the public store, bounty on cocoons, salaries, machines, basins, and filatures, of nearly fifteen hundred pounds, the trustees had succeeded in raising, up to the date of their surrender of the charter, not one thousand pounds of raw silk, — a most costly experiment for so poor a colony, showing the airiness of that dream in which they expected to save five hundred thou sand pounds to England, and employ forty thousand of her subjects. ' They looked for much, and, lo ! it came to little.' " Nor were they more fortunate in relieving the mother country of her surplus indigent population. They did not, it is true, entertain the extrava gant speculations of the Earl of -Eglinton, who subsequently proposed to the king to introduce a hundred thousand settlers into Georgia and the Floridas, but they expected soon to locate twenty thousand persons in their territory, and build it up at once into a great commercial colony. It was estimated at 190 SURRENDER OF CHARTER. the time, that, at a very small calculation, four thousand individuals were annually imprisoned for debt in England ; and, though the scheme looked directly to the melioration and relief of this unfortunate class, yet what a paltry result, compared with such magnificent promises ! " During the first eight years, the trustees sent over on their bounty only nine hundred and fifteen British subjects; and the entire number trans planted to Georgia by their benefactions during their corporate existence did not exceed twelve hundred British, and one thousand foreign Protestants ; ahd yet, in this time, they had received from private benefactions over seventeen thousand six hundred pounds, and from parliamentary grants over one hundred and thirty-six thousand six hundred pounds: Of those sent over by the charity of the trustees, two-thirds left the colony, and but a very few proved worthy of their benefactions. Thus, one by one, all the grand hopes of the trustees came to naught, every high expectation was laid low, and they were taught, by a dear-bought experience, that, however easy it was to plan a colony, its, -was quite another thing to carry it out into successful execution. " But not only were the trustees destined to behold the blasting of their agricultural and commercial views ; they were also made to feel the ill effects of their well-designed but badly-adjusted scheme of colonial legislation. They began wrong, when they resolved to make the tenure of their lands a grant in tail male. Instead of stepping forth in advance of their age, as they might have done, they retired behind it, going back to the middle ages, to feudal times, and drew thence, from the laws of the Salian Franks, this rule, as repugnant to reason as to justice." As the period of the charter was about to expire, the trustees made arrangements that it might be surrendered with proper care and delibera tion. A committee of twelve persons was appointed by the common council of the trustees, on the 25th -of April, 1751, at the head of whom was the Earl of Shaftesbury, "to adjust with the administration the proper means for supporting and settling the colony for the future, and to take from time to time all such measures as they shall find necessary for its well-being." The surrender took place on the 23d of June, 1752 ; " and the corporation which had planted and nurtured Georgia ceased to exist."1 When Oglethorpe was moved by the generous sympathies of humanity to take the prisoner by the hand, to lift up the fallen, to encourage the sad, to give joy to the desperate, to sustain the persecuted and the oppressed, and conceived the practicability of establishing a colony of such wounded spirits in the wilds of America, and had a confidence in the goodness and generosity of men to the remarkable extent that they would furnish the means for- so 1 Stevens, p. 258. ERRORS OF TRUSTEES. 191 noble a project* — he doubtless deemed the nature of the cause a sufficient guarantee of its success, and that he would be sustained by a community impressed by the grandeur of his motives, to be continually renewed by the redeeming power of gratitude. Their motto, on one side of their corporation seal, — -."Non sibi sed aliis" — "Not for themselves, but others," — expressed a beautiful truth and a fatal error. Not to include themselves, was a striking defect in so great a plan. On the other side of the seal were represented two figures reposing on urns, — emblematic of the boundary rivers, — having between them the genius of " Georgia Augusta," with a cap of liberty on her head, a spear in one hand, the horn of plenty in the other. "But the cap of liberty was, for a time at least,*' says Bancroft, "a false emblem; for all executive and legislative power, and the institution of courts, were, for twenty-one years, given exclusively to the trustees, or their common council, who were appointed during good behavior." The errors of the trustees have been denominated as those of "parsimo nious benevolence." But this view mistakes sentiment for judgment. It was their benevolence that opened so many avenues to the enduring streams of charity, — but it was their judgment that failed to distinguish between a condition of success and a remedy for failure. Their desire to serve others was surpassed only by the firmness of their convictions of confidence in themselves. By extending a generous spirit to those who had proved them selves wanting in judgment, they were doubtless impressed with the necessity of a prudent control. The subjects of Oglethorpe's benevolence had passed through a large por tion of the period of human existence, and had been prostrated. They had arrived at positions in society which either proved the want of capacity or the want of integrity. If -honest, they were schismatics, or unfortunate men. If incapable, charity could aid them, but benevolence could not give them capacity. If dishonest, benevolence could cheer them in a temporary resolution, but could not give them integrity. If schismatical, charity could clothe the naked ahd feed the hungry, but benevolence could neither repress the opinions of the wilful, nor calm the impulsive and conflicting passions of the fanatical. The unfortunate could doubtless be rallied by the tender encouragements of good will ; and unquestionably some of every class would exert themselves to the utmost in whatever promised success, — but what could be expected from an aggregation of feebleness, and from the discordant elements of every variety of failure, but results that such a combination is calculated to produce 1 With what significance may the question often be asked, " Do men gather grapes of thorns, or figs of thistles 1 " What though some might still bring into action motives that had never been corrupted, combined with improved dispositions, renewed resolutions fortified by prudence and strengthened by example, — yet each would be 192 CAUSES OF FAILURE. loaded with his neighbor's defect or weakness, and the many that could not succeed at home, in a much stronger framework of society, as individuals, would fall, almost of necessity, when brought together in an atmosphere of endeavor so inferior to the one which they had left. It is true that Oglethorpe joined with his motives of benevolence the objects of industry, — but one would have supposed that he could not avoid seeing that men, who had not even succeeded in taking care of themselves, would hardly be able to reach that point for the first time under circum stances so peculiar, and to travel beyond it to Buch an extent as to add wealth to the nation. It is quite true, he had counted, and not without reason, upon the cooperation of the best and ablest minds, everywhere, to aid him in the great work of reformation, and in the business of elevating or reestablishing character, — but he began with an element of mistrust, by proposing an end which fell short of the dignity of man, and based his exper iment upon conditional results. He neither promised the privileges of citizenship nor the responsibilities of legislation. His charity addressed his subjects as men, but his judgment disposed of them as paupers, or as objects of commiseration. A stream will not flow that has not an open outlet that tends to the bosom of its home ; nor will the best influences of society recover a degraded man, when they do not tend to give him entire freedom in all that constitutes a proper self-respect, and in all that shall recognize in him a member of society fitted for its duties and made eligible to its honors. If the benevolence of Oglethorpe failed as the leading element of enter prise, it succeeded in teaching the great truth, that humanity has the benefit of generous projects as well as of selfish ones. And that, while avarice, with its mistakes and excesses, may hasten the accumulation of wealth, benevolence may have its share of error in opening patriotic avenues for its disbursements. The propensity to acquire does nothing but accumulate ; benevolence extends and distributes. In the single action of either, excess is the result. What is true of these powers is true of all the others; and, to repeat a remark which has already been made,, and whicli cannot be tod con stantly regarded, success is a result which comes from the activity of all the faculties in harmony with their objects and with one another. J Kje **f3 m _>^ffiH ^^^k 'ww"ip .-"* Ill 1 ¦£ WKHti7i< '¦-'-'- !!^^^^™^^^^^**~^'' ' ', 'J ^H ¦PlfJ'' j^^^^^^^^^^P " TZr^^O <^Za^^ ^- IVi 1 1 1 - d . Jiy J = t-' D ultra NX KngravBcL pxpre.s.sly fur' this -work. THE SETTLEMENT OF MARYLAND i presents a variety of facts, so different in character, compared to those of the other colonies, that the reader will be amply compensated by studying 1 The first settlement of Maryland was made by Captain William Clayborne, 1631, with a party of men from Virginia, on Kent Island, in Chesapeake Bay. But the charter under which the colony was permanently established was granted to Cecilius Calvert, second Lord Baltimore, by Charles I. , and was dated June 20th, 1632. The province covered by this grant had been partially explored by Sir George Calvert, the father of Cecilius, four years before. It was named in the charter Terra Marise, — Mary's Land, — in honor of the Queen Henrietta Maria. In 1635 the first legislative assembly was organized, composed of one house ; but, in 1639, was divided into two branches, or rather species of representation, namely, bur gesses elected by the»people, and the other called by special writ. When convened, they sat in one chamber. In 1650 the legislature was divided into two houses. On the death of Charles I., the Puritans of Maryland insisted upon an immediate recognition of the Commonwealth. The authorities, however, representing the Lord Proprietary, proclaimed Charles II. the rightful sovereign of England. But the Puritans had a majority in the assembly. In 1652 commissioners from England visited Maryland, removed Gov. Stone, the representative of Lord Baltimore, and completely established the authority of the Common wealth. In 1654-5, Lord Baltimore made repeated efforts to restore the proprietary govern ment. After three years of civil commotion, during the most of which time the Puritan party governed the colony, the power of the proprietary was restored. In 1660, twenty-six years from the foundation of the colony, the population of Maryland was 12,000 ; in 1665, 16,000 ; and in 1671 it had increased to 20,000. At the time of the Revolution in England, 1688, the government, by the desire of the Puri tans, was assumed by King William ; and, in 1691, Sir Lionel Copley was appointed gov ernor. In 1715 the government was restored to the' family of the proprietary, having been administered by the governors holding under the king's appointment twenty-four years. At this period the population was estimated at 40,000. The prosperity of Maryland was checked by the almost exclusive occupation of the farmers and planters in raising tobacco, to the neglect of more important crops for food. In 1694 and 1695 a destructive disease broke out among the stock of the farmers, aud 25,429 cattle and 62,375 hogs perished. In 1714 Charles Lord Baltimore, the hereditary proprietary, died at the age of eighty-four. His son, Benedict Leonard Calvert, succeeded, bat lived only long enough to have his rights acknowledged. He died in April, 1715. The principal obstacle to the recognition of the claim of this family was now removed ; for the complaints on which it had been deprived of the government in 1691 were, many of them, founded in the fact that the proprietary was a Papist, and the young heir, upon whom the titles and possessions of the Lords Baltimore devolved, had been educated a Protestant. In 1715, therefore, the authority of the proprie tary was restored. From this period until the breaking, out of the French War, in 1753, the history of Maryland is not marked by any great event. Its local annals are filled with rela tions of the disputes and contentions which took place between .the proprietary and the peo ple ; the one struggling to maintain or extend his hereditary aud prescriptive privileges, and 25 194 SIR GEORGE CALVERT. its particular history.1 The intolerance of Virginia gave birth to Maryland.3 the other to establish their liberties, to confirm their ancient rights, or to acquire new ones. In all these struggles are discernible the germs of the revolution of 1776. — See History and Statistics of Maryland, by J. C. G. Kennedy, Sup. of the Census. 1 Read Bancroft, Chalmers, Bozman, Hildreth, Kennedy's Discourse on the Life and Character of George Calvert, &c. ; Streeter's Discourse, " Maryland Two Hundred Years Ago." 1852. 2 In 1621 Sir George Calvert obtained a grant from King James of that part of the island of Newfoundland which lies between the Bay of Bulls on the east coast thereof, and Cape St. Mary's on the south, which was erected into a province^and called Avalon. Here he commenced a set tlement, erected granaries and store-houses, and in 1622 set up a salt-work. In 1625 he vis ited in person the colony. A residence there soon satisfied him fiat the country was not eligible for colonization. He expended on this settlement twenty-five thousand pounds. As he doubt less had received full information in regard to the colony of Virginia, and favorable accounts of the climate and soil of the country bordering on the Chesapeake, he was induced, in 1628, to visit that, colony in search of some more desirable situation. Whether a jealousy of his colo nial views, or those general prejudices against the Papists, which were now more prevalent than ever, even in the mother country, operated with the Virginians, his visit was received by them most ungraciously. What renders this reception of him somewhat more surprising is, that the colonists of Virginia had not emigrated from England to evade religious persecu tion. The Church of England was then the established religion in Virginia, and Puritanism had not been hitherto encouraged among them. It is true that those in- England who were denominated high churchmen, as Archbishop Laud and others, were accused by the Puritans of being inclined to Popery ; but it is to be remembered that Charles professed to be alike opposed to Popery and Puritanism. Immediately on the arrival of Lord Baltimore in Virginia, the assembly of that province caused the oaths of allegiance and supremacy to be tendered to him and his followers. He rejected them ; proposing, however, at the same time, a form of oath which he declared him self ready to accept. As these oaths were prescribed by particular statutes, it was not in the power of the assembly to dispense with them after being tendered. In this state matters rested, the assembly contenting itself with laying the whole transaction before the privy council in England. This incident would seem to show that the assembly did not look upon Lord Baltimore in the light of a mere casual visitor. They subjected him to what amounted almost to an indig nity, in requiring him to take the oaths, who had been a secretary of state, who was one of their own patentees in the London Company, and who was a public-spirited nobleman, some what distinguished for his enterprise in the cause of colonization ; who, in addition to all this, was on. the best terms with the reigning sovereign at home. He very soon afterwards departed from the James river, to pursue a much more agreeable voyage up the Chesapeake. Under these circumstances he entered the Potomac, examined the country upon its left bank, and projected the settlement of Maryland. — See Bozman, p. 231, Historical Discourse of Kennedy, 19, 20. A more recent author alludes to the arrival and reception of Lord Baltimore in Virginia, with a different judgment. He says : " The arrival of a visitor so distinguished caused some excitement at James City; and the authorities inquired why he, the governor of another colony, had abandoned that and come to theirs. ' To seek a plantation and a dwelling-place among yon,' was his lordship's reply. ' Very willingly,' answered they, ' provided you will take the oaths of allegiance and suprem acy, as we have done, and which we are obliged, by the royal order, to exact from every per son who becomes a member of this colony. ' A modified form of the oath was proposed by him, as one which his obligations as a Catholic would allow him to take ; but tne governor and council, moved, without doubt, by that jealousy of Catholicism which was felt by the col- VIEWS AND POLICY OF CALVERT. 195 The charter recognized a representative government,1 and conceded popular liberty and religious freedom. Sir George Calvert 2 was a Catholic, a states- onists, as well as by the people of the mother country (though professing to act solely upon the royal instructions), declined to admit into their oommunity u man, however distin guished, ' who was unwilling to acknowledge all the eminences belonging to his majesty,' and prayed him to make provision to depart from the colony by the next ship that sailed for England. He complied with their request ; but not before he had examined the broad bay of * Chesapiack,' the islands that stud its surface, the beautiful rivers which flow into it, especially from tho west, and the rich, inviting country, which, almost without an inhabit ant, except a few savage tribes, spread out upon its borders. " From this remark must be excepted, however, a large island in the bay, on which Capt. Wilham Clayborne, a member of the Council of Virginia, and a man of great energy and untiring enterprise, had established a trading settlement, and to which he had given the name of Kent ; as also an island in the mouth of the Susquehanna river, on which he had placed an advance post to facilitate his trading operations, — both of which he had pur chased of the native chiefs, besides taking up lands upon each, according to the custom of the country at that period. " Leavmg his lady and servants behind, Lord Baltimore proceeded to England, hoping that, by personal appeal, the king might be induced to relax in his favor the -regulation in regard to emigrants in Virginia, and accept of a modified form of oath ; but he was disap pointed. His application was ineffectual, and he found himself under the necessity of fitting out a vessel (February, 1630), and sending her to Virginia, to convey his lady and servants to England." — "Maryland Two Hundred Years Ago," by S. F. Streeter, p. 11, ]2. 1 Although Charles I. had, but a few years before he granted the charter of Maryland to Lord Baltimore, dissolved, his Parliament, and had at that time formed the resolution, as some historians allege, of never calling another, and of governing without them, yet a very strong provision is to be found in that instrument for a free government, — a representative legislature. See the 7th section. But in the 8th section a clause is inserted which, by a lat itude of construction, might be interpreted to give powers repugnant to the conditions of the preceding section. — See Bozman, I., p. 289. 2 According to Anthony Wood, in his Athense Oxonienses, Calvert was born in 1582, at Kipling, in the Chapelry of Bolton, in Yorkshire, and was the son of Leonard Calvert and Alice, daughter of John Crossland. Some date his birth in the year 1580. The family of Calvert is said to be descended from an ancient and noble house of that name in the Earldom of Flanders, whence they were transplanted into the northern parts of England. The fam ily was one of wealth. In 1597 Calvert took a Bachelor's degree at Oxford, and then visited the continent of Europe to complete his studies. Sir Robert Cecil, the Lord Treasurer, after wards Earl of Salisbury, early became his friend. About the year 1604-5, he married Anne, the daughter of George Mynne, of Hertfordshire, and grand-daughter of Sir Thomas Wroth, of Durance, in Enfield, Middlesex. His eldest son, born in 1606, was named for his distinguished friend, Sir Robert Cecil. About the year 1606 he was appointed private sec retary to the prime minister, an office which he held for several years. In 1609 his name appears as one of the patentees in the new charter which was then given to the company for planting Virginia ; and, in 1620, it is again enumerated in Captain Smith's list of members. The Earl of Salisbury died in 1612 ; after which event Calvert seems to have enjoyed a liberal share of the favor and regard of King James, who, in 1617, promoted him to the post of clerk of the privy council, and invested him with the honor of knighthood. In 1619 he was appointed principal secretary of state, which place he held until 1624, when he resigned it, according to Fuller, for the following -reason : " He freely confessed himself to the king that he was then become a Roman Catholic, so that he must be wanting to his trust, or vio- 196 CHARTER OF MARYLAND. man of comprehensive views, and versed in the changing motives of men and of governments. He anticipated the claims of prerogative and of freedom, and endeavored to provide for them in advance. Actuated by the Christian spirit of disarming the Protestant by concession, he was tolerant in his plans, and liberal in his views of pohcy. His theory for a government in America was in advance of his own expressed views and practice at home.1 He secured from his royal master the recognition of Democracy without pledging himself to its principles, and framed a government which, while " it promised freedom to the people, reserved the power of control to its officers.2 But he was not destined to witness the results of a charter which authorized a free dom so independent of the crown. He died " before a patent could be finally adjusted and pass the seals," and his son, Cecil Calvert, succeeded to his honors and fortunes.3 " Whatever were the real causes," says Chalmers, ," which procured this remarkable grant, the ostensible motives were declared to be ' a laudable zeal . for extending the Christian religion and the territories of the empire.' The son was heir of his father's intentions, as well as fortunes; and in June, 1632, the charter of Maryland was confirmed by the king, and Cecil was created absolute proprietary, saving the allegiance and sovereign dominion due to the crown. He was empowered, with assent of the freemen, or their delegates, whom he was required to assemble for that purpose, to make laws of what kind soever for the province, ' so that they be not repugnant but agreeable to the jurisprudence and rights of the realm of England.' He was the authorized executive of the assembly. Power was given to the proprie tary, with the assent of the people, to impose subsidies there, upon just cause and in due proportion, which were granted to him forever : and there was a covenant on the part of Charles, that , neither he nor his sue- late his conscience, in discharging his office. This, his ingenuity," adds Fuller, " so highly affected King James, that he continued him privy councillor all his reign, as appeareth in his council-books, and soon after created him Lord Baltimore, of Baltimore in Ireland." Chal mers says he was officially one of the committee of council for the affairs of the plantations. See Kennedy's Discourse. 1 In politics Sir George Calvert was of the court party (in the reigns of James I. and Charles I.), opposed to the country party, — designations which were changed in the reign of Charle3 II. to Tory and Whig. As one of this party, he was the advocate of the high kingly prerogative, as contradistinguished from the privilege of the legislative body, — a champion of executive power against the power of Parliament. Graham says of him, that " he was a strenuous assertor of the supremacy of that authority from the exercise of which ' he expected to derive his own enrichment." " And, as principal manager of the interest of the court," says Chalmers, " we have heard him opposing the bill for a free fishing, because supposed contrary to the royal authority ; and insisting, with that confidence which convic tion always inspires, that the American territory, being gotten by conquest, ought to be governed by prerogative as the king pleases." — Book i., p. 201. See Kennedy's Hist. Discourse, p. 22. 2 Chalmers, p. 201. 3 Bancroft, I., 245. TREATMENT OF INDIANS IN MARYLAND. 197 cessors should at any time impose, or cause to be imposed, any tallages on the colonjsts, or their goods and tenements, or on their commodities, to be laden within the province. Thus was conferred on Maryland that exemp tion forever, which had been granted to other colonies for years. This region was erected into a palatinate, and the proprietary was invested with all the royal rights of the palace, as fully as any Bishop of Durham had ever enjoyed." He was authorized to appoint officers, repel invasions, sup press rebellions, and to erect forts ; but with an express saving of that right, which the commons had so long contended for, of fishing within the various bays, harbors and creeks, of the province. And, what appeared to be an act of extraordinary condescension on tho part of his majesty, the charter finally provided that, should any doubts arise concerning the true meaning of it, such an interpretation should be made which most favored the proprietary, and was not inconsistent with allegiance due to the crown, or the demands of the Christian religion. There was no condition in the charter which required " the proprietary to transmit the acts of the assembly to the king, for approbation or dissent ;" nor any saving of the royal interference in the government of the province. These essential omissions induced the commissioners of plantations to represent to the commons, in 1733, " that Maryland is under no obligation, by its constitution, to return authentic copies of its laws to the sovereign for confirmation, or disallowance ; or to give any account of its proceedings." "Nothing can afford more decisive proof," continues Chalmers, "than these material omissions, that Sir George Calvert was the chief penman of the grant. For the rights of the propri etary were carefully attended to, but the prerogatives of the crown and the rights of the nation were in a great measure overlooked or forgotten."1 For some reason unknown, Lord Baltimore abandoned his purpose of con ducting the emigrants in person, and appointed his brother, Leonard Calvert, to act as his lieutenant.2 On the 22d of November, 1633,3 the lieutenant, and about two hundred. gentlemen of considerable fortune and rank,1 sailed from England in the ship Ark, and in a Pinnance, Dove, for the Potomac, where they arrived, February 24, 1634, at Point Comfort, in Virginia ; and where, in obedience to the express letters of King Charles, they were welcomed by Gov. Harvey, of Virginia, with courtesy and humanity.5 Animated by a just sense towards the aborigines, he secured their favor by respecting their rights, and purchased of them a territory which they were already preparing to leave.6 " The Indian women," says Bancroft, 1 Political Annals, p. 203. 2 Bancroft, I., p. 245. 3 Ibid. * Chalmers, p. 207. 6 Bancroft, I. , 246. 6 The native inhabitants, having suffered from the superior power of the Susquehannas, who occupied the district between the bays, had already resolved to remove into places of more security in the interior, and many of them had begun to migrate before the English arrived. — Ibid., i., 246. • 198 MOTIVES OF LORD BALTIMORE. "taught the wives of the new comers to make bread of maize. The war riors of the tribe instructed the huntsmen how rich were the forests»of Amer ica in game, and joined them in the chase. And, as the season of the year invited to the pursuits of agriculture, and the English had come into possession of ground already subdued, they were able at once to possess corn-fields and gardens, and prepare the wealth of successful husbandry. Virginia, from its surplus produce, could furnish a temporary supply of food, and all kinds of domestic cattle. No sufferings were endured ; no fears of want were excited. The foundation of the colony of Maryland was peacefully and happily laid. Within six months it had advanced more than Virginia had done in as many years. The proprietary continued, with great liberality, to provide every thing that was necessary for its comfort and protection, and spared no cost to promote its interests, — expending, in the two first years, upwards of forty thousand pounds sterling. But far more memorable was the character of the Maryland institutions. Every other country in the world had persecuting laws. ' I will not,' — such was the oath for the Governor of Maryland, — ' I will not, by myself or any other, directly or indirectly molest any person professing to believe in Jesus Christ, for or in respect of religion.' " 1 It is remarked by Kennedy2 that "the glory of Maryland toleration is in the charter, not in the act of 1649. In settling the colony under this char ter, it is true that Cecil, the second Lord Baltimore, gathered \he colonists chiefly from the Roman Catholics. It was quite natural that, in making up his first adventure, the proprietary should have gone amongst his friends and kinsmen, and solicited their aid in his enterprise. It is to their credit that they joined him in it ; and much more to their credit that they faithfully administered the charter, by opening the door of emigration to all Christians, with an assurance of equal rights and privilege." 3 " This happy enterprise," continues the same author, " could not have succeeded under any other cir cumstances than those which existed. If Charles had been a Catholic prince, a Catholic proprietary would have procured a charter for the establishment of a Catholic province. If Calvert had been a Protestant nobleman, a Prot estant prince would have granted him a charter for a Protestant province. In either case it would have been proscriptive. Both of these predicaments were abundantly exemplified in the history of that period. Exclusiveness, intolerance, persecution of opposing sects, were the invariable characteristics iVol. i.,p. 248. 2 Discourse on Life and Character of George Calvert, &c, p. 42. 3 Lord Baltimore invited the Puritans of Massachusetts to emigrate to Maryland, offering them lands and privileges, and ' ' free liberty of religion ; ' ' but Gibbons, to whom he had for warded a commission, was " so wholly tutored in the New England discipline," that he would not advance the wishes of the Irish peer ; — and the people, who subsequently refused Jamaica and Ireland, were not now tempted to desert the Bay of Massachusetts for the Chesapeake. — Bancroft, I., 253. • CATHOLICISM AND COLONIZATION. 199 of early American colonization. It was to the rare and happy coincidence of a wise, moderate and energetic Catholic statesman asking and receiving a charter from a Protestant monarch, jealous of the faith, but full of honora ble confidence in the integrity of his servant, that we owe this luminous and beautiful exception of Maryland to the spirit of the colonization of the seventeenth century." But, with every disposition to favor the motives of Lord Baltimore, it must be admitted that there is much reason for believing that the king's con fidence was based upon his lordship's well-known devotion to his majesty's service, and that neither he nor the king was disposed to trust the people in the exercise of an independent judgment. They could well afford to trust the people, if the .people would but first place entire confidence in them ; and they could safely propose Democratic institutions, provided those institutions were to be governed by laws of their own proposing. It is but just that they should be commended for -their confidence in Democracy ; but it cannot be disguised that, while they had no misgivings in respect to their own liability to err, they had but little faith in the executive judgment of others. The very beginning of the government affords a key to the motives of both parties.1 The liberality of the charter warranted the expectation of a free- 1 In 16S8, when it was proposed in the assembly to consider again the laws sent by the Lord Proprietor, three questions appear to have been stated. " 1st. Whether the laws should now be read again in the house ; or, 2d. Whether they should be put to the vote immediately, without further reading ; or, 3d. Whether the subject should not be postponed to a future day, when a greater number of members might attend." On the question, " whether they should be received as laws, or not," the president, and Mr. Lewger (the secretary), " who counted by proxies fourteen voices," voted in the affirmative. All the rest of the assembly voted in the negative, " being thirty-seven voices," including probably their proxies. " The grounds and reasons of their objections to these laws," says Bozman, " do not appear on the journal ; but certain it is that a very warm opposition, among a large majority of the freemen, was made to their reception. Neither are we able, at this day, to judge of the merit br demerit of these laws sent in by the proprietor, by a perusal of them, as no copies of them are to be found on our records. Did the duty of the historian allow him to mention his con jectures, a plausible supposition might be made, that the dispute about the reception of these laws was dictated more by a political contest for the right of propounding laws to be enacted by the assembly than any other cause. We may suppose, on the other hand, also, that his rejection of tbe laws said to have been made by the colonists in 1635 was founded on this disputable right. "—i., 311, 312, 313. In illustration of this early contest between the Lord Baltimore and his colonists, relative to the right of propounding laws for the assembly to enact, it may be observed that about the same time (1634) a dispute, somewhat similar to it, took place between the Lord Deputy of Ireland and the Irish House of Lords. It will appear, perhaps, a, little extraordinary to Americans (in the present state of their political sentiments) when they are informed that an Irish statute, made in the 10th Henry 7th, commonly called Sir Edward Poyning's law, was enacted (as the statute expresses it) " at the request of the commons of the land of Ireland;" and was, during the 16th and 17th centuries, considered by the people of Ireland as the Irish Magna Charta, by which " no parliament was to be holden thereafter in the said land, but at such season as the king's lieutenant and council there first do certify the king, under the great 200 CATHOLICISM AND COLONIZATION. dom consistent with the dignity of self-government ;' and, when the people assembled to express their wishes and to act the part of legislators, they were met by a paternal policy, and opposed by the conservative wisdom of an aristocracy. The proprietary began by assuming that he could better pro vide for their wants than they could provide for themselves ; and, when he asked their assent to laws which he had framed for their adoption, he doubt less supposed that while he flattered their hopes by an agreement in princi ples, they would not be reluctant in sanctioning his plans by which those principles were to be reduced to practice.1 That Catholics should participate in the colonizing spirit of the age, and desire to establish communities in the new country favorable to the Church of Rome, was perfectly natural and reasonable. To succeed in such an undertaking required careful study. Not so much in deciding upon the best plan, as in finding out the only one of a practicable nature that could be exe cuted. The identity of Catholicism was surrendered on the altar of tolera tion, and Papists were trusted by Protestants because Protestants were favored by Papists.2 But this was not all. The jealousy of the people was seal of that land, the causes, and considerations, and all such acts, as to them seemeth should pass in the same Parliament, and such causes, considerations and acts, affirmed by the king and his council (in England), and his license thereupon, as well in affirmation of the said causes and acts as to summon the said Parliament, had and obtained." The Irish House of Peers contended (1634) that, being the king's hereditary council, they could originate statutes to be sent to England for the king's approbation, according to the statute ; but Lord Wentworth (the then lord lieutenant of Ireland) protested against the proposition. And, indeed, the words of the statute seem clearly to have justified his idea. — (See Leland's History of Ire land, vol. ii., p. 108, and the Appendix thereto, vol. in., p. 20 ; also 4 Inst, 352.) Thus Lord Baltimore, an Irish peer, might have been led to construe his charter, like Poyning's law, vesting him with the prerogative of first propounding to the assembly such laws as were to be enacted ; but, whether he ever meant to contend for such a prerogative or not, it is cer tain that the assembly, after this session of 1637-8, ever afterwards exerted the right of framing their own laws, to be subsequently approved and assented to by the Lord Proprietor. — Bozman, i., p. 382, note. 1 " In the early history of the United States," says Bancroft, " nothing is more remarka ble than the uniform attachment of each colony to its franchises ; and popular assemblies burst everywhere into life with a consciousness of their importance, and an immediate capacity for efficient legislation. The first assembly of Maryland had vindicated the juris diction of the colony; the second had asserted its claims to original legislation ; the third, which was now convened (1639), examined its obligations. And, though not all its acts were carried through the forms essential to their validity, it yet displayed the spirit of the people and the times, by framing a declaration of rights." — Vol. i., p. 250. 2 "A close survey of the tendency of political affairs, and the state of religious feeling in England and in his province, now determined the proprietary to change his colonial policy, and to transfer the government of Maryland from the hands of the Catholics, who had held it since the first settlement, to those of Protestants. Accordingly, in the summer of 1648 (June 20th) he set his seal to new conditions of plantation, in which he inserted the restrict ive clause, concerning religious fraternities, that the fathers had successfully opposed, six years before. These were followed by a commission (August, 1648) appointing to the gov ernment of Maryland Captain William Stone, a Protestant and a gentleman of standing, who INFLUENCE OF TRUTH. 201 to be quieted by proposing to them a greater liberty than any one had asked ; and their confidence and affection were to be secured by a constant and faith ful oversight in regard to their true interests, more than they had been accustomed to see. Such appears to have been the enlightened policy of Lord Baltimore. He gained a victory by surrender, and acquired a confi dence by concession ; but his successors were mastered by principles which he endeavored to control, and they were led to the adoption of practices which he honestly endeavored to avoid. As darkness vanishes before the tide of light, so bigotry melts in the presence of truth, and the spirit of oppression is powerless when met by the strong arm of Democracy. A policy of wisdom is never barren of beneficial results.1 But, if Lord Baltimore was just in his plans and liberal in his concessions, he failed to make a distinction between motives of benevolence and the influences of public opinion, — between his own dispositions and opinions and 'the prob able views of his successors. Catholics may die, but Papacy remains. Protestantism may sleep, but only to be awakened by new events calcu lated to encourage activity. Reaction can only come from action. Men are excited to do to-day what yesterday was anticipated by no one ; and what is true of man in this respect, as an individual, is particularly true had for some years been high sheriff of Southampton county, in Virginia, and who had recently contracted to introduce five hundred settlers, of English or Irish descent, into the province. The commission to Governor Stone and the accompanying papers are remarkable, as indicating the first, steps. of Lord Baltimore in a system of politic deference to the pre vailing religious and political opinions of the times, an entire remodelling of the laws, and a legislative recognition of the principles of toleration previously practised in the colony, and then upheld by the Independents alone in England, but not even by them extended to the Roman Catholics. "The honor of originating this measure has long been the subject of controversy, and claimed alike by Catholics and Protestants. By the former, on the ground that the instruc tions and laws which embodied that divine principle emanated from Lord Baltimore ; by the latter, because the laws were enacted by a Protestant Assembly, over whom and whose con stituents they were to be enforced. My investigations into the origin of these laws have con vinced me that' they originated, primarily, neither with Lord Baltimore nor the Assembly ; that their provisions sprang from no congenial principles at that day active in either the Catholic or Protestant divisions of the church ; that they were drawn up in deference to the progressive doctrines and increasing political strength of .the Independents in England, as well as to meet the wants of the mixed population of the province ; and their adoption was an act prompted far less by feelings of religious benevolence than by civ.il necessity. If this view be correct, neither Catholics nor Protestants, as sects, at the. present day, have any especial ground for self-laudation on the subject, nor any reason for attempting to make cap ital, in opposition to each other, out of what was done by their predecessors in Maryland two hundred years ago." — Streeter's Discourse, p. 39. This quotation is given that the views of the writer may be known, and not because his reasoning is regarded as entirely conclusive. 1 " It is a singular fact," says Bancroft, " that the only proprietary charters, productive of considerable emolument to their owners, were those which conceded popular liberty." — Vol. I., p. 242. 26 202 CHARLES II. AND MARYLAND. of communities and of nations. Lord Baltimore reasoned well in regard to his own colony and himself, but badly in respect to the permanent source of his power and the nature of his relations to the other colonies. He failed to quiet claims made by Protestants in a Protestant country. He rested upon a fatal confidence as secure against enemies who never appreciated his motives, but only watched an opportunity to crush him ; and he relied upon a sover eignty which, while it conferred an independence upon others, had not the control of its own.1 The sovereignty of Charles I. was diffused in the com monwealth. The sovereignty of Charles II. was gathered and compounded by an indignant monarch ; and the elements which had centred in his father, and newly combined in the loose conceptions of the son, were taken with a discriminating hand. The official identity of the Lord Proprietor had been lost in the changes of government, and in the progress of things.2 1 Charles Calvert, who governed the province from 1661 with a high reputation for virtue and abilities, succeeded his father as proprietary in 1676. He immediately convened an assembly, in which he presided in person. They carefully revised the whole code of laws. They repealed the unnecessary; they explained the obscure ; they confirmed the salutary. So says Chalmers. Yet, when the proprietary visited England he was saluted with com plaint. The Bishop of London represented to the committee of plantations the deplorable state of Maryland with regard to religion ; that, while the Roman Catholic priests were endowed with valuable lands, the Protestant ministers of the Church of England were utterly destitute of support, whereby immorality reigned triumphant there. Lord Baltimore, in jus tification of himself and the province, cited the act of 1649 concerning religion, which had been confirmed in the year 1676 as a perpetual law, and which tolerated and protected every sect of Christians, but gave special privileges to none. He asserted that four ministers of the Church of England were in possession of plantations which afforded them a decent subsistence ; but that, from the various religious tenets of the members of assembly, it would be extremely difficult, if not impossible, to induce it to consent to a law that should oblige any sect to maintain other ministers than its own. However satisfactory and decisive was this answer, it seems not to have procured perfect acquiescence. The committee declared that they thought fit there should be some maintenance for the clergy of the church. For a season complaints were silenced, but soon again he was accused of "partiality to Papists." It was in vain for him to represent that the laws of his province gave equal encouragement to men of every sect, without favoring any ; that he had endeavored to divide the offices of his government as nearly equal among Protestants and Roman Catholics as their different abilities would per mit ; that he had given almost the whole command of the militia to the former, who were intrusted with the care of the arms and military stores. The ministers of Charles II. , to throw the imputation of Popery from their own shoulders, commanded " that all offices should be put into Protestant hands. ' ' Lord Baltimore was accused of obstructing the custom-house offi cers in the collection of parliamentary duties. Charles II. complained bitterly that he should obstruct his service, and discourage the officers of the customs in the execution of their duty, after the many favors which had been heaped upon him and his father. In 1689 an associa tion in arms was formed for the defence of the Protestant religion, and for asserting the right of King William and Queen Maryto that province and all the English dominions. John Coode was placed at the head of this association. The king transmitted orders to those who had thus acquired power, to exercise it in his name for the preservation of peace. — See Chalmers' Annals, p. 364-374. 2 " When the throne and the peerage," says Bancroft, " had been subverted in England, it might be questioned whether the mimic monarchy of lord Baltimore should be permitted to DEMOCRACY OF LORD BALTIMORE. 203 Maryland had been settled as if a colony or state could exist and thrive without adapting itself to external and surrounding conditions. It stood upon a basis too narrow for a continental policy, and relied upon theories too partial for humanity. It was checked by the pressure of party principles external to itself, and what existed in harmony with the spirit of the land was saved, fostered, and sustained. Maryland became subject to Protestant control, and preserved to the last, through struggles incident to subserviency, ' those democratic features of government which were established by its founder, and which prepared the way for a union favorable to independence. It was with a lively sense of the great truths of Democracy that Lord Baltimore proposed so broad a basis for the government of Maryland, although he could hardly understand in what way it was to be administered without a conserva tive control. As a Papist, he could see a nation without a Pope,1 as a lord i , \ continue. When hereditary power had ceased in the mother country, might it properly exist in the colony > It seemed uncertain if the proprietary could maintain his position ; and the scrupulous Puritans hesitated to take an unqualified oath of fealty, with which they might be unable to comply. Englishmen were no longer lieges of a sovereign, but members of a commonwealth (1650) ; and, but for the claims of Baltimore, Maryland would equaUy enjoy the benefits of republican liberty. Great as was the temptation to assert independence, it would not have prevailed, could the peace of the province have been maintained. But who, it might well be asked, was the sovereign of Maryland ? Her " beauty and extraordinary goodness " had been to her a fatal dowry ; and Maryland was claimed by four separate aspi rants. Virginia was ever ready to revive its rights to jurisdiction beyond the Potomac, and Clayborne had already excited attention by his persevering opposition. Charles II., incensed against Lord Baltimore for his adhesion to the rebels and his toleration of schismatics, had issued a commission to Sir William Davenant. Stone was the active deputy of Lord Balti more, and Parliament had already appointed its commissioners. — Vol. I., pp. 258-259. 1 A proclamation had been issued by Leonard Calvert, the governor, in 1638, to prohibit all unseasonable disputations in point of religion, tending to the disturbance of the public peace and quiet of the colony, and to " the opening of faction in religion." Captain Corn waleys, a Catholic gentleman, one of the most distinguished and authoritative persons in the province, had two Protestant servants, by the name of Gray and Sedgrave. These two chanced to be reading aloud together Smith's sermons, a Protestant book, and were overheard by Wil liam Lewis, an overseer in the employment of Cornwaleys. Lewis was a zealous Catholic ; and it happened that the servants, when overheard by him, were reading a passage to which he took great exception. It charged the Pope to be Antichrist, and the Jesuits to be anti christian ministers. Lewis, it seems, supposed this was read aloud to vex him ; whereupon, getting into a passion, he told them "that it was a falsehood, and came from the devil, as all lies did : and that he that writ it was an instrument of the devil, and he would prove it ; and that all Protestant ministers were the ministers of the devil ;" — and he forbade them reading more. Without going further into the particulars, it will be sufficient to relate that the two ser vants prepared a formal complaint against the overseer, to be submitted to the governor and council ; that Captain Cornwaleys himself gave the case another direction, by sending it into court, of which Governor Calvert, Cornwaleys, and Mr. Lewger, the Secretary of Province, were the members ; that this court summoned all the parties before it, heard the whole case, and fined Lewis five hundred pounds of tobacco, and ordered him to remain in prison until he should find sureties for his good behavior in future. — See Bozman. In commenting upon this anecdote, Kennedy says that "it very strikingly displays the 204 PENNSYLVANIA. he could see a people without a nobility ; but as a man, he was not practi cally prepared to comprehend either the dignity of his nature, or the justice of equal rights. Catholicism and Protestantism joined hands with a concili atory spirit on the continent, and Papacy became identified with Democracy in America. But the principles of Democracy remained to be still further illustrated by a Quaker, in the settlement of PENNSYLVANIA.! Sectarian zeal had had its seasons of contest, intolerance its victims, and war its desolations. Religion in its benignity, and patriotism in its lofty aims, had blessed. the continent with examples of mutual forbearance and exalted freedom. It now remained for the spirit of peace, in its " modest stillness and humility," to exert its sway in a sovereignty of brotherly love.. William patriarchal character 'of the government, and its extreme solicitude to keep all religious bick erings and discontents out of the province." It must be considered, however, that " extreme solicitude ' ' may arise from different and opposite motives. Calvert could not have been indif ferent to the fact that his settlement was in a Protestant country, and favored by a Protestant king. His solicitude would naturally spring rather from his sense of weakness, than from any want of disposition to favor his own religion, provided he had the necessary power. — See Kennedy's Hist. Discourse, p. 44. 1 Pennsylvania was originally settled by different detachments of planters under various authorities, Dutch, Swedes and others, which at different times occupied portions of land oh South or Delaware river. The ascendency was finally obtained over these settlements by the Governors of New York, acting under the charter of 1664, to the Duke of York. It continued in a feeble state until William Penn, in March, 1681, obtained a patent, from Charles II. , by which he became proprietary of an ample territory, which, in honor of his father, was called Pennsylvania. The boundaries described in the charter were on the east by Delaware river from twelve miles distance northwards of Newcastle town, to the forty-third degree of north latitude, if the said river doth extend so far northward ; but if not, then the said river so far as it doth extend ; and, from the head of the river, the eastern bounds are to be determined by a meridian line to be drawn from the head of said river unto the said forty-third degree of north latitude. The said lands to extend westward five degrees in lon gitude, to be computed from the said eastern bounds, and the said lands to be bounded on the north by the beginning of the forty-third degree of north latitude ; and on the south by a circle drawn at twelve miles distance from Newcastle, northward and westward, to the begin ning of the fortieth degree of northern latitude ; and then by a, straight line Westward to the limits of the longitude above mentioned. " This impossible boundary,", says Bancroft, " received the assent of the agents of the Duke of York and Lord Baltimore." A new frame of government was, with the consent of the General Assembly, established in 1683. In 1692 Penn was deprived of the government of Pennsylvania by William and Mary, but it was again restored to him in the succeeding year. A third frame of government was established in 1696. This again was surrendered, and a new final charter of government was, in October, 1701, with the consent of the General Assembly, established, under which the province continued to be governed down to the period of the American Revolution. — See Story's Commentaries. WILLIAM PENN. 205 Penn desired " all good men's love.," as afterwards James Oglethorpe com manded all good men's charity. William Penn 1 was better prepared than Lord Baltimore could have been l William Penn was descended from an ancient family, of the same name, in the fifteenth century, at the village of Penn, in Buckinghamshire, England. Further traces of this fam ily are to be found in Penlands, Penn-street, Penn-house, Penwood, — all of them the names of places in the same county. From William Penn, at Penn's Lodge, who died March 12, 1591, eames Giles Penn. Giles, it is known, was a captain in the royal navy. He was, also, for some time* English consul in the Mediterranean. He had a son William, born in 1621, who entered the navy and became a distinguished officer. He commanded, at a very early age, the fleet whioh Oliver Cromwell sent against Hispaniola. After the restoration of Charles H. , he was commander under the Duke of York in that great and terrible sea-fight against the Dutch, under Admiral Opdam, in the year 1665, where he contributed so much to the victory, that he was knighted. He was ever afterwards received with all the marks of private friendship at court. The following extract is taken from an inscription which is to be seen on his monument, erected by his wife, in Radcliffe church, in the city of Bristol : " He was made oaptain at the years of twenty-one, rear admiral of Ireland at twenty- three, vice-admiral of Ireland at twenty-five, admiral to the Streights at twenty-nine, vice-admiral of England at thirty-one, and general in the first Dutch war at thirty-two ; whence returning anno 1655, he was Parliament man for the town of Weymouth ; 1660 made commissioner of the admiralty and navy, governor of the town and fort of Ring- sale, vice-admiral of Munster, and a member of that provincial council ; and anno 1664 was chosen great captain commander under his royal highness in that signal and most evidently successful fight against the Dutch fleet." He died at Wanstead, in the county of Essex, September 16, 1670, aged forty-nine years. He married Margaret, the daughter of John Jasper, a merchant of Rotterdam, in Holland ; and they had one son, William, who was born in London, in the parish of St. Catharine, on Tower Hill, October 14, 1644. The admiral, trained only to the arts of war, has been more distinguished in the annals of history as the father of the Quaker than as the " great captain " in the fleet of his sover eign, — more known as the ancestor of a democrat than as a knight of royalty, or friend at oourt. It is not a little remarkable that one who so early and constantly employed himself iu the strifes of battle should be parent to a son who, from his days of youth to the end of his life, opposed all war, and favored no policy but that of peace. The son was sent to Christ's Church College, Oxford, when he had arrived at the age of fifteen years ; and he early distinguished himself by his great attention to the college exer cises, and by his aversion to show and ceremony. ¦ When Charles II. ordered that the surplice should be worn by the students, according, to the custom of ancient times, young Penn was so opposed to the execution of the orderthat he, with his friend Spencer (afterwards the Earl of Sunderland), and some others, combined and fell upon those students who appeared in surplices, and tore them everywhere over their heads. For this outrage, he and.several of his associates were expelled. His father could not be otherwise than displeased with his son's conduct, although he was more troubled with his inclination to associate with religious people, and avoid fashionable life. The admiral was fearful that his son would not be fitted to fill that station in life which was before him. He was prompted by feelings of parental pride to save him from the dis grace of being religious in any way but that prescribed by the church. He had recourse to argument. This failing, he proceeded to blows. Meeting with no success by blows, he turned him out of doors. Passion had mastered the parent. The parent relented, — the son was forgiven. He was then (1662) sent to Paris. -It was supposed that French manners might correct the growing gravity of his mind. While there, it is related of him, that he was attacked one evening in the street -by a person who drew his sword upon him in consequence 206 WILLIAM PENN. to provide a more perfect system of government, having observed and studied the experience of colonies already established. It is true he was but little of a suppcsed affront. A conflict ensued. William disarmed his antagonist, but proceeded ho further, sparing his life when he could have taken it. He remained in Paris a short time, but soon left for Saumur, whither he went to avail himself of the conversation and instruction of the learned Moses Amyrault, a Protestant minister of the Calvinistic denomination, and Professor of Divinity at Saumur. Amyrault was highly respected both by the Catholic and the Protestant. With this learned divine he read the fathers, studied theology and the French language. As he was about to visit Italy he received a letter from his father, desir ing him to return home, to take care of his affairs during his absence in the war against the Dutch. On his return, on the suggestion of his father, he became a student of Lincoln's Inn, where he remained about a year, until he was compelled to leave, on account of the great plague in London. This was in 1665, in which year he became of age. When he returned from the continent, his father mistook his cheerful temper and polished manners for change of mind. On his return, however; in 1666, he discovered his mistake. William found no pleasure but in the society of religious people. ' Having flattered himself that he was successful before in changing the habits of his son, he again attempted to sub due him to his wishes. He was now sent to Ireland, — not for instruction so much as diver sion. It was supposed that he might be led to dismiss his grave tendencies of mind at the lively court of the Duke of Ormond, who was then Lord Lieutenant. Not so. His father then tried the effects of a business commission. He owned large estates in Ireland, and William was intrusted with the sole management of them, much to his own relief and to the satisfaction of the father. Still, he was a Quaker, and attended Quaker meetings. He was arrested at one of these meetings, in 1667, on the plea of a proclamation issued in 1660 against tumultuous assemblies. He was committed to prison, but soon released, to return again to his unhappy father. He was now a confirmed Quaker. His father saw it, and told him " that he would trouble him no more on the subject of his conversion, if he would only consent to sit with his hat off in his own presence, and in that of the king and the Duke of York." What terms of surrender for a father to make to an only son ! William loved and respected his father, but he could not be induced to favor " hat-worship." Only in the service of his Maker could'he justify himself in the act of uncovering the head, according to the practice enjoined by St. Paul. The admiral heard his answer, but it enraged him. He again banished his son from his presence ; little thinking that, by such an act, he was claiming a position for royalty and himself, in the affections of another, equal to that conceded by the Christian world to the Almighty Ruler of the universe ! In 1668 William became a preacher and a writer. For his writings he was sent to the Tower. He was told by the Bishop of London that he would be imprisoned for life, unless he would renounce his heresies. " My prison shall be my grave," was his independent reply. Stillingfleet was appointed by Charles II. kindly to reason with him. " The Tower is to me the worst argument in the world," was his emphatic message to' the king. He was released, but still to be active in aiding his persecuted brethren, and in declaring the truth according to his convictions of duty. He was now (1669) reconciled to his father. In his last days his father was led to admire what he had too often condemned in his son. In 1670 he was again sent to the Tower, and to Newgate, for preaching. He was tried at the Old Bailey, and acquitted. During this celebrated trial he appeared with great dignity, asserted his rights with clearness and accuracy, inspired the jury with a confidence that was authorized by Magna Charta, and put to shame the judges who sought only to deprive him of his liberty without reference to law. (See some account of this trial in Clarkson's Penn, vol. i., p. 53 ; Bancroft, n., 371.) In 1671, while in Newgate, he actively employed his pen in behalf of the cause of freedom. When liberated from prison, he travelled into Holland and Germany, to spread his religious views. He returned to England in 1672. He now entered into the married state. He took WILLIAM PENN. 207 influenced by others, except to manifest an earnest desire to avoid their errors ; and, as these were more studied in their results than in their causes, he as often failed in rendering his own theories complete as he succeeded in cor recting the theories of others. He was a confident believer in funda mental principles, but he did not appear to comprehend the slow conditions of progress. " Things do not change," says he, in a letter to a friend. " Causes and effects are ever the same ; and they that seek to over-rule the eternal order fight with the winds, and overthrow themselves." And yet, but few at an early age attempted more, or found less to commend in the wisdom of the past. The consciousness of his own high motives of integ rity led him to adopt extravagant views of man's present capability; but his sentiments were in advance of his knowledge, and his philosophy was not kept in harmony with his prayers. It could not be said that he was ignorant of practical life, for few enjoyed superior opportunities as the subject of incident, or as the observer of things. Government in its various forms, administered both by its official dignitaries and by proxy, became with him an absorbing topic ; and his constant intercourse with men of every class of mind, condi tion and rank, enabled him to become familiar not only with the elements of power to be found in the bosom of society, but with the wants of humanity. He was early tested by parental austerity, and, by his uncompromising spirit of allegiance to his Maker, he frequently became the subject of governmental proscription and oppression. He had position by birth, and opportunities of influence by wealth. He seemed to realize, with unspeakable delight, the sublime truth that " God is love; " and in this universal truth he saw both the duty and destiny of man. With "an inward submission of the soul to the will of God," he earnestly sought to check the inordinate desires of the flesh. Self-denial was his principle of action ; and whatever he attempted to do was adjusted to the standard of right, and without regard to conse quences. Expediency made no part of his theory in politics, morals, or religion.1 He gave utterance to his convictions without disguising them, and for his wife Gulielma Maria Springett, daughter of Sir William Springett, of Darling, in Sussex. She was esteemed a woman of extraordinary worth and beauty. From this period to 1676, when he first takes an interest in the colonial affairs of America, and" to 1680, when he plans the colony of Pennsylvania, he spent most of his time in travelling, preaching, and writing. His writings were on religious and national topics ; and they discover much mental activity, much research, and a spirit of great sincerity. As the remainder of his life is briefly given in other portions of this chapter, so far as it is deemed necessary to illustrate the early history of his colony, this note is not extended further than to give the period of his death. In 1718, " after a continued and gradual declension for about six years," he died at Rush- comb, July 30th, aged 73 years. — See Clarkson. l In his dedication of the Memoirs of the Life of William Penn to Lord Holland, Thomas Clarkson denominates him * the first statesman who, banishing political expediency, founded his public conduct solely on the principles of justice, by which he furnished a model of gov ernment capable of producing to his own people a superior degree of morality and happi ness," &c. 208 NEW JERSEY. when he acted he prized more an inward $eace than an outward popularity. His excesses were those of benevolence, and to these may be traced most of his errors. When Penn projected the settlement of Pennsylvania, he was not without some experience in the business of colonization. He had served for several years as a trustee in the management of West New Jersey, and in 1681 he became a joint proprietor of East New Jersey.1 Whether he was led to 1 In 1676 Penn was appointed as a,n adviser in the colonial concerns of New Jersey. Lord Berkeley-, who was joint proprietor of New Jersey, with Sir George Carteret, had, in the pre ceding year, sold his half-share of it to John Fenwick in trust for Edward Byllinge. A dis pute arose between the latter parties, and Penn was appointed arbitrator, and, by means cf the most exemplary perseverance, amicably adjusted their differences. He was afterwards induced to become a trustee, and subsequently a joint proprietor. New Jeksht was a part of the territory granted to the Duke of York, and was by him granted in June, 1664, to Lord Berkeley and Sir George Carteret, with all the rights, royal ties and powers of government, which he himself possessed. The proprietors, for the better settlement of the territory, agreed in February, 1664-5, upon a constitution or concession of government. This constitution continued until the province was divided, in 1676,_between the proprie tors. By that division East New Jersey was assigned to Carteret, and West New Jersey to those who had purchased of Berkeley. Penn was one of the number. Carteret then explained and confirmed the former concessions for the territory thus exclusively belonging to himself. The proprietors, also, of West Jersey prepared another set of concessions for the settlers .within that territory. They contain very ample privileges to the people. Whether these concessions became the general law of the province seems involved in some obscurity. - There were many difficulties and contests for jurisdiction between the governors of the Duke of York and the proprietors of the Jerseys ; and these were not settled until after ' the duke, in 1680, finally surrendered all right to both by letters-patent granted to the respective proprietors. In 1681 the governor of the proprietors of West Jersey, with the con sent of the General Assembly, made a frame of government embracing some of the funda mentals in the former concessions. There was to.be a Governor and Council, and a General Assembly of representatives of the people. The General Assembly had the power to make laws, to levy taxes, and to appoint officers. Liberty of conscience was allowed, and no persons rendered incapable of office in respeot of their faith and worship. 'West Jersey continued to be governed in this manner until the surrender of the proprietary government, in. 1702. Carteret died in 1679, and, being sole proprietor of East Jersey, by his will he ordered it to be sold for payment of his debts ; and it was accordingly sold- to William Penn and eleven others, who were called the Twelve Proprietors. The number of proprietors was afterwards increased to twenty-four ; and to these the Duke of York, in March, 1682, made his third and last grant of East Jersey. Very serious dissensions soon arose between the two provinces themselves , as well as between them and New York. A quo warranto was ordered by the crown, in UB86, to be issued against both provinces. East New Jersey immediately offered to be annexed to West New Jersey, and to submit to a governor to be appointed by the crown. Soon afterwards the crown ordered the Jerseys to be annexed to New England, and the pro prietors of East Jersey made a formal surrender of its patent, praying only for a new grant securing the right of soil. Before this request could be granted, the revolution of 1688 took place, and they passed under the allegiance of a new sovereign. From this period both of these provinces were in a state of great confusion, and remained so until the proprietors of both made a formal surrender of all their powers of government, but not of their lands, to Queen Anne, April, 1702. The queen immediately reunited both NEW JERSEY. 209 plan a new colony with a view to a*separate control, to test a theory, to grat ify a benevolence, " to serve God's truth and people," to civilize the Indians, provinces into one, and by commission appointed a governor over the same. — See Story's Commentaries. " In New Jersey," says Bancroft, " had the proprietary power been vested in the people, or reserved to one man, it would have survived ; but it was divided among speculators in land, who, as a body, had gain, and not freedom, for their end. " In April, 1688, ' the proprietors of East New Jersey had surrendered their pretended right of government,' * and the surrender had been accepted. In October of the same year the council of the proprietaries, not of the people, of West New Jersey, voted to surrender to the secretary-general for the dominion of New England ' all records relating to government.' Thus the whole province fell, with New York and New England, under the consolidated gov ernment of Andros. At the Revolution, therefore, the sovereignty of New Jersey was merged in tho crown ; and the leading maxim, soon promulgated by the lords of trade, that the domains of the proprietaries might be bought and sold, but not their executive power, weak ened their attempts at the restoration of their authority. "Will you know with how little government a community of husbandmen may be safe? For twelve years the whole province was not in a settled condition. From June, 1689, to August, 1692, East New Jersey had no government whatever, being, in time of war, without military officers, as well as without magistrates ; and afterwards commissions were issued by two sets of proprietors, of which each had its adherents, while a third party, swayed by dis gust at the confusion, and also by disputes about land-titles, rejected the proprietaries alto gether. In the western moiety, Daniel Coxe, as largest owner of the domain, claimed exclu sive proprietary powers ; yet the people disallowed his claim, rejecting his deputy, under the bad name of a Jacobite. In 1691 Coxe conveyed such authority as he had to the West Jersey Society ; and, in 1692, Andrew Hamilton was accepted in the colony as governor under their commission. Thus did West New Jersey continue, with a short interruption in 1698, till the government was surrendered. But the law officers of the crown questioned even the tempo rary settlement, and the lords of trade claimed New Jersey as a royal province, and they proposed a settlement of the question by ' a trial in Westminster Hall on a feigned issue.' The proprietaries, threatened with the ultimate interference of Parliament, in respect to prov inces ' where,' it was said, 'no regular government had ever been established,' resolved rather to resign their pretensions. In the first year of Queen Anne, the surrender took place before the privy council. " It is worthy of remark, that the domain, ceasing to be connected with proprietary powers, remained, under the rules of private right, safe to its possessors, and was never confiscated. After the Revolution, even to the present time, their rights have been respected like other titles to estates. So true it is that the separation of private property from political questions tends to its security. " The surrender of ' the pretended ' rights to government being completed, the two Jerseys were united in one province ; and the government was conferred on Edward Hyde, Lord Cornbury, who, like Queen Anne, was the grandchild of Clarendon. " New Jersey never again obtained a charter. The royal commission and the royal instruc tions to Lord Cornbury constituted the form of its administration. To the governor appointed by the crown belonged the power of legislation, with consent of the royal council and the representatives of the people. A freehold, or property qualification, limited the elect ive franchise. The governor could convene, prorogue or dissolve the assembly at his will, and the period of its duration depended on his pleasure. The laws were subject to an imme diate veto from the governor, and a veto from the crown to be exercised at any time. The governor, with the consent of his council, instituted courts of law, and appointed their offi- * Smith, 568, 211. 27 210 MOTIVES OF WILLIAM PENN. or was moved by all these considerations, it is quite certain that he was actu ated by high and disinterested motives in so extensively employing his means for the purchase of territory in the New World. - " The views of William Penn," says Proud, "in the colonization of Pennsylvania, were most mani- ifestly the best and most exalted that could occupy the human mind, — namely, to render men as free and happy as the nature of their existence could possibly bear, in their civil capacity ; and, in their religious state, to cers. The people took no part in constituting the judiciary. Liberty of conscience was granted to all but Papists, but favor was invoked for the Church of England. At the same time, its prosperity was made impossible, by investing the governor with the right of present ation of benefices. "In suits at law the governor and council formed a court of appeal. If the value in dispute exceeded two hundred pounds, the English privy council possessed ultimate jurisdic tion. Two instructions mark, one a declining bigotry, the other an increasing interest. ' Great inconvenience,' says Queen Anne, ' may arise by the liberty of printing in our prov ince ' of New Jersey : and therefore no printing-press might be kept, — 'no book, pamphlet, or other matters whatsoever, be printed without a license.' And, in conformity with English policy, especial countenance of the traffic ' in merchantable negroes ' was earnestly enjoined. Thus the courts, the press, the executive, became dependent on the crown, and the interests of free labor were sacrificed to the cupidity of the Royal African Company. " One method of influence remained to the people of New Jersey. The assembly must fix the amount of its grants to the governor. The queen did not venture to prescribe, or invite Parliament to prescribe, a salary; still less, herself to concede it from colonial resources. Urgent that all appropriations should be made directly for the use of the crown, to be audited by her officers, she wished a fixed revenue to be settled ; but the colonial deliberations were respected, and the wise assembly, which never established a permanent revenue, often embarrassed its votes of supplies by insisting on an auditor of its own. " The freemen of the colony were soon conscious of the diminution of their liberties. For absolute religious freedom, they obtained only toleration ; for courts resting on enactments of their own representatives, they now had courts instituted by royal ordinances ; — and the sense of their loss quickened their love of freedom by an undefined sentiment of having suf fered a wrong. By degrees they claimed to hold their former privileges by the nature of an inviolable compact. The surrender of their charter' could change the authority of the pro prietaries, but not impair their concessions of political liberties. Inured to self-reliance and self-government, no thought of independence sprung up among them ; but the Quakers and Puritans of East and West New Jersey, cordially joining to vindicate their common liberties, never feared an encounter with a royal governor, and were ever alert to resist encroachments on their rights. ' ' Retaining its own legislature, New Jersey was, for a season, included in the same gov ernment with New York. The first governor of West New Jersey had been the peaceful Thomas Olive, who, as a magistrate, had quietly dispensed justice seated on a stump in his fields, and, as a governor, had been content with twenty pounds a year. Did hopes dawn of a brighter day with a kinsman to the queen as governor of the united royal province ? In the administration of Olive there had been tranquillity and contentment, — the happiness of a blameless community under its own guardianship. Would more even justice be adminis tered by one so nearly allied to the nobility and the throne of England ? " — Vol. m., 46. It may be remarked that such men as Olive cultivated the principles of Democracy ; and that royalty, without intending it, rendered them available by placing the province in a position of pohtical activity. WILLIAM PENN AND- CHARLES II. 211 restore them to those lost rights and privileges with which God and nature had originally blessed the human race." At the period when Penn petitioned for land in America, his relations to the crown were peculiar. His father had advanced sums of money, from time to time, for the good of the naval service, and a portion of his salary also remained unpaid. These sums, including interest, now amounted to sixteen thousand pounds. How far he was influenced by considerations con nected with these claims, or in what degree the king was moved to favor a petition which would cancel so considerable a debt, does not clearly appear in history. He is recorded as the petitioner for the grant, and as the proposer of conditions to cancel his debt for land, although his majesty Charles II. has the credit of a persisting condescension in naming the province.1 The petition was opposed, but the charter was granted.2 For a considerable period the influence of Penn at court was great. Quakerism was a peaceful element. Its dissent was passive, — its activity defensive. "The moral power of ideas," says Bancroft,3 "is constantly effecting changes and improvements in society. No Quaker book has a trace of scep ticism on man's capacity for progress. Such is the force of an honest pro fession of truth, the humblest person, if single-minded and firm, ' can shake all the country for ten miles round.'4 The integrity of the inner light is an invincible power. It is a power which never changes. Such was the mes sage of Fox to the Pope, the kings and nobles of all sorts. It fathoms the world, and throws down that which is contrary to it.5 It quenches fire ; it daunts wild beasts ; it turns aside the edge of the sword ; it out-faces instru ments of cruelty ; it converts executioners. It was remembered with exult ation that the enfranchisements of Christianity were the result of faith, and not of the sword ; and that truth in its simplicity, radiating from the foot of the cross, has filled a world of sensualists with astonishment, overthrown their altars, discredited their oracles, infused itself into the soul of the mul titude, invaded the court, risen superior to armies, and led magistrates and 1 It was the intention of Penn to have had it called New Wales ; but the under-secretary, who was a Welshman, opposed it. He then suggested Sylvania, on account of its woods ; but they would still prefix Penn to it. He offered the under-secretary twenty guineas to give up his prejudices, and to consent to change the name ; for he feared lest it should be looked upon as vanity in him, and not as a respect in the king, as it truly was, to his father, whom he often mentioned with great praise. Finding that all would not do, he went to the king him- Belf to get the name of Penn struck out, or another substituted ; but the king said it was passed, and that he would, take the naming of it upon himself. — Clarkson's Penn, ±., 108. 2 William Penn had powerful friends in North, Halifax and Sunderland ; and a pledge given to his father on his death-bed obtained for him the assured favor of the Duke of York. Sustained by such friends, and pursuing his object with enthusiasm, he triumphed over " the great opposition" which he encountered. — Bancroft, ir., 362. 3 Vol. ii., 350. * Fox, 112 ; Penn, i., 347, 348. 5 Fox, 176. 212 INNER LIGHT THE RULE OF CONDUCT. priests, statesmen and generals, in its train, as the trophies of its strength exerted in its freedom. 1 " Thus the Quaker was cheered by a firm belief in the progress of society. Even Aristotle, so many centuries ago, recognized the upward tendency in human affairs; a Jewish contemporary of Barclay declared that progress to be a tendency towards popular power ; George Fox perceived 2 that the Lord's hand was against kings ; and one day, on the hills of Yorkshire, he had a vision that he was but beginning the glorious work of God in the earth ; that his followers would in time become as numerous as motes in the sun beams ; and ttait the party of humanity would gather the whole human race in one sheep-fold.3 Neither art, wisdom, nor violence, said Barclay,4 con scious of the vitality of truth, shall quench the little spark that hath appeared. The atheist, — such was the common opinion of the Quakers, — the atheist alone denies progress, and says in his heart, All things continue as they were in the beginning.5 " If, from the rules of private morality, we turn to political institutions, here also the principle of the Quaker is the inner light. He acquiesces in any established government which shall build its laws upon the declarations of 'universal reason.'6 But government is a part of his religion;7 and the religion that declares ' every man enlightened by the divine light ' establishes government on universal and equal enfranchisement. " 'Not one of mankind,' 8 says Penn, "is exempted from this illumina tion.' — ' God discovers himself to every man.' He is in every breast, — in the ignorant drudge, as well as in Locke or Leibnitz. Every moral truth9 exists in every man's and woman's heart, as an incorruptible seed. The ground may be barren,10 but the seed is certainly there. Every man is a little sovereign to himself.11 Freedom is as old as reason itself, which is given to all,12 constant and eternal, — the same to all nations.13 The Quaker is no materialist.14 Truth and conscience are not in the laws of countries ; they are not one thing at Rome and another at Athens ; they cannot be abrogated by Senate or people.15 Freedom and the right of property were in the world before Protestantism.15 They came not with Luther ; they do not vanish with Calvin. They are the common privilege of mankind. "The Bible enfranchises those only to whom it is carried; Christianity, those only to whom it is made known ; the creed of a sect, those only within its narrow pale. The Quaker, resting his system on the inner light, redeems l Penn, i., 347. 6 Penn, i., 202. « lb. 168, 169. 2 Fox, 175. 7 Fox, 72. 12 Penn, m., 183 ; Etj. 1., 203. 3 Fox, xxv. 8 penn, 1., 320. " Barclay, 183. * Barclay, 54G. 9 Penn, 1., 323. 1* Penn, 11., 552. * Besse, 11., 523. w Barclay, 295, 299. M Barclay, 183. w Barclay, 295, 299. M Barclay, 16 Penn, 1, 221; lb. 11., 294 ; lb. 1., 221. QUAKERISM A DEMOCRACY. 213 the race. Of those who believe in the necessity of faith in an outward reli gion, some have cherished the mild superstition that, in the hour of dissolu tion,1 an angel is sent from heaven ' to manifest the doctrine of Christ's pas sion ; ' the Quaker believes that the heavenly messenger is always present in the breast of every man, ready to counsel the willing listener. "Man is equal to his fellow-man. No class can, 'by long apprentice ship ' or a prelate's breath, by wearing black or shaving the crown,2 obtain a monopoly of moral truth. There is no distinction of clergy and laity. " The inner light sheds its blessings on the whole human race. It knows no distinction of sex. It redeems woman by the dignity of her. moral nature, and claims for her the equal culture and free exercise of her endowments. As the human race ascends the steep acclivity of improvement, the Quaker cherishes woman as the equal companion of the journey.3 " Men are equal.4 The Quaker knows no abiding distinction of king and subject. The universality of the inner light ' brings crowns to the dust,5 and lays them low and level with the earth.' ' The Lord will be king; there will be no crowns but to such as obey his will.' With God a thousand years are indeed as one day; yet judgment on tyrants will come at last,6 and may come ere long. " Every man has God in the conscience ; the Quaker knows no distinction of castes ; he bows to God, and not to his fellow-servant. ' All men are alike by creation,' says Barclay;7 and it is slavish fear which reverences others as gods. ' I am a man,' 8 says every Quaker, and refuses homage. The most favored of his race,9 even though endowed with the gifts and glories of an angel, he would regard but his fellow-servant and his brother. The feudal nobility still nourished its pride. ' Nothing,' says Penn,10 ' nothing of man's folly has less show of reason to palliate it.' — ' What a pother has this noble blood made in the world ! ' — ' But men of blood have no marks of honor stampt upon them by nature.' The Quaker scorned to take off his hat to any of them ; he held himself the peer of the proudest peer in Christen dom. With the eastern despotism of Diocletian, Europe had learned the hyperboles of eastern adulation ; but, ' My Lord Peter and My Lord Paul are not to be found in the Bible ; My Lord Solon or Lord Scipio is not to be read in Greek or Latin* stories.' And the Quaker returned to the simplicity of Gracchus and Demosthenes, though ' Thee and Thou proved a sore cut to proud flesh.' u This was not done for want of courtesy, which ' no religion destroys ; ' but he knew that the hat was the symbol of enfranchise ment, worn before the king by the peers of the realm, in token of equality ; i Barclay, 7. 4 Barclay, 169, 305, 312. 7 Barclay, 541. " i., 430. 2 Barclay, 309, 310, 811. 5 Fox, 175. 8 lb. 504. n Fox. 3 Fox, 59. 6 Besse, n., 523. 9 lb. 505. 214 PERSECUTION OF THE QUAKERS. — and the symbol, as adopted by the Quaker, was a constant proclamation that all men are equal. " Thus the doctrine of George Fox was not only a plebeian form of phi losophy, but also the prophecy of political changes. The spirit that made to him the revelation was the invisible spirit of the age, rendered wise by tra dition, and excited to insurrection by the enthusiasm of liberty and religion. Everywhere in Europe, therefore, the Quakers were exposed to persecution.1 Their seriousness was called melancholy fanaticism ; their boldness, self-will ; their frugality, covetousness ; their freedom, infidelity'; their conscience, rebellion. In England, the general laws against dissenters, the statute against Papists, and special statutes against themselves, put them at the mercy of every malignant informer. They were hated by the church and _ the Presbyterians, by the peers and the king. The codes of that day describe them as ' an abominable sect ; ' — ' their principles as inconsistent with any kind of government.' During the Long Parliament, in the time of the Protectorate, at the Restoration, in England, in New England, in the Dutch colony of New Netherlands, everywhere and for wearisome years they were exposed to perpetual dangers and griefs. They were whipped, crowded into jails among felons, kept in dungeons foul and gloomy beyond imagina tion, fined, exiled, sold into colonial bondage. They bore the brunt of the persecution of the dissenters. Imprisoned in winter without fire, they per ished from frost. Some were victims to the barbarous cruelty of 'the jailer. Twice George Fox narrowly escaped death. The despised people braved every danger to continue their assemblies. Haled out by violence, they returned. When their meeting-houses were torn down,2 they gathered openly on the ruins. They could not be dissolved by armed men ; and, when their opposers took shovels to throw rubbish on them, they stood close together, ' willing to have been buried alive, witnessing for the Lord.' They were 1 " The behavior of the Quakers," says Bishop Burnet, " was very extraordinary, and had something in it that looked like the spirit of martyrdom. They met at the same place and hour as in times of liberty, and when the officers came to seize them none of them would stir. They went all together to prison. They stayed there till they were dismissed ; for they would not petition to be set at liberty, nor pay the fines set upon them, nor so much as the prison-fees. When they were discharged, they went to their meetihg-house again, as before ; and when the doors were shut up by order, they assembled in great numbers" in the street before the doors, saying that they would not be ashamed nor afraid to disown their meeting together in a peaceable manner to worship God ; — but, in imitation of the prophet Daniel, they would do it more publicly, because they were forbid. Some called this obstinacy, others firmness ; but by it they carried their point, the government being weary of contending against so much perverseness." It has been truly remarked that, had Bishop Burnet " concluded with the word perseverance, instead of perverseness, his description had been less objectionable, as being nearer the truth." — Neal's Puritans, in., 170. 2 Barclay, 483, 484, 356. RELIEF TO QUAKERS. 215 exceeding great sufferers for their profession, and in some cases treated worse than the worst of the race." J But their sufferings, though great for a season, were not without their permanent compensations. "The Quakers had," says Macaulay, "since the Restoration, in spite of much ill-usage, submitted themselves meekly to ' the royal authority ; for they had, though reasoning on premises which the Anglican divines regarded as heterodox, arrived, like the Anglican divines, at the conclusion that no excess of tyranny on the part of the prince can justify active resistance on the part of a subject. No libel on the govern ment had ever been traced to a Quaker. In no conspiracy against the gov ernment had a Quaker been implicated. The society had not joined in the clamor for the Exclusion Bill ; and had solemnly condemned the Rye-house Plot as a hellish design, and a work of the devil. Indeed, the Friends then took very, little part in civil contentions; for they were not, as now, congre gated in large towns, but were generally engaged in agriculture, a pursuit from which they have been gradually driven by the vexations consequent on their. strange scruple about paying tithe. They were, therefore, far removed from the scene of political strife. They also, even in domestic privacy, avoided, on principle, all political conversation ; for such conversation was, in their opin ion, unfavorable to spirituality of mind, and tended to disturb the austere composure of their deportment." * * * "It happened, moreover, that it was possible to grant large relief to the Roman Catholic and to the Quaker without mitigating the suffering of the Puritan sects. A law which was then in force imposed severe penalties on every person who refused to take the oath of supremacy, when required to do so. This Jaw did not affect Presbyterians, Independents, or Baptists, for they were all ready to call God to witness that they renounced all spiritual connection with foreign prelates and potentates ; but the Roman Catholic would not swear that the Pope had no j urisdiction in England, and the Quaker would not swear to anything. .On the other hand, neither the Roman Catholic nor the Quaker was touched by the Five Mile Act, which, of all the laws in the statute-book, was perhaps the most annoying to the Puritan nonconformists." 2 Although it may be admitted that royal favors were granted with some reference to public interests, yet it would hardly be denied that those interests were too often seen through the refracting medium of favoritism and selfish ness. The fact that the king insisted, upon a name that was complimentary to the father of Penn indicated a gratified mind, and that the arrangement was quite m* accordance with his majesty's wishes. This supposition is more reasonable than to suppose that Penn was equally satisfied in surrendering so large a debt for a questionable property. 1 Fox, Pref., vu. , 10. 2 1.. 467-8. 216 DELAWARE. He called the territory his country. " After many waitings, watchings, sohcitings and disputes in council," he writes, "my country was confirmed to me under the great seal of England. God will bless and make it the seed of a nation. I shall have a tender care of the government, that it will be well laid at first." On the 8th of April, 1681, he issued the following proclamation to his vassals and subjects : 1 " My friends : I wish you all happiness here and hereafter. These are to 1 Pennsylvania included the principal settlements of the Swedes ; and patents for land had been made to Dutch and English by the Dutch West India Company, and afterwards by the Duke of York. To perfect his territory (1682), Penn desired to possess the bay, the river, and the shore of the Delaware, to the ocean. The territories, or three lower counties, now forming the State of Delaware, were in possession of the Duke of York ; and, from the conquest of New Neth erlands, had been esteemed an appendage to his province. His claim, arising from conquest and possession, had the informal assent of the king and the privy council, and had extended even to the upper Swedish settlements. It was not difficult to obtain from the duke a release of his claim on Pennsylvania ; and, after much negotiation, the lower province was granted by two deeds of feoffment. From the forty-third degree of latitude to the Atlantic, the west ern and southern banks of Delaware river and bay were under the dominion of William Penn. — Bancroft, ii., 363, 367. The territories were divided into three counties, and were called Newcastle, Kent and Sus sex, and at this time were inhabited principally by Dutch' and Swedes. Hi 1682, with the consent of the people, an act of union with the province of Pennsylvania was passed, and an act of settlement of a frame of government in a General Assembly, composed of deputies from the counties of Delaware and Pennsylvania. By this act the counties were, under the name of territories, annexed to the province, and were to be represented in the General Assembly, governed by the same laws, and to enjoy the same privileges, as the inhabitants of Pennsyl vania. Difficulties soon after arose between the deputies" of the province and those of the territories ; and, after various subordinate arrangements, a final, separation took place between them, with the consent of the proprietary, in 1703. From that period down to the American Revolution, the territories were governed by a separate legislature of their own, pursuant to the liberty reserved to them by a clause in the original charter, or frame of government. "The lower counties," says Bancroft, "became at once almost an independent democ racy ; for, as the authority of the proprietary was one of sufferance merely (1708), and was often brought into question, the executive power intrusted to the Governor of Pennsylvania was too feeble to limit the power of the people. Delaware had its own legislature, its own tribunals, its own executive offices, and virtually enjoyed' an absolute self-government." — hi., 44. The proper boundaries between the domains of Lord Baltimore and William Penn were considered before the committee of trade, and in 1685 the present limits of Delaware were settled by compromise. This decision formed the basis of an agreement between the respect ive heirs of the two proprietaries in 1732. Three years afterwards, the subject became a question in chancery; in 1750 the present boundaries were deoreed by Lord Hardwicke. Ten years afterwards they were, by agreement, more accurately defined ; and, in«l761, the line - between Maryland and Pennsylvania towards the west was run by Mason and Dixon. (See Bancroft, vol. n., p. 394.) Day says (Hist. Coll., p. 28), "In 1767 Charles Mason and Jeremiah Dixon, two distinguished mathematicians and astronomers, were employed to run the line, and erect stone pillars at conspicuous points." Hence the so famous " Mason and Dixon's Line." CERTAIN CONDITIONS AND CONCESSIONS. 217 lett you know that it hath pleased God in his providence to cast you within my lott and care. It is a business that, though I never undertook before, yet God has given me an understanding of my duty, and an honest minde to doe it uprightly. I hope you will not be troubled at your chainge and tho king's choice ; for you are now fixt at the mercy of no governour that comes to make his fortune great. -You shall be governed by laws of your own makeing, and live a free, and, if you will, a sober and industrious People. I shall not usurp the right of any, or oppress his person. God has furnisht me with a better resolution, and has given me his grace to keep it. In short, whatever sober and free men can reasonably desire, for the security and improvement of their own happiness, I shall heartily comply with. I beseech God to direct you in the way of righteousness, and therein prosper you and your children after you. I am your true friend." " Such," says Bancroft, " were the pledges of the Quaker sovereign, on assuming the government. It is the duty of history to state that, during his long reign, these pledges were redeemed." In July, 1681, the proprietor published "certain conditions, or conces sions,1 to adventurers," planned a form of government, and appointed William 1 Certain Conditions, ok Concessions, Agreed upon by William Penn, Proprietary and Governor of the Province of Pennsyl vania, and those who are the adventurers and purchasers in the same province, the eleventh of July, one thousand six hundred and eighty-one. First. That so spon as it pleaseth God that the above said persons arrive there, a quan tity of land or Ground plat shall be laid out for a large Town or City in the most convenient place upon the River for health and navigation ; and every purchaser aud adventurer shall by lot have so much land therein as will answer to the proportion which he hath bought or taken up upon rent, But it is to be noted that the surveyors shall consider what Roads or Highways will be necessary to the Cities, Towns, or through the lands. Great roads from City to City not to contain less than forty feet in breadth shall be first laid out and declared to be for highways before the Dividend of acres be laid out for the purchaser and the like observa tion to be had for the streets in the Towns and Cities, that there may be convenient roads and streets preserved not to be encroached upon by any' planter or builder that none may build irregularly to the damage of another. Da this custom governs. Secondly. That the land in the Town be laid out together after the proportion of ten thou sand acres of the whole country, that is two hundred acres, if the place will bear it: How ever that the proportion be by lot and entire so as those that desire to be together, especially those that are by the catalogue laid together, may be so laid together both in the Town and Country. Thirdly. That when the Country lots are laid out, every purchaser from one thousand to Ten thousand acres or more, not to have above One thousand acres together, unless in three years they plant a family upon every thousand acres ; but that all such as* purchase together, lie together ; and if as many as comply with this Condition, that the whole be laid out together. Fourthly. That where any number of purchasers, more or less, whose number of acres amounts to Five or tSn thousand acres, desire to sit together in a lot or Township, they shall have their lot or Township cast together, in such places as have convenient Harbors or navi gable rivers attending it, if such can be found, and in case any one or more Purchasers plant 28 218 CERTAIN CONDITIONS AND CONCESSIONS. Markham, a relative, to take possession of the country, and prepare the way for emigrants. Three ships were freighted, and & considerable number, not according to agreement, in this concession to the prejudice of others of the same Township upon complaint thereof, made to the Governor or his deputy, with assistance they may award (if they see cause) that the complaining purchaser may, paying the survey money, and pur chase money, and Interest thereof, be entitled, inrolled and lawfully invested in the lands so not' seated. Fifthly. That the proportion of lands that shall be laid out in the first great Town or City, for every purchaser, shall be, after the proportion of Ten acres, for every Five hundred acres purchased, if the place will allow it. Sixthly. That notwithstanding there be no mention made in the several Deeds made to the purchasers, yet the said William Penn does accord and declare, that all Rivers, Rivulets, Woods and Underwoods, Waters, Watercourses, Quarries, Mines and Minerals, (except mines Royal,) shall be freely and fully enjoyed and wholly by the purchasers into whose lot they fill. Seventhly. That for every Fifty acres that shall be allotted to a servant, at the end of his service, his Quitrent shall be two shillings per annum, and the master or owner of the Ser vant, when he shall take up the other Fifty acres, his Quitrent shall be Four shillings by the year, or if the master of the servant, (by reason in the Indentures he is so obliged to do,) allot out to the Servant Fifty acres in his own Division, the said master shall have on demand allotted him from the Governor, the One hundred acres, at the chief rent of Six shillings per annum. Eighthly. And for the encouragement of such as are ingenious, and willing to search out Gold and silver mines in this province, it is hereby agreed that they have liberty to bore and dig in any man's property, fully paying the damage done, and in case a Discovery should be made, that the discoverer have One Fifth, the owner of the soil (if not the Disfcoverer) a Tenth part, the Governor Two fifths, and the rest, to the public Treasury, saving to the king the share reserved by patent. Ninthly. In every hundred thousand acres, the Governor and Proprietary by lot reserv- eth Ten to himself, which shall lie but in one place. Tenthly. That every man shall be bound to plant or man so much of his share of Land as shall be set out and surveyed within three years after it is so set out and surveyed, or else it shall be lawful for new comers to be settled thereupon, paying to them their survey money, and they go up higher for their shares. Eleventhly. There shall be no buying and selling, be it with an Indian, or one among another of any Goods to be exported but what shall be performed in public market, when such place shall be set apart or erected, where they shall pass the public Stamp or Mark. If bad ware and prized as good, or deceitful in proportion or weight, to forfeit the value as if good, and full weight and proportion to the public Treasury of the Province, whether it be the merchandise of the Indian or that of the Planters. Twelfthly. And forasmuch as it is usual with the planters to over-reach the poor natives of the Country in Trade, by Goods not being good of the kind, or debased with mixtures, with which they are sensibly aggrieved, it is agreed, Whatever is sold to the Indians, in considera tion of their furs, shall be sold in the market place, and there suffer the test, whether good or bad ; if good to pass ; if not good, not to be sold for good, that the natives may not be abused nor provoked. Thirteenthly. That no man shall by any ways or means, in word or' deed, affront or wrong any Indian, but he shall incur the same. penalty of the Law, as if he had committed it against his fellow-planters ; and if any Indian shall abuse, in Word or-Deed, any planter of this province, that he shall not be his own Judge upon the Indian, but he shall make his complaint to the Governor of the province, or his Lieutenant or Deputy, or some inferior mag- PENN OPPOSED TO MONOPOLIES. 219 mostly Quakers, accompanied Markham to America. An association J was formed at London and Bristol, — the "Free Society of Traders," — who purchased lands, with distinct views to agriculture, manufactories, and for carrying on the lumber trade and whale fisheries. Penn himself did not leave England till August 30, 1682. He sailed in the ship Welcome, accompanied by near a hundred persons ; and, after a long and trying passage, " rendered gloomy by frequent death," arrived at New castle on the 27th day of October, 1682. " The news spread rapidly," says Bancroft, " that the Quaker king was at Newcastle ; and, on the day after his landing, in presence of a crowd of istrate near him, who shall, to the utmost of his power, take care with the king of the said Indian, that all reasonable Satisfaction be made to the said injured planter. Fourteenthly. That all differences between the Planters and the natives, shall also be ended by Twelve men, that is, by Six planters and Six natives, that so we may live friendly together as much as in us lieth, preventing all occasions of Heart burnings and mischief. Fifteenthly. That the Indians shall have liberty to do all things relating to improvement of their Ground, and providing sustenance for the families, that any of the planters shall enjoy. Sixteenthly. That the laws as to Slanders, Drunkenness, Swearing, Cursing, Pride in apparel, Trespasses, Distresses, Replevins, Weights and measures, shall be the same as in England, till altered by law in this province. Seventeenthly. That all shall mark their hogs, sheep and other cattle, and what are not marked within three months after it is in their possession, be it young or old, it shall be for feited to the Governor, that so people may be compelled to avoid the occasions of much strife between Planters. Eighteenthly. That in clearing the ground, care be taken to leave One acre of trees for every five acres cleared, especially to preserve oak and mulberries, for silk and shipping. Nineteenthly. That all ship masters shall give an account of their Countries, Names, Ships, Owners, Freights and Passengers, to an officer to be appointed for that purpose, which shall be registered within Two days after their arrival ; and if they shall refuse so to do that then none presume to trade with them, upon forfeiture thereof; and that such masters be looked upon as having an evil intention to the province. Twentiethly. That no person leave the Province without publication being made thereof in the market place, Three weeks before, and a certificate from some Justice of the peace, of his clearness with his neighbors and those he has dealt withal, so far as such an assurance can be attained and given ; and if any master of a ship shall contrary hereunto receive, and carry away any person that hath not given that public notice, the said master shall be liable to all debts owing by the said person, so secretly transported from the province. Lastly, that these are to be added to or corrected by ahd with the consent of the parties hereunto sub scribed. Sealed and delivered in the presence of WILLIAM PENN, and others. 1 Penn was opposed to monopolies. In 1681 he was offered, by a company of traders, six thousand pounds and as annual revenue for a monopoly of the Ihdian traffic between the Delaware and the Susquehanna. His answer was prompt and noble. " I will not abuse the love of God," said he, " nor act unworthy of his providence, by defiling what came to me clean. No ! let the Lord guide me by his wisdom, to honor his name and serve his truth and people, that an example and a standard may be set up to the nations ; " and he adds to a friend, " There may be room there, though not here, for the Holy Experiment." — Bancroft, n., 365. 220 GROWTH OF COLONY — NEW PRINCIPLES OF ACTION. Swedes, and Dutch, and English, who had gathered round the. court-house his deeds of feoffment were produced. The Duke of York's agent surren dered the territory by the solemn delivery of earth and water, and Penn, invested with supreme and undefined power in Delaware, addressed the assembled multitude on government, recommended sobriety and peace, and pledged himself to grant liberty of conscience and civil freedom." 1 But, as the colony increased in numbers, new principles of action were developed. "After the predominance in England of the Protestant succes sion, by the Revolution of 1688, the Quakers were no longer ^compelled to go to America to avoid persecution ; while a new set of men, bent more upon making their fortunes than upon the defence or promotion of high religious principle, were induced to emigrate. These were either of the Church of England or Presbyterians from Scotland and Ireland, and were not averse to bearing arms. The adventurous traders of New England, too, trained in the school of Puritan republicanism, were also coming to seek their gains in the genial climate of the south. Among these was the boy Benjamin Frank lin, the new master-spirit of Pennsylvania, who arrived in October, 1723. The Mennonists, or German Baptists, — a sect which adhered to the princi ple of non-resistance, — persecuted in Europe, and driven from one country to another, sought the toleration of Penn's colony, and emigrated between the years 1698 and 1717, — many, in the latter year, settling in Lancaster, Berks, and the upper part of Chester county. The Dunkards, also a non- resistant sect, began to emigrate about the year 1718, and subsequently established a sort of monastery and convent at Ephrata, in Lancaster county. The Lutheran Germans, who, on the other hand, were not averse to fighting when oocasion required it, began now to emigrate in great numbers, settling principally in Berks and Lancaster counties. Amid this great diversity of races, languages, sectarian and political prejudices, were early planted the seeds of strife that agitated the province for more than fifty years, and terminated only in the American Revolution." 2 In respect to the subject of government, Penn considered man as the dep uty of his Maker, not only qualified by skill and capacity for so great a charge and trust, but religiously bound to be honest, and to do justice. With him, government was made a part of his religion, and he recognized in its institution and end divine control. He studied the subject with an evident desire to frame a system that should meet the numerous contingencies incident to the nature of man. Goodness was pronounced the safest basis, and the practice of virtue the safest policy. He attempted to solve the great problem as to the best form of government, by admitting the most important element which is peculiar to one and common to all, and stated a condition which was self-evident, but which failed to explain itself in its l n., 380. 2 Day's Hist. Coll., p. 380. DEMOCRACY OF THE QUAKERS. 221 forced connection.1 He clearly saw in Democracy the true principles of gov ernment, but he sought to reduce those principles to practice by monarchical means.2 Instead of viewing the form of government as a result of the con dition of the people, he preferred to show that the success of government depended upon the goodness of man, without reference to form. In some degree this was true. But, in premising that it was necessary that the peo ple should be a party to the laws, he omitted to estimate their necessary share of power in such a position. People are not to be satisfied with a nom inal position, which admits of their agency in theory, but denies it in prac tice. In adopting the property power of control, he decided merely a ques tion of interest, but not of principle, in relation to rights. He doubtless was governed by liberal, and it may have been by magnanimous motives ; but such motives require to be limited by considerations of a prudential nature, to say nothing of their inapplicability to questions of a public pol icy.3 Individual interest may sometimes run parallel to public interest ; but to rely upon a permanent parallelism between two interests so dissimilar in their' nature, would seem to imply either a want of judgment or the want of knowledge. To say that Penn was either ignorant, or deficient in powers of discernment, viewed in relation to the age in which he lived, would be an act of great injustice to his memory.* He was a close student of history, i See 3d division of his Preface, p. 224, quoted in this chapter. 2 The Quaker proprietaries in England declared for Democracy, but not with revolutionary motives against monarchy. Their language to the few who had emigrated (in 1676) is thus quoted »by Bancroft : " The concessions are such as Friends approve of. We lay a founda tion for after ages to understand their liberties as Christians and as men, that they may not be brought into bondage, but by their own consent ; for we put the powek in the people." The charter and fundamental laws of West New Jersey were perfected and published March 3, 1677. " They are written with almost as much method as our present constitutions, and recognize the principle of democratic equality as unconditionally and universally as the Qua ker society itself. — Vol. n., 357. Pennsylvania, and Delaware, and West New Jersey, and Rhode Island, and in some measure North Carolina, were Quaker states. — lb. ii., 402. " But for the hereditary office of proprietary, Pennsylvania had been a representative democracy." — ii., 389. It might be added, perhaps with equal truth, that with a hereditary proprietary a representative democracy would be impossible. 3 " That Penn was superior to avarice, was clear from his lavish expenditures to relieve the imprisoned ; that he had risen above ambition, appeared from his preference of the despised Quakers to the career of high advancement in the court of Charles II. But he loved to do good ; and could passionate philanthropy resign absolute power, apparently so favorable to the exercise of vast benevolence? ' I purpose,' said he, 'for the matters of liberty, I purpose that which is extraordinary, to leave myself and successors no power of doeing mischief, — that the Will of one man may not hinder the good of a whole country.' " — lb., vol. n., p. 366. La his great devotion to the inner light, he expressed more confidence in principles than fears of failure in practice. His spiritual freedom was endangered by his proprietary inter ests. The greater good was left subordinate to the inferior agent. * When Penn published his book, entitled " Some Fruits of Solitude, in Reflections and Maxims relating to the Conduct of Human Life," he had seen much of the world. He had 222 WILLIAM penn's views of government. and a skilful logician. He manifested even a solicitude to avail himself of all the aids which God had given him, in his own powers and consciousness, and to learn from the experiments of men and nations the conditions of suc cessful endeavor. But he started with an error, and this error produced its natural fruit. Tares had been sown with the wheat, and why should the reaper look forward to an unmixed crop 1 The liberality of his administra tion could not alter the nature of the principles of his frame of goverment, as to property ; his concessions to freedom could not change the source of power as to sovereignty ; and he lived to realize the difference always to be found existing between resolution and practice in the individual, and between democ racy- and feudalism in society.1 He had failed to understand the mission of feudalism, and to discover that society was in advance of those necessities which gave it birth. Sovereignty was claimed by the people ; and, so far from gaining their consent to have it otherwise lodged by liberal measures, it will appear obvious, in the very nature of things, that liberal measures which concede equal rights, and provide for the impartial execution of justice, pre pare the public mind more and more for the realization of those blessings which can spring only from institutions of Democracy. It is not enough for man, however good, ' to make promises to the people ; for, if the people have been led to believe that they are to be trusted, they are not likely to be ignorant of the fact that even the right of making promises alone belongs to them, and not to him. But, when Penn has explained his own views on government, it may seem like presumption not to introduce them without preliminary remarks.- The following is the language of the " Preface to the Frame of Government " which he prepared for the " Province of Pennsylvania : " ' ' When the great and wise God had made the world, of all his creatures it pleased him to choose man his deputy to rule it; and, to fit him for so great a charge and trust, he did not only qualify him with skill and power, but with integrity to use them justly. This native goodness was equally his honor and his happiness ; and, whilst he stood here, all went well. There travelled in his own country and in Ireland. He had visited France, Holland, and Germany. He had lived in America, then reputed a new quarter of the globe. He had surveyed, therefore, men under different tongues,' colors, climates, manners, religions, and govern ments. He had tasted both the sweet and bitter fruits of prosperity and adversity. — See Clarkson, n., 38. 1 " The relations of Penn to his colony," says Bancroft, "were two-fold ; he was their sovereign, and he was the owner of the unappropriated domain." — in., 42. And further, " Divesting himself and his successors of all power to injure, he had founded a Democracy. By the necessity of the case, he remained its feudal sovereign ; for it was only as such that he could have granted or could maintain the charter of colonial liberties. His resignation would have been a surrender of the colony to the crown. But time and the people would remove the inconsistency." — Vol. in., 43, 44. But " the necessity of the case " does not alter the principle, and to speak of " inconsistency " is to admit the discovery of error. WILLIAM PENN'S VIEWS OF GOVERNMENT. 223 was no need of coercive or compulsive means. The precept of divine love and truth in his bosom was the guide and keeper of his innocency. But lust prevailing against duty, made a lamentable breach upon it ; and the law that before had no power over him, took place upon him and his disobe dient posterity, that such as would not live conformable to the holy law within should fall under the reproof and correction of the just law without, in a judicial administration. " This the apostle teaches in divers of his epistles. The law (says he) was added because of transgression. In another place, knowing that the law was not made for the righteous man, but for the disobedient and ungodly, for sinners, for unholy and profane, for murderers, for whore mongers, for them that defile themselves with mankind, and for men-stealers, for liars, for perjured persons, &c. But this is not all ; he opens and car ries the matter of government a little further : Let every soul be subject to the higher powers, for there is no power but of God. The powers that be are ordained of God. Whosoever, therefore, resisteth the power, resisteth the ordinance of God ; for rulers are not a terror to good works, but to evil. Wilt thou, then, not be afraid of the power 1 Do that which is good, and thou shalt have praise of the same. He is the minister of God to thee for good. Wherefore ye must needs be subject, not only for wrath, but for conscience' sake. " This settles the divine right of government beyond exception, and that for two ends. First, to terrify evil doers ; secondly, to cherish those that do well, — which gives government a life beyond corruption, and makes it as durable in the world as good men shall be. So that government seems to me a part of religion itself, — a thing sacred in its institution and end. For, if it does not directly remove the cause, it crushes the effects of evil, and is as- such (though a lower yet) an emanation of the same divine power that is both author and object of pure religion, — the difference lying here, that the one is more free and mental, the other more corporal and compulsive, in its operations. But that is only to evil-doers ; government itself being oth erwise as capable of kindness, goodness and charity, as a more private soci ety. They weakly err that think there is no other use of government than correction, which is the coarsest part of it. Daily experience tells- us that the care and regulation of many other affairs more soft and daily necessary make up much the greatest part of government ; and which must have fol lowed the peopling of the world, had Adam never fell, and will continue among men on earth under the highest attainments they may arrive at, by the coming of the blessed second Adam, the Lord from heaven. Thus much of government in general, as to its rise and end. " For particular frames and models, it will become me to say little; and, comparatively, I will say nothing. My reasons are : first, that the age is 224 WILLIAM PENN'S VIEWS OF GOVERNMENT. too nice and difficult for it, there being nothing the wits of men are more busy and divided upon. 'Tis true, they seem to agree in the end, to wit, happiness ; but in the means they differ, as to divine, so to this human felic ity. And the cause is much the same ; not always want' of light and knowl edge, but want of using them rightly. Men side with their passions against their reason, and their sinister interests have so strong a bias upon tlieir minds, that they lean to them against the good of the things they know. " Secondly, I do not find a model in the world that time, place and some singular emergencies, have not necessarily altered ; nor is it easy to frame a civil government that shall serve all places alike. " Thirdly, I know what is said by the several admirers of monarchy, aris tocracy and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on that subject. But I choose to solve the controversy with this small distinction, and it belongs to all three. Any government is free to the people under it (what ever be the frame) where the laws rule, and the people are a party to those laws ; and more than this is tyranny, oligarchy, and confusion. "But, lastly, when all is said, there is hardly one frame of government in the world so ill-designed by its founders, that, in good hands, would not do well enough ; and story tells us, the best in ill ones can do nothing that is great or good. Witness the Jewish and Roman states. Governments, like clocks, go from the motion men give them ; and, as governments are made and moved by men, so by them they are ruined too. Wherefore gov ernments rather depend upon men, than men upon governments. Let men be good, and the government cannot be bad ; if it be ill, they will cure it. But if men be bad, let the government be never so good, they will endeavor to warp and spoil it to their turn. " I know some say, let us have good laws, and no matter for the men that execute them. But, let them consider that, though good laws do well, good men do better ; for good laws may want good men, and be abolished or invaded by ill men ; ¦ — but good men will never want good laws, nor suffer ill ones. 'T is true, good laws have some awe upon ill ministers ; but that is where they have not power to escape or abolish them, and the people are generally wise and good. But a loose and depraved people (which is to the question) love laws and an administration like themselves. That, therefore, which makes a good constitution must keep it, namely, men of wisdom and virtue, — qualities that, because they descend not with worldly inheritances, must be carefully propagated by a virtuous education of youth, for which after ages will owe more to the care and prudence of founders and the suc cessive magistracy, than to their parents, for their private patrimonies. "These considerations of the weight of government, and the nice and various opinions about it, made it uneasy to me to think of publishing the FRAME OF GOVERNMENT. 225 ensuing frame and conditional laws,1 foreseeing both the censures they will meet with from men of differing humors and engagements, and the occasion they may give of discourse beyond my design. i The Frame. TO ALL PEOPLE to whom these presents shall come. WHEREAS King Charles the Second, by his letters patents, under the great seal of England, for the consideration therein mentioned, hath been graciously pleased to give and grant unto me, William Penn (by the name of William Penn, Esq., son and heir of Sir William Penn, deceased), and to my heirs and assigus forever, all that tract of land or province, called Pennsylvania, in America, with divers great powers, preheminences, royalties, jurisdictions, and authorities, necessary for the well-being and government thereof : NOW KNOW YE that for the well-being and gov ernment of the said province, and for the encouragement of all the freemen and planters that may be therein concerned, in pursuance of the powers aforementioned, I the said Will iam Penn have declared, granted, and confirmed, and by these presents, for me, my heirs and assigns, do declare, grant and confirm unto all the freemen, planters and adventurers, of, -in and to the said province, these liberties, franchises, and properties, to be held, enjoyed and kept by the freemen, planters and inhabitants of the said province of Pennsylvania, forever. Imprimis'. That the government of this province shall, according to the powers of the patent, consist of the' Governor and freemen of the said province, in form of a Provincial Council and General Assembly, by whom all laws shall be made, officers chosen, and public affairs transacted, as is hereafter respectively declared. That is to say, Second. That the freemen of the said province shall, on the twentieth day of the twelfth month which shall be in this present year, one thousand six hundred eighty and two, meet and assemble in some fit place, of which timely notice shall be beforehand given, by the gov ernor or his deputy, and then and there shall choose out of themselves seventy-two persons of most note for their wisdom, virtue and ability, who shall meet on the tenth of the first month' next ensuing, and always be called and act as the Provincial Council of the said province. ¦ Third. That at the first choice of such Provincial Council, one-third part of the said Provincial Council shall be chosen to serve for three years next ensuing ; one-third part for two years then next ensuing, and one-third part for one year then next following suoh elec tion, and no longer; and that the said third part shall go out accordingly. And on the twentieth day of the twelfth month as aforesaid, yearly forever afterward, the freemen of the said province shall in like manner meet and assemble together, and then choose twenty- four persons, being one-third of the said number, to serve in Provincial Council for three years. It being intended, that one-third part of the whole Provincial Council (always consist ing and to consist of seventy-two persons, as aforesaid) falling off yearly, it shall be yearly supplied by such new yearly elections, as aforesaid ; and that no one person shall continue therein longer than three years : and in case any member shall decease before the last elec tion during his time, that then, at the next election ensuing his decease, another shall be chosen to supply his place for the remaining time he was to have served, and no longer. Fourth. That after .the first seven years, every one of the said third parts that goeth yearly off shall be uncapable of being chosen again for one whole year following ; that so all may be fitted for government, and have experience and care and burden of it. Fifth. That the Provincial Council, in all cases of matters of moment, as their arguing upon bills to be passed into laws, erecting courts of justice, giving judgment upon criminals impeached, and choice of officers, in such manner as is herein after mentioned, not less than two-thirds of the whole Provincial Council shall make a quorum ; and that the consent and approbation of two-thirds of such quorum shall be had in all such cases and matters of moment. And, moreover, that in all cases and matters of lesser moment twenty-four members of the said Provincial Council shall make a quorum, the majority of which twenty-four shall and may always determine in such cases and causes of lesser moment. 29 226 FRAME OF GOVERNMENT. " But next to the power of necessity (which is a solicitor that -will take no denial) this induced me to a compliance, that we have (with reverence to God, and good conscience to men) to the best of our skill contrived and Sixth. That in this Provincial Council the governor or his deputy shall or may always preside, and have a treble voice ; and the said Provincial Council shall always continue, and sit upon its own adjournments and committees. Seventh. That the Governor and Provincial Council shall prepare and propose to the General Assembly hereafter mentioned all bills which they shall at any time think fit' to be passed into laws within the said province, ; which bills shall be published and affixed to the most noted places in the inhabited parts thereof thirty days before the meeting of the Gen eral Assembly, in order to the passing them into laws, or rejecting of them, as the General Assembly shall see meet. Eighth. That the Governor and Provincial Council shall take care that all laws, statutes and ordinances; which shall at any time be made within the said province, be duly and dili gently executed. Ninth. That the Governor and Provincial Council shall at all times have the care of the peace and safety of the province, and that nothing be by any person attempted to the subver sion of -this frame of government. ' Tenth. That the Governor and Provincial Council shall at all times settle and order the situation of all cities, ports and market-towns, in every county, modelling therein all public buildings, streets and market-places, and shall appoint all necessary roads and highways in the province. Eleventh. That the Governor and Provincial Council shall at all times have power to inspect the management of the public treasury, and punish those who shall convert any part thereof to any other use than what hath been agreed upon by the Governor, Provincial Council and General Assembly. Twelfth. That the Governor and Provincial Council shall erect and order all public schools, and encourage and reward the authors of useful sciences and laudable inventions, in the said province. Thirteenth. That, for the better management of the powers and trust aforesaid, the Pro vincial Council shall from time to time divide itself into four distinct and proper committees, for the more easy administration of the affairs of the province, which divides the seventy-two into four eighteens, every one of which eighteens shall consist of six out of each of the three orders or yearly elections, each of which shall have a distinct portion of business, as follow eth : first, a committee of plantations, to situate and settle cities, ports, market-towns and highways, and to hear and decide all suits and controversies relating to plantations. Sec ondly, a committee of justice and safety, to secure the peace of the province, and punish the maladministration of those who subvert justice to the prejudice of the public or private interest. Thirdly, a committee of trade and treasury, who shall regulate all trade and com merce according to law, encourage manufacture and country growth, and defray the public charge of the province. And fourthly, a committee of manners, education, and arts, that all wicked and scandalous living may be prevented, and that youth may be successively trained up in virtue and useful knowledge and arts : the quorum of each of which commit tees being six, that is, two out of each of the three orders or yearly elections as aforesaid, making a constant and standing council of twenty-four, which will have the power of the Provincial Council, being the quorum of it, in all cases not excepted in the fifth article ; and in the said committees and standing Council of the province, the governor or his deputy shall or may preside as aforesaid ; and in the absence of the governor or his deputy, if no one is by either of them appointed, the -said committees or Council shall appoint a president for that time, and not otherwise ; and what shall be resolved at such committees shall be reported to the said Council of the province, and shall be by them resolved and confirmed FRAME OF GOVERNMENT. 227 composed the FRAME and LAWS of this government, to the great end of all government, namely, to support power in reverence with the people, and to secure the people from the abuse of power, that they may be free by before tlie same shall be put in exeontion ; and that these respective committees shall not sit at one and the same time, except in cases of necessity. Fourteenth. And to tbe end that all laws prepared by the Governor and Provincial Coun cil aforesaid may yet have the more full concurrence of the freemen of the province, it is declared, granted, and confirmed, that at the time and plaoe or places for the choice of a Provincial Council as aforesaid, the said freemen shall yearly choose members to serve in General Assembly as their representatives, not exceeding two hundred persons, who shall yearly meet on the twentieth day of the second month, which shall be in the year one thou sand six hundred eighty and three following, in the capital, town, or city of the said province, where during eight days the several members may freely confer with one another ; and, if any of them see meet, with a, committee of the Provincial Council (consisting of three out of each of the four committees aforesaid, being twelve in all) which shall be at that time purposely appointed to receive from any of them proposals for the alteration or amendment of any of the said proposed and promulgated bills : and on the ninth day from their so meeting, the said General Assembly, after reading over the proposed bills by the clerk of the Provincial Council, and the occasion and motives for them being opened by the governor or his deputy, shall give their affirmative or negative, which to them seemeth best, in such manner as hereinafter is expressed. But not less than two-thirds shall make a quo rum in the passing of laws and choice of such' officers as are by them to be chosen. Fifteenth. That the laws so prepared and proposed as aforesaid, that are assented to by the General Assembly, shall be enrolled as laws of the province, with this style : By the Governor, with the assent and approbation of the freemen in Provincial Council and General Assembly. Sixteenth. That for the better establishment of the government and laws of this prov ince, and to the end there may be an universal satisfaction in the laying of the fundamentals thereof, the General Assembly shall or may for the first year consist of all the freemen of and in the said province, and ever after it shall be yearly chosen, as aforesaid; which num ber of two hundred shall be enlarged as the country shall increase in people, so as it do not exceed five hundred at any time : the appointment and proportioning of which, as also the laying and methodizing of the choice of the Provincial Council and General Assembly in future times, most equally to the divisions of the hundreds and counties, which the country shall hereafter be divided into, shall be in the power of the Provincial Council to propose, and the General Assembly to resolve. Seventeenth. That the Governor and the Provincial Council shall erect, from time to time, standing courts of justice in such places and number as they shall judge convenient for the good government of the said province. And that the Provincial Council shall, on the thir teenth day of the first month yearly, elect and present to the governor or his deputy a double number of persons to serve for judges, treasurers, masters of rolls, within the said province for the year next ensuing ; and the freemen of the said province in the county courts, when they shall be erefcted, and till then in the General Assembly, shall, on the three and twentieth day of the second month, yearly, elect and present to the governor or his deputy a double number of persons to serve for sheriffs, justices of the peace, and coroners, for the year next ensuing; out of. which respective elections and presentments the governor or his deputy shall nominate and commissionate the proper number for each office the third day after the said presentments; or else thefirst named in such presentment for each office shall stand and serve for that office the year ensuing. Eighteenth. But forasmuch as the present condition of the province requires some imme diate settlement, and admits not of so quick a revolution of officers ; and to the end the said 228 FRAME OF GOVERNMENT. *¦ their just obedience, and the magistrates honorable for their just administra tion: for liberty without obedience is confusion, and obedience without lib erty is slavery. To carry this evenness is partly owing to the constitution", province may with all convenient speed be well ordered and settled, I William Penn do there fore think fit to nominate and appoint such persons for judges, treasurers, masters of the rolls, sheriffs, justices of the peace, and coroners, as are most fitly qualified for those employ ments ; to whom I shall make and grant commissions for the said offices respectively, to hold to them to whom the same shall be granted for so long a time as every such person shall behave himself in the office or place to him respectively granted, and no longer. , And upon the decease or displacing of any of the said officers, the succeeding officer or officers shall be chosfen as aforesaid. Nineteenth. That the General Assembly shall continue so long as may be needful to impeach criminals fit to be there impeached ; to pass bills into laws, that they shall think fit to pass into laws, and till such time as the Governor and Provincial Council shall declare that they have nothing further to propose unto them for their assent and approbation ; and that declaration shall be a dismiss to the General Assembly for that time, which General Assembly shall be notwithstanding capable of assembling together, upon the summons of the Provincial Council, at any time during that year, if the said Provincial Council shall see occasion for their so assembling. Twentieth. That all the elections of members or representatives of the people, to serve in Provincial Council and General Assembly, and all questions to be determinated by both or either of them, that relate to passing of bills into laws, to the choice of officers, to impeach ments made by the General Assembly, and judgment of criminals upon such impeachments by the Provincial Council, and to all other cases by them respectively judged of importance, shall be resolved and determined by the ballot ; and, unless on sudden and indispensable occasions, no business in Provincial Council, or its respective committees, shall be finally determined the same day that it is moved. Twenty-first. That at all times, when and so often as it shall happen, that the Governor shall or may be an infant, under the age of one and twenty years, and no guardians or com missioners rfre appointed in writing by the father of the said infant, or that such guardians or commissioners shall be deceased; that during such minority, the Provincial Council shall, from time to time, as they shall see meet, constitute and appoint guardians or commissioners, not exceeding three; one of which three shall preside as deputy and chief guardian, during such minority, and shall have and execute, with the consent of the other two, all the power of a governor, in all the public affairs and concerns of the said province. Twenty-second. That as often as any. day of the month, mentioned in any article of this charter, shall fill upon the first day of the week, commonly called the Lord's day, the busi ness appointed for that day shall be deferred till next day, unless in case of emergency. Twenty-third. That no act, law, or ordinance whatsoever, shall at any time hereafter be made or done, by the governor of this province, his heirs or assigns, or by the freemen in the Provincial Council or the General Assembly, to alter, change, or diminish the form or effect of this charter,, or any part or clause thereof, without the consent of the governor, his heirs or assigns, and six parts of seven of the said freemen in Provincial Council- and General Assembly. And Lastly. That I the 3aid William Penn, for myself, mylieirs and assigns, have sol emnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither I, my heirs nor assigns, shall procure or do any thing or things whereby the liberties in this charter contained and expressed shall be infringed or broken ; and if any thing be procured by any person or persons contrary to these premises, it shall be held of no force or effect. In witness whereof, I the said William Penn have unto this present charter LAWS AGREED UPON IN ENGLAND. 229 4 and partly to the magistracy : where either of these fail, government will be subject to convulsions ; but where both are wanting, it must be totally of liberties set my hand and broad seal, this five and twentieth day of the second month, vulgarly called April, in the year of our Lord one thousand six hundred and eighty-two. William Penn. laws agreed upon in england. First. That the charter of liberties, deolared, granted and confirmed, the five and twen tieth day of the second month, called April, 1682, before divers witnesses, by William Penn, Governor and Chief Proprietary of Pennsylvania, to all the freemen and planters of the said province, is. hereby declared and approved, and shall be forever held for fundamental, in the government thereof, according to the limitations mentioned in the said charter. Second. That every inhabitant in the said province, that is or shall be a purchaser of one hundred acres of land or upwards, his heirs and assigns, and every person who shall have paid his passage, and taken up one hundred acres of land, at one penny an acre, and have cultivated ten acres thereof, and every person that hath been a servant or bondsman, and is free by his service, that shall have taken up his fifty acres of land, and cultivated twenty thereof, and every inhabitant, artificer, or other resident in the said province, that pays scot and lot to the government, shall be deemed and accounted a freeman of the said province ; and every such person shall and^may be capable of electing or being elected representatives of the people in Provincial Council or General Assembly in the said province. Third. That all elections of members or representatives of the people and freemen of the province of Pennsylvania, to serve in Provincial Council or General Assembly, to be held within the said province, shall be free and voluntary : and that the elector that shall receive any reward or gift, in meat, drink, moneys or otherwise, shall forfeit his right to elect ; and such person as shall, directly or indirectly, give, promise, or bestow any such reward as aforesaid, to be elected, shall forfeit his election, and be thereby incapable to serve as afore-' said. And the Provincial Council and General Assembly shall be the sole judges of the regularity or irregularity of the elections of their own respective members. Fourth. That no money or goods shall be raised upon or paid by any of the people of this province, by way of a public tax, custom or contribution, but by a law for that purpose made ; and whosoever shall levy, collect or pay any money or goods contrary thereunto, Bhall be held a public enemy to the province, and a betrayer of the liberties of the people thereof. Fifth. That all courts shall be open, and justice shall neither be sold, denied or delayed. Sixth. That in all courts all persons of all persuasions may freely appear in their own way, and according to their own manner, and there personally plead their own cause them selves, or, if unable, by their friends. And the first process shall be the exhibition of the complaint in court, fourteen days before the trial ; and, that the party complained against may be fitted for the same, he or she shall be summoned no less than ten days before, and a copy of the complaint delivered him or her, at his or her dwelling-house. But before the complaint of any person be received, he shall solemnly declare in court that he believes in his conscience his cause is just. Seventh. That all pleadings, processes and records in courts, shall be short, and in Eng lish, and in an ordinary and plain character, that they may be understood, and justice speedily administered. Eighth. That all trials shall be by twelve men, and, as near as may be, peers or equals, and of the neighborhood, and men without just exception. In cases of life, there shall be first twenty-four returned by the sheriff for a grand inquest, of whom twelve at least shall find the complaint to be" true ; and then the twelve men, or peers, to be likewise returned by the sheriff, shall have the final judgment. But reasonable challenges shall be always admit ted against the said twelve men, or any of them. Ninth. That all fees in all cases shall be moderate, and settled by the Provincial Council 230 LAWS AGREED UPON IN ENGLAND. 0. subverted : then where both meet, the government is like to endure. Which I humbly pray and hope God will please to make the lot of this of Pennsyl vania. Amen." and General Assembly, and be hung up in a table in every respective court ; and whoso ever shall be convicted of taking more shall pay two-fold, and be dismissed his employment, one moiety of which shall go to the party wronged. Tenth. That all prisons shall be workhouses for felons, vagrants, and loose and idle per sons ; whereof one shall be in every county. Eleventh. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident, or the presumption great. Twelfth. That all persons wrongfully imprisoned or prosecuted at law shall have double damages against the informer or prosecutor. Thirteenth. That all prisons shall be free, as to fees, food, and lodging. Fourteenth. That all lands and goods shall be liable to pay debts, except where there is legal issue, and then all the goods and one-third of the land only. Fifteenth. That all wills and writing, attested by two witnesses, shall be of the same force as to lands as other conveyances, being legally proved within forty days, either within or without the said province. Sixteenth. That seven years' quiet possession shall give an unquestionable right, except in cases of infants, lunatics, married women, or persons beyond the seas. Seventeenth. That all briberies and extortions whatsoever shall be severely punished. Eighteenth. That all fines shall be moderate, and saving men's contenements, merchan dise or wainage. Nineteenth. That all marriages (not forbidden by the law of God, as to nearness of blood and affinity by marriage) shall be encouraged ; but the parents or guardians shall be first consulted, and the marriage shall be published before it be solemnized ; and it shall be solemnized by taking one another as husband and wife, before credible witnesses, and a cer tificate of the whole, under the hands of parties and witnesses, shall be brought to the proper register of that county, and shall be registered in his office. Twentieth. And, to prevent frauds and vexatious suits within the said province, that all charters, gifts, grants, and conveyances bf land (except leases for a year or under), and all bills, bonds and specialities, have five pounds, and not under three months, made in the said province, shall be enrolled or registered in the public enrolment office of the said province within the space of two months next after the making thereof, else to be void in law. And all deeds, grants, and conveyances of land (except as aforesaid) , within the said province, and made out of the said province, shall be enrolled or registered as aforesaid, within six months next after the making thereof, and settling and constituting an enrolment office or registry within the said province, else to be void in law against all persons whatsoever. Twenty-first. That all defacers or corrupters of charters, gifts, grants, bonds, bills, wills, contracts and conveyances, or that shall deface or falsify any enrolment, registry or record, within this province, shall make double satisfaction for the same ; half whereof shall go to the party wronged, and they shall be dismissed'of all places of trust, and be publicly disgraced as false men. Twenty-second. That there shall be a register for births, marriages, burials, wills, and letters of administration, distinct from the other registry. Twenty-third. That there shall be a register for all servants, where their names, time, wages, and days of payment, shall be registered. Twenty-fourth. That all lands and goods of felons shall be liable to make satisfaction to the party wronged twice the value : and, for want of lands or goods, the felons shall be bond men to work in the common prison or work-house, or otherwise, till the party injured be satisfied. Twenty-fifth. That the estates of capital offenders, as traitors and murderers, shall go CHARACTER OF WILLIAM PENN. 231 To understand clearly the opinions of Penn in regard to government, it is requisite that we should have distinct views of his character. What were one-third to the next of kin to the sufferer, and the remainder to the next of kin to the criminal. Twenty-sixth. That all witnesses, coming or called to testify their knowledge in or to any matter or thing in any oourt, or before any lawful authority within the said province, shall there give or deliver in their evidence or testimony, by solemnly promising to speak the truth, the whole truth, and nothing but the truth, to the matter or thing in question. And in case any person so called to evidence shall be convioted of wilful falsehood, such person shall suffer and undergo such damage or penalty as the person or persons against whom he or she bore false witness did or should undergo ; and shall also make satisfaction to the party wronged, and be publicly exposed as a, false witness, never to be credited in any court, or before any magistrate, in the said province. Twenty-seventh. And to the end that all officers chosen to serve within this province. may with more care and diligence answer the trust reposed in them, it is agreed that no such person shall enjoy more than one public office at one time. Twenty-eighth. That all children within this province, of the age of twelve years, shall be taught some useful trade or skill, to the end none may be idle, but the poor may work to Uve, and the rich, if they becomepoor, may not want. Twenty-ninth. That servants be not kept longer than their time, and such as are care ful be both justly and kindly used in their service, and put in fitting equipage at the expira tion thereof, according to custom. Thirtieth. That all scandalous and malicious reporters, backbiters, defamers and spread ers of false news; whether against magistrates or private persons, shall be accordingly severely punished, as enemies to the peace and concord of this province. Thirty-first. That, for the encouragement of the planters and traders in this province, who are incorporated into a society, the patent granted to them by William Penn, governor of the said province, is hereby ratified and confirmed. Thirty-second. ******** * Thirty-third. That all factors or correspondents in the said province wronging their employers shall make satisfaction, and one-third over, to their said- employers : and in case of the death of any such factor or correspondent, the committee of trade shall take care to secure so much of the deceased party's estate as belongs to his said respective employers. Thirty-fourth. That all treasurers, judges, masters of the rolls, sheriffs, justices of the peace, and other officers and persons whatsoever, relating to courts or trials of causes, or any other service in the government ; and all members elected to serve in Provincial Council and General Assembly, and all that have right to elect such members, shall be such as profess faith in Jesus Christ, and that are not convicted of ill fame, or unsober and dishonest con versation, and that are of one and twenty years'of age at least ; and that all such, so quali fied, shall be capable of the said several employments and privileges as aforesaid. Thirty-fifth. That all persons living in this province, who confess and acknowledge the one almighty and eternal God, to'be the creator, upholder and ruler of the world, and that hold themselves obliged in conscience to live peaceably and justly in civil society, shall in no ways be molested or prejudiced for their religious persuasion or practice in matters of faith and worship, nor shall they be compelled at any time to frequent or maintain any religious worship, place or ministry, whatever. Thirty-sixth. That according to the good example of the primitive Christians, and for the ease of the creation, every first day of the week, called the Lord's day, people shall abstain from their common daily labor, that they may the better dispose themselves to worship God according to their understandings. 232 CHARACTER OF WILLIAM PENN. his motives, and in what way did he endeavor to accomplish his-ends ? The Opinions of an individual are usually self-explanatory, and their meaning is generally to be found in the terms employed by their author to express them. They may have been uttered with holy or ignoble motives, with benevolent or evil purposes, with a lofty or a grovelling spirit, and yet be read and understood alike by all. A good man may commit errors, — a bad man may speak the truth. A wise man may have his follies, — a foolish one his wit. In these cases opinion is either at war with character, or character, as a subject, has no connection with the matter upon which an opinion has been expressed. Truth is independent of intentions. Character is inde pendent of science. Science is independent of opinions. These general propositions, like all others, have their exceptions. An exception is to be found in Penn. His theories of government, his system of conduct, and his views of public policy, were all characterized by his individual peculiarities. These peculiarities were innate. In order to understand his plans, these must be studied ; in order to do justice to his character, his motives should be understood and appreciated.3 i Thirty-seventh. That as careless and corrupt administration of justice draws the wrath of God upon magistrates, so the wildness and looseness of the people provoke the indignation of God against a country : therefore, that all such offences against God as swearing, curs ing, lying, profane talking, drunkenness, drinking of healths, obscene words, incest, sod omy, rapes, whoredom, fornication, and other uncleanness (not to be repeated) ; all trea sons, misprisions, murders, duels, felonies, seditions, maims, forcible entries, and other violences, to the persons and estates of the inhabitants within this province : all prizes, stage plays, cards, dice, May-games, masques, revels, bull-baitings, cock-fightings, bear-baitings and the like, which excite the people to rudeness, cruelty, looseness and irreligion, shall be respectively discouraged, and severely punished, according to the appointment of the gov ernor and freemen in Provincial Council and General Assembly, as also all proceedings contrary to these laws, that are not here made expressly penal. Thirty-eighth. That a copy of these laws shall be hung up in the Provincial Council, and in public courts of justice ; and that they shall be read yearly, at the opening of every Provincial Council and General Assembly, and courts of justice, and their assent shall be testified by their standing up, after the reading thereof. Thirty-ninth. That there shall be at no time any alteration of any of these laws, with out the consent of the governor, his heirs or assigns, and six parts of seven of the freemen, met in Provincial Council and General Assembly. Fortieth. ' That all other matters and things not herein provided for, which shall and may concern the public justice, peace or safety of the said province ; and the raising and imposing taxes, customs, duties, or other charges whatsoever, shall be and are hereby referred to the order, prudence and determination of the governor and freemen in Provincial Counoil and General Assembly, to be held from time to time in the said province. Signed and sealed by the governor and freemen aforesaid, the fifth day of the third month, called May, one thousand six hundred and eighty-two. 1 Penn had no occasion to follow the custom of the Oriental monarchs, who, for a long time, were in the habit of hiding themselves in gardens and palaces, to avoid the conversa tion of mankind, that they might be known to their subjects only by their edicts. The real ity of a beautiful character commends an opinion, if it does not sustain it. This was doubt- CHARACTER OF WILLIAM PENN. 233 The complexity of his public position rendered him alike the subject of suspicion, complaint, and jealousy. He was a Quaker ; but, as a Christian, he placed himself in friendly relations to all 1 who opposed his sect, or viewed his brethren with compassion or contempt. He had the confidence of Roy alty,2 Papacy, and Protestantism. At peace with all from principle, he endeavored to serve all alike, who were governed by considerations of policy. He wished to be loyal to the king, without doing injustice to the subject. He desired to serve the humblest, without opposing the highest. He looked on every form of government as entitled to respect for what it professed to be ; and, while he was ever ready to advise with all who approached him, he nei ther claimed the right to denounce what he could not approve, nor the privi lege to participate in measures which met with his approbation. He was neutral in all things, except in his relations to Deity.3 In respect to these he compromised with none. That one who should attempt to do so much, and assume so little, should be misapprehended and misrepresented, is in accordance with all human expe rience. A " charity that beareth all things, believeth all things, hopeth all things, endureth all things," * is not of frequent occurrence, nor is it readily less the view of Sir Matthew Hale, who, for a long time, it is recorded, concealed the consecration of himself to the stricter duties of religion, lest, by some flagitious and shame ful actions, he should bring piety into disgrace. His confidence in example seems to have been mastered by his doubts of his moral strength. Milton, in a letter to a learned stranger, by whom he had been visited, with great reason congratulates himself upon the consciousness of being found equal to his own character, and having preserved, in a private and familiar interview, that reputation which his works had procured for him. — See Dr. Johnson's Essays, ±., 133. l " Possessing an extraordinary greatness of mind," says Bancroft, " vast conceptions, remarkable for their universality and precision, and ' surpassing in speculative endowments,' — conversant with men, and books, and governments, with various languages, and the forms of political combinations, as they existed in England and France, in Holland and the princi palities and free cities of Germany, — he yet sought, the source of wisdom in his own soul. Humane by nature and by suffering, familiar with the royal family, intimate with Sunder land and Sidney, acquainted with Russell, Halifax, Shaftsbury and Buckingham, as a mem ber of the Royal Society, the peer of Newton, and the great scholars of his age, he valued the promptings of a free mind more than the awards of the learned, and reverenced the single- minded sincerity of the Nottingham shepherd more than the authority of colleges and the wisdom of philosophers. And now, being in the meridian of life, but a year older than was Locke, when, twelve years before, he had framed a constitution for Carolina, the Quaker legislator was come to the New World to lay the foundations of states." — n., 376. 2 When near his end, Admiral Penn sent one of his friends to the Duke of York, to desire of him, as a death-bed request, that he would endeavor to protect his son as far as he con sistently could, and to ask the king to do the same. Both expressed themselves as his sincere friends, promising their influence in his behalf on all proper occasions. 8 Peter the Great was quite curious to know why Quakers did not pay respect to great per sons, when in their presence, by taking off their hats ; and what use they could be in any kingdom, seeing that they would not bear arms and fight. — Clarkson, i. , 6. * 1 Cor. 13 : 7. 30 234 ' DEFENCE OF WILLIAM PENN. understood. To be at the same time a companion to the king, an instru ment of power at court, a friend to the people, an adviser to opponents, a pacificator in war, a firm and undeviating opposer of war in seasons of peace, is literally to honor the example of St. Paul, who was willing to be made all things to all men, that he might by all means save some.1 No man was truly more independent, — but few more meek or humble. The world wa3 only honored when right, though never deserted when wrong. To defend Penn, in extenso, against the charges and insinuations of Chal mers,2 or against the dubious compliments of Macaulay,3 is not within the l 1 Cor. 9 : 18—23. . 2 See Annals, pp. 640, 642, 648, &c. 3 " To speak the whole truth concerning him," says Macaulay, " is a task which requires some courage, for he is rather a mythical than a historical person. Rival nations and hostile sects have agreed in canonizing him. Ungland is proud of his name. A great commonwealth beyond the Atlantic regards him with a reverence similar to that which the Athenians felt for Theseus, and the Romans for Quirinus. The respectable society of which he was a mem ber honors him as an apostle. By pious men of other persuasions he is generally regarded as a bright pattern of Christian virtue. Meanwhile admirers of a very different sort have sounded his praises. The French philosophers of the eighteenth century pardoned what they regarded as his superstitious fancies, in consideration of his contempt for priests, and of his cosmopolitan benevolence, impartially extended to all races and to all creeds. His name has thus become, throughout all civilized countries, a synonyme for probity and philanthropy," — Macaulay, vol. i., p. 507. " Nor is this reputation," he adds, " altogether unmerited. Penn was, without doubt, a man of eminent virtues. He had a strong -sense of religious duty, and a fervent desire to promote the happiness of mankind. On one or two points of high importance he had notions more correct than were in his day common, even among men of enlarged minds ; and, as the proprietor and legislator of a province, which, being almost uninhabited when it came into his possession, afforded a clear field for moral experiments, he had the rare good fortune of being able to carry his theories into practice without any compromise, and yet without any shock to existing institutions. He will always be mentioned with honor as the founder of a colony who did not, in his dealings with a savage people, abuse the strength derived from civilization ; and as a lawgiver, who, in an age of persecution, made religious liberty the cor ner-stone of a polity. But his writings and his life furnish abundant proofs that he was not a man of strong sense. He had no skill in reading the characters of others. His confidence in persons less virtuous than himself led him into great errors and misfortunes. His enthu siasm for one great principle sometimes impelled him to violate other great principles which he ought to have held sacred. Nor was his integrity altogether proof against the temptations to which it was exposed in that splendid and polite, but deeply-corrupted society, with which he now mingled. The whole court was in a ferment with intrigues of gallantry and intrigues of ambition. The traffic in honors, places and pardons, was incessant. It was.natural that a man who was daily seen at the palace, and who was known to have free access to majesty, should be frequently importuned to use his influence for purposes which a rigid morality must condemn. The integrity of Penn had stood firm against obloquy and persecution. But now, attacked by royal smiles, by female blandishments, by the insinuating eloquence and delicate flattery of veteran diplomatists and courtiers, his resolution began to give way. Titles and phrases, against which he had often borne his testimony, dropped occasionally from his lips and his pen. It would be well if he had been guilty of nothing worse than such compliances with the fashions of the world. Unhappily, it cannot be concealed that he bore a chief part in some transactions condemned not merely by the rigid code of the society CHALMERS AND MACAULAY. 235 province of the present work. It is but just, however, that their views should be considered and understood by the political student, inasmuch as the subject of their remarks belongs to the political history of America. Chalmers was a tory ; and the reader of his allusions to Penn will be at no loss to discover his disposition to prepossess others in respect to opinions which he had the assurance to hint, without showing a corresponding ability either to commend or to prove. Macaulay endeavors to practise a courage which he supplicates as neces sary to his" task ; and yet, his admissions and concessions are more favorable to Penn than his statements and conclusions are against him. Because Penn could not succeed in all cases where he was an earnest adviser of the right, it does not follow that he should be made responsible for the wrong to which he gave no sanction. He filled no official station, and was only one of many advisers at court ; and it is not pretended by any writer that he assumed to exert more than his share of influence. At no time the originator of iniqui tous plans, it is not a generous spirit that would render him accountable for their execution, when his only connection with their authors sprang from the high and commendable motive of meliorating evils which he had not the power ¦ to prevent. It is with no purpose to exempt him from the common lot of 'humanity, the liability to commit errors, that a high position is claimed for him as a man of talents, and that opinions are expressed favorable to his undoubted integrity. Such conclusions are warranted by the facts of his tory, and they are in harmony with those peculiar manifestations of mind for which their subject became so distinguished. But an instructive defence of Penn is to be found in his own letter to Popple.1 It was not written with to which he belonged, but by the general sense of all honest men. He afterwards solemnly protested that his hands were pure from illicit gain, and that he never received any gratuity from those whom he had obliged, though he might easily, while his influence at court lasted, have made a hundred and twenty thousand pounds. To this assertion full credit is due. But bribes may be offered to vanity as well as to cupidity, and it is impossible to deny that Penn was cajoled into bearing a part in some unjustifiable transactions, of which others enjoyed the profits." — Read Macaulay, and Forster's reply, in pamphlet published by Henry Longstreth, Philadelphia. 1 William Popple was Secretary to the Lords Commissioners for the Affairs of Trade and Plantations. The following extracts from the letter of Popple will enable the reader to judge of its nature. These extracts are made from the commencement and the close of the letter, as showing the wishes of the writer, the other portion being a recital of various speculations and charges alluded to by Penn in his reply. The letter was addressed " to the Honorable William Penn, Esq., Proprietor and Governor of Pennsylvania. "Honored Sib : " Though the friendship with which you are pleased to honor me doth afford me sufficient opportunities of discoursing with you upon any subject, yet I choose rather at thisjnme to offer unto you in writing some reflections which have occurred to my thoughts in a matter of no common importance. The importance of it doth primarily and directly respect yourself and your own private concernments ; but it also consequently and effectually regards the 236 LETTER OF WILLIAM PENN. any calculating motives in regard to policy. It was simply an offering to friendship, and made without compromising the true dignity of principle. It is given at length as an act of justice to its author, as a key to his charac ter, and as a document fraught with instruction.1 It asserts "an impartial liberty of conscience; " and, 'if his requisitions upon humanity are deemed in some respects incompatible with the necessities of an efficient government, or are regarded as impracticable in the nature of things, it will not be denied that he affords a shining example of a democratic spirit, which, if not always connected with truth, may sometimes tend to alleviate the evils of error, without adding to the means of its perpetuation. On receiving this letter, Penn did not take time to consult friends, to study expediency, nor to inquire how he might best define his position and conciliate public opinion. The reply was immediately written and sent to his worthy friend.king, his government, and even the peace and settlement of this whole nation. I entreat you, therefore, to bear with me, if I endeavor in this manner to give somewhat more weight unto my words than would be in a transient discourse, and leave them with you as a subject that requires your retired consideration. " You are not ignorant that the part you have been supposed to have had of late years in public affairs, though without either the title or honor or profit of any public office, and that especially your avowed endeavors to introduce among us a general and inviolable liberty of conscience in matters of mere religion, have occasioned the mistakes of some men, pro voked the malice of others, and in the end have raised against you a multitude of enemies, who .have unworthily defamed you with such imputations as I am sure you abhor. This, I know, you have been sufficiently informed of, though I doubt you have not made sufficient reflection upon it. The consciousness of your own innocence seems to me to have given you too great a contempt of such unjust and ill-grounded slanders ; for, however glorious it is and reasonable for a truly virtuous mind, whose inward peace is founded upon that rock of innocence, to despise the empty noise of -popular reproach, yet even that sublimity of spirit may sometimes swell to a reprovable excess. To be steady and immovable in the prosecution of wise and honest resolutions, by all honest and prudent means, is indeed a duty that admits of no exception ; but, nevertheless, it ought not to hinder that, at the same time, there be also due care taken of preserving a fair reputation. ' A good name,' says the wise man, ' is better than precious ointment. '****»¦** " I could not but be much affected to see any such person fall innocently and undeservedly under such unjust reproaches as you have done. It is a hard case, and I think no man that has any bowels of humanity can reflect upon it without great relentings. "Since, therefore, it is so, and that something remains yet to be done — something more express, and especially more public, than has yet been done — for your vindication, I beg of you, dear sir, by-all the tender efficacy that friendship, either mine or that of your friends and relations together, can have upon you ; by the due regard which . humanity, and even Christianity, obliges you to have to your reputation ; by the duty you owe unto the king ; by your love to the land of your nativity, and by the cause of universal religion and eternal truth, let not the scandal of insincerity, that I have hinted at, lie any longer upon you ; — but let the sense of all these obligations persuade you to gratify your friends and relations, and to'serve your king, your country and your religion, by such a public vindication of your honor as your own prudence, upon these suggestions, will now show you to be most necessary and most expedient." 1 See Appendix. CONTESTS IN REGARD TO RIGHTS AND INTERESTS. 237 "It is now above twenty years," says he, "I thank God, that I have not been very solicitous what the world thought of me ; for, since I have had the knowledge of religion from a principle 1 in myself, the first and main point with me has been to approve myself in the sight of God through patience and well-doing, so that the world has not had weight enough with me to suffer its good opinion to raise me, or its ill opinion to deject me. And if that had been the only motive or consideration, and not the desire of a good friend in the name of many others, I had been as silent to thy letter as I used to be to the idle and malicious shams of the times; but, as the; laws of friendship are sacred with those that value that relation, so I confess this to be a principal one with me, not to deny a friend the satisfaction lie desires, when it may be done without offence to a good conscience." That a colony founded by a man of such noble views and sentiments, so distinguished for his charity and love of peace, should be made the field for perpetual contests in regard to rights and interests, is a curious, and, it may be added, an instructive fact. To travel through its history is denominated by Franklin "a disagreeable journey." It acquired for itself the unenvia ble reputation of being the most unmanageable colony in America.2 Its 1 He means the spirit in man, which is illuminated by the spirit of God, so that the more the former bows itself for instruction to the latter, the more the man advances, both inwardly and outwardly, to a holy life. — Clarkson. 2 Gov. Morris, in his message to the Assembly, 1755, thus concludes : "Jn fine, gentlemen," said he, " I must remind you that, in a former message, you said you were a plain people, that had no joy in disputation. But let your minutes be examined for fifteen years past, not to go higher, and in them will be found more artifice, more time and money spent in frivolous controversies, more unparalleled abuses of your governors, and more undutifulness to the crown, than in all the rest of his majesty's colonies put together. And, while you continue in such a temper of mind, I have very little hopes of good, either for his majesty's service, or for the defence and protection of this unfortunate country." — Sparks' Franklin, in., 408. The passage alluded to by the governor, in regard to the members of the Assembly being " a plain people," was in the following language : " On the whole, while we find the governor transforming our best actions into crimes, and endeavoring to render the inhabitants of Pennsylvania odious to our gracious sovereign and his ministers, to the British nation, to all the neighboring colonies, and to the army that is to come to protect us, we cannot look upon him as a friend to this country. We are plain people, unpractised in the sleights and artifices of controversy, and have no joy in disputation. We wish the governor of the same disposition ; and when he shall, as we hope he will, on better consideration, alter his conduct towards us, and thereby convince us that he means well to the province, we may then be able to transact the public business together with comfort both to him and ourselves ; of which, till then, we have small expectation." — lb., in., 354. And, in direct reply to his charges, the Assembly say : "The minutes are printed, and in many hands, who may judge, on examining them, whether any abuses of governors and undutifulness to the crown are to be found in them." * * * " As to frivolous controversies, we never had so many of them as since our present governor's administration, and all raised by himself ; and we may venture to say that, during that one year scarce yet expired, there have been more ' unparalleled abuses ' of this people 238 franklin's historical review of Pennsylvania. early history was written by Franklin, and first published in London in 1759.1 It is written with the1 earnest spirit natural to an American, and must be classed as one of Franklin's most masterly productions. Numerous extracts from pubhc documents and the Assembly journals are given as the basis of-remark ; and no one, who is acquainted with the extraor dinary comprehensiveness and clearness of the views of Franklin, requires to be told that the conclusions drawn from the premises are not only philo sophical, but highly interesting and instructive.2 The Democracy of Frank lin was as earnest and true as his genius was practical and brilliant. and their representatives in Assembly than in all the years put together since the settlement of the province." — lb., in., 408. 1 This was entitled " An Historical Review of Constitution and Government of Pennsylva nia, from its origin, so far as regards the several points of controversy which have from time to time arisen between the several Governors of Pennsylvania and their several Assemblies. Founded on authentic documents." — lb., m., 105 — 567. 2 In speaking of this " Historical Review," by Franklin, Sparks says : " The controversies, which existed for many years, between the proprietary governors and the Assemblies of Pennsylvania, are not without interest as an important branch of the gen eral history of the country, and as showing the determined spirit of the people in their strug gles for liberty. As a member of the Assembly for many years, and one of the leaders, Franklin had taken a conspicuous part against the proprietaries ; and, when it was at last resolved by the popular party to apply to the king in council for a redress of their grievances, he was appointed their agent to manage the affair. He went to England, for that purpose, in the summer of 1-757. To aid the object of his mission, to counteract the powerful efforts made against the petition by the friends of the proprietaries, and to remove the prejudices then existing in England unfavorable to the people of Pennsylvania, he drew up and pub lished this book in London. It produced a strong impression, and called forth elaborate answers from his opponents. It was the subject of a commendatory article in the Monthly Review for July, 1759. In his remarks upon it the writer says : ' It must be confessed that the Pennsylvanians have, in our author, a most zealous and able advocate. His sentiments are manly, liberal, and spirited ; his style close, nervous, and rhetorical. His introduction is well calculated to warm his readers in behalf of liberty, of which he boasts his clients to have been the brave assertors. By a forcible display of oppressions they have sustained, he inclines into pity their condition ; by an enumeration of their virtues, he endeavors to remove the idea which many have conceived of their unimportance.' " In the Critical Review for August of the same year, the book fell into the hands of the opposite party ; and, although it is treated with respect, yet it is censured for the tone it assumes in regard to the demands of the Pennsylvanians. 'Nay,' says the reviewer, 'our author seems to carry his notions of liberty and independence so high, as to admit of no check or control from the government of his mother country.' * * * " The value of the work, as an historical composition, will be estimated differently, according to the bias of the reader's rnind in regard to the disputed points on which it treats. It was professedly written to sustain the aims of a party, and in this light it cannot be looked upon as free from partiality. A large portion of the work, however, consists of pacts, stated with precision, and with such minuteness of citation as to verify their accuracy. These pacts cannot be controverted. The reasonings and deductions from them would, of course, take a direction in conformity with the author's personal convictions and designs. " Every page bears witness to his sincerity, and to the deep interest he felt in the cause of liberty and justice, which his countrymen had intrusted to his charge. *. * * The author is accused of having touched the name of the great founder of Pennsylvania with too rude a PARTY CONTROVERSIES OF PENNSYLVANIA. 239 The controversies between the proprietaries, governors and successive Assemblies of Pennsylvania, — controversies which so often embarrassed, dis band. If it be so, time has repaired the injury. Facts mugt have tlieir own weight, because they are unchangeable and ever-during ; but the memory of William Penn oannot be tar nished by unfounded imputations, nor his oharaoter wounded by misdirected darts of party zeal." — lb., ni., 107. Franklin had no motive to asperse the character of Penn. He simply and boldly vindi cated the rights of the people, and at the same time clearly pointed out the Bources of their troubles. Proprietary government was the subject of his remark ; and that he cannot bo justly complained of for any excess of Democracy may be inferred from the nature of the remedy which he approves as calculated to relieve the people, — "a measure," he says, "that had often been proposed in former Assemblies, — a measure that every proprietary province in America had, from the same causes, found themselves obliged to take, - — and a measure that had happily succeeded wherever it was taken. I mean the recourse to an immediate royal government." When Franklin, by a small majority, lost his seat in the Assembly, which he had held for fourteen years, having been annually elected, it was found, when the Assembly met, notwith standing this defeat, that his friends and the friends of his measures outnumbered the pro prietary party. He was again appointed to resume his agency in England, and to take charge of a petition to the king. The minority protested, giving their reasons against his appointment. Tq this protest he made a reply, written at the moment the author was pre paring to leave for Europe, (iv., p. 143.) The following extract will tend to illustrate his true position and motives : " But I have, you say, a ' fixed enmity to the proprietaries,' and ' you believe it will preclude all accommodation of our disputes with them, even on just and reasonable terms.' And why do you think I have a fixed enmity to the proprietaries ? I have never had any personal difference with them. I am no land-jobber, and therefore have never had anything to do with their land office or officers. If I had, probably, like others, I might have been obliged to truckle to their measures, or have had like causes of complaint. But our private interests never clashed, and all their resentment against me, and mine to them, has been on the public account. Let them do justice to the people of Pennsylvania, act honorably by the citizens of Philadelphia, and become honest men. My enmity, if that 's of any consequence, ceases from the ' very moment,' and, as soon as I possibly can, I promise to love, honor, and respect them." — lb., vol. iv., p. 150. That he held his opinions of proprietary governments and proprietary governors irrespect ive of persons, will be seen by the pertinent language of the following paragraph : "It is by this time apparent enough, that, though the proprietary and popular interests Spring from one and the same source, they divide as they descend ; that every proprietary governor, for this reason, has two masters, — one who gives him his commission, and one who gives him his pay ; that he is on his good behavior to both ; that, if he does not fulfil with rigor, every proprietary command, however injurious to the province or offensive to the Assembly, he is recalled ; that if he does not gratify the Assembly in what they think they have a right to claim, he is certain to live in perpetual broils, though uncertain whether he shall be enabled to live at all ; and that, upon the whole, to be a governor upon such terms, is to be the most wretched thing alive." — lb., vol. in.., 187. He could see more nationality in a king who protected property as a sovereign, than in a governor who protected property as an owner. He could see more safety in a ruler who derived his strength from his subjects, that he might be able to sustain them in their just rights, than in a governor whose power was based on his interests, and whose highest motives would not unfrequently be those of mere policy. He became afterwards, as all men know, an active partisan against the king and his government. He was not opposed to the king and his 240 PARTY CONTROVERSIES OF PENNSYLVANIA. tracted and endangered J;he public service, — were so numerous,1 complicated and tedious, that a recital of their details could hardly be justified in this advisers personally, but to their oppressions. In both cases he showed himself to be a true Democrat, and in both cases a true friend to the people. In his article entitled " Cool Thoughts on the Present Situation of our Public Affairs " (1764) , Franklin, in speaking of the disputes between the proprietaries and the people, says : " It is a fact known to us all that such disputes there are, and that they have long sub sisted, greatly to the prejudice of the province, clogging and embarrassing all the wheels of government, and exceedingly obstructing the public defeace, and the measures wisely con certed by our gracious sovereign for the common security of the colonies. 'I may add it as another fact, that we are all heartily tired of these disputes. " It is very remarkable that disputes of the same kind have arisen in all proprietary gov ernments, and subsisted till their dissolution. All were made unhappy by them, and found no relief but in recurring finally to the immediate government of the crown. Pennsylvania and Maryland are the only two of the kind remaining, and both at this instant agitated by the same contentions between proprietary interest and power and popular liberty. Through these contentions the good people of that province are rendered equally unhappy with our selves ; and their proprietary, perhaps, more so than ours ; for he has no Quakers in his Assembly to saddle with the blame of those contentions, nor can he justify himself wjth the pretence that turning to the church has made his people his enemies. " Pennsylvania had scarce been settled twenty years (not even so long) when these dis putes began between the first proprietor and the original settlers. They continued, with some intermissions, during his whole life. His widow took them up, and continued them after his death. Her sons resumed them very early, and they still subsist." * * * " I suspect, therefore, that the cause is radical, interwoven in the constitution, and so become the very nature of proprietary governments, and will therefore produce its effects as long as such governments continue." * * * — lb., vol. iv., pp. 79, 80. " Our wise first proprietor and founder was fully sensible of this ; and, being desirous of leaving his people happy, and preventing the mischiefs that he foresaw must in time arise from that circumstance, if it was continued, he determined to take it away, if possible,-during his own lifetime. They accordingly entered into a contract for the sale of the proprietary right of government to the crown, and actually received a sum in part of the consideration. As he found himself likely to die before that contract (and with it his plan for the happi ness of his people) could be completed, he carefully made it part of his last will and testa ment, devising the right of the government to two noble lords, in trust, that they should release it to the crown." — lb., p. 125. The colonial expenditures of Penn, his many acts of private munificence, his occasional subjection to the note-shavers, had so impaired his means, that, in 1709, he was compelled to borrow six thousand six hundred pounds, — about thirty thousand dollars, — and secure the loan by a mortgage of the province. This loan was mostly made up by his religious brethren, The transaction alluded to by Franklin was with -Queen Anne, 1712, for the transfer of the government of the province and territory to the crown, for which he was to receive twelve thousand pounds. A bill for the purpose was introduced into Parliament, and a small por tion of the money advanced. The " noble lords" referred to were Earls of Oxford, Mor timer, and Pawlet. 1 In opposing the petition for a royal government, " the wiser and better part of the 'rov- ince " (self-styled), the proprietary party, venture to say, " that this province (except from the Indian ravages) enjoys the most perfect internal tranquillity." After showing the unpardonable error of such a remark, Franklin concludes with the following characteristic expression: "Almost as well might ships, in an engagement, talk of 'the most perfect tranquillity' between two broad-sides." — lb., iv., 137. TROUBLES OCCASIONED BY THE ABSENCE OF PENN. 241 connection, either as a gratification to historical curiosity, or as affording any new illustration of principles. The language of Franklin was no exaggera tion, when he denominated the review of their history " a disagreeable jour ney." The Assembly, deputy governor and council, were in positions of perpetual variance.1 Tho protracted absence of Penn 2 from the province rendered a deputy governor necessary and nearly permanent ; and, although no laws had been proposed to the Assembly but with the most open and liberal motives of 'the proprietary, yet the exercise of his reserved discretion was inconsistent with his declaration of principles. The deputy, it is true,3 was clothed with his master's power, but not invested with his master's spirit. He was advised of his wishes, but he was not equal to the exertion of his will. He could represent his firmness, but not his charity. He could declare his Democracy, but he could not practise its principles. He had his instructions in his pocket, but the throbbings of the generous heart that dic tated them were separated from the motives by which they were approved ; and the soul of the author was lost in the agent, or in the cupidity of his successors. , The deputy governor, in his endeavors literally to heed the bond of the flesh, disregarded the voice of the spirit ; and, while there was no want of earnestness to follow the letter, there appeared to be but little capacity to com prehend the principle. The original charter was discussed, amended, practi cally annulled, and renewed.- New charters were framed, with new conditions, new promises, and impracticable privileges. The laws of Pennsylvania were declared in opposition to the constitution of England, and the birthright of 1 The following manifestation, on the part of the Assembly, addressed to Gov. Morris, affords a specimen of their, occasional spirit of independence : " We are now to take our leave of the governor ; and, indeed, since he hopes no good from us, nor we from him, it is time we should be parted. If our constituents disapprove our conduct, a few days will give them an opportunity of changing us by a new election ; and, could the governor be as soon and as easily changed, Pennsylvania would, we apprehend, deserve much less the character he gives it, of an unfortunate country." These words were not uttered with any desire to irritate the governor, nor with any inward satisfaction that they could be used with impunity. They were used in reply to language of a much more exceptionable character, on the part of the governor to the representatives of the people. 2 In a letter to a friend in America, 1689, he says : " Europe looks like a sea of trouble. Wars are like to be all over it, this summer. I strongly desire to see you before it be spent, if the Lord will ; and I can say, in his sight, that to improve my interest with King James for tender consciences, and that a Christian liberty might be legally settled, though agamst my own interest, was that which has separated me from you chiefly." In alluding to the absence of Penn, Franklin says : " His nursling colony was yet in the cradle while it was thus deserted ; consequently stood in need of all expedients to facilitate ' its growth, and all preservatives against disorders." 3 " Plantation-governors," says Franklin, " were frequently transient persons, of broken fortunes, greedy of money, destitute of all concern for those they governed, often their ene mies, and endeavoring not only to oppress but defame them, and thereby render them obnox ious to their sovereign, and odious to their fellow-subjects." — Sparks' Franklin^ia., 447. 31 242 CONTESTS BETWEEN THE GOVERNORS AND ASSEMBLIES. the British subject was lost in the executive of the province. The rights of the people were invaded by the deputy governor under cover of proprie tary instructions ;x and, from the first to the last, the democratic Assemblies acted more on the defensive than with any factious motives unfavorable to progress. Official communications were embittered by criminations and recriminations, and the usual courtesies of discussion gave way to the abu sive epithets of passion. The governor was accused of bribery,2 the Assem bly of treason.3 The one was characterized as ^indecent, the Other as dis- l The right of proprietaries to give private instructions to their deputies was a subject much discussed in the Assembly of Pennsylvania. The absurdity of such an assumption, where a charter had been granted and received, and where laws were to be enacted in accord ance with the provisions of that charter, and not against the spirit of the constitution of England, is almost self-evident. On this subject, the Assembly thus conclude a message to the governor : " Upon the whole, from what we have said, we presume it evidently appears that pro prietary instructions and restrictions upon their governors, as they have, occasionally been made a part of the public records at different times, have been judged and resolved by our governor, council and the representatives of the people, either — 1. Inconsistent with- the legal prerogative of the crown settled by act of Parliament. 2. Or, a positive breach of the char ter of privileges to the people. 3. Or, absurd in their conclusions, and therefore impracti cable. 4. Or, void in themselves. Therefore, whenever the governor shall be pleased to lay his proprietary instructions before us for our examination, arid if then they should appear to be of the same kind as heretofore, his good judgment should lead him to conclude that such ' considerations in life ' as our allegiance to the crown, or the immediate safety of the colony, &c, are sufficient inducements for him to disobey them-, notwithstanding any penal bonds to the contrary, we shall cheerfully continue to grant such further sums of money for the king's use as the circumstances of the country may bear, and in a manner we judge least burthensome to the inhabitants of this province." — lb., in., 316. 2 In reply to the governor concerning the expediency of showing a due regard to the pro prietaries and their interest, the"Assembly comment as follows : " That is, as we understand it, though the proprietaries have a deputy here, supported by the province, who is, or ought to be, fully empowered to pass all laws necessary for the service of the country; yet, before we can obtain such laws, we must facilitate their passage by paying money for the proprieta ries which they ought to pay, or in some other shape make it their particular interest to pass them. We hope, however, that if this practice has ever been begun, it will never be contin ued in this province ; and that, since we have an undoubted right to such laws, we shall always be able to obtain them from the goodness of our sovereign, without" going to market for them to a subject." — lb., in., 242. 3 The deputy governors constantly assumed the authority to dictate to the Assembly the manner of raising money and making appropriations. The Assembly as constantly resisted the exercise of such a power. In reply to Gov. Hamilton respecting this right, the Assembly employed the following emphatic language : "The House are not inclined to enter into any dispute with the governor on the subject of his proposed amendments to the money bill, as the representatives of the people have an undoubted right to judge and determine not only of the sum to be raised for the use of the crown, but of the manner of raising it." At a subsequent period, when Gov. Morris allowed his passion to cloud his judgment in the discussion of this subject with the Assembly, he said : ' ' The offering money in a way and upon terms that you very well knew I could not, consistent with my duty to the crown, con sent to, is, in my opinion, trifling with the king's commands, and amounts to a refusal to PROPRIETARIES CLAIM EXEMPTION FROM TAXATION. 243 respectful. The advice of the Assembly was opposed when offered, and disregarded when asked. Governors became dictators, and demanded action upon information which they withheld, and instructions in secret became laws by proclamation. They discovered haste in the violation of principle, and apathy in responding to the requisitions of duty. The government became "eccentrical and unnatural."1 Immoralities were said to abound everywhere, and vice was encouraged by examples of the rulers, instead of being checked by their authority.2 The conservative party was content with no control but that of tyranny ; and the spirit of royalty was invoked, as more liberal than that of Mammon. It had no grace to offer, — it saw nothing to approve. Freedom was either too great, or restraint too little. Justice was either too distant, or government too weak. In its policy monop olies were the first to be protected, — the people the last to be considered. Liberty was to be made subservient to property. All property was to be taxed but that of the proprietaries,3 and protection was to be extended to the rich give at all ; and I am satisfied will be seen in this light by my superiors ; who, by your bill above-mentioned, which I shall lay before them, and by the whole of your conduct since you have been made acquainted with the designs of the French (against the English colonies), will be convinced that your resolutions are and have been to take advantage of your coun try's danger to aggrandize aud render permanent your own power and authority, and to destroy that of .the crown. That it is for this purpose, and to promote your scheme of future independency, you are grasping at the disposition of all public money, and at the power of filling all the offices of government, especially those of the revenue," &e. — • Sparks' Frank lin, in., 342. i lb., nr., 422. 2 In their long statement of grievances to the proprietary (1704) the Assembly say : "And wo further entreat that effectual care be taken for the suppression of vice, which, to our great trouble, we have to acquaint thee, is more rife and common amongst us since the arrival of thy deputy and son, especially of late, than was ever known before. Nor are we capable to suppress it, whilst it is connived at, if not .encouraged, by authority ; the mouths of the more sober magistrates being stopped by the said late order about 'oaths, and the governor's licens ing ordinaries not approven by the magistrates of the city of Philadelphia, and the roast chiefly ruled by such as are none of the most exemplary for virtuous conversation." " The loose conduct and dissipated life of Evans " (deputy governor 1703-4 to 1708-9), says Hil- dreth, " who had as a companion of his revels William Penn the younger, the proprietary's eldest son, gave the complainants a decided advantage. Penn ascribed his son's ruin to his residence in Pennsylvania ; and that son publicly renounced Quakerism, giving for a reason the ingratitude of the colonists towards his father." — n., 244. 3 When it was represented by the deputy governors that a tax was necessary for the defence of the province against immediate and threatening dangers, they claimed that the proprieta ries should be exempted from paying their proportion of it. " The Assembly," says Frank lin, " found the proprietaries in possession of an immense estate, in lands and quit-rents. This estate was as much endangered as any other estate, and was to be defended in common with the rest. They did not think the immensity of it gave it any title to any exemption of any kind, and they found no such exemption specified in any of their charters. " Proceeding, therefore, by the rules of reason and equity, as well as policy, they taxed the whole land alike ; and subjected the proprietaries, as landholders, to a proportional share of all the claims and impositions which their deputy would have exempted them from as govr 244 ASSEMBLY PERMANENTLY DEMOCRATIC. at the expense of the poor. The majority were to have no honor ; the peo ple no position in comparison with gentlemen of rank; and representatives were to be reduced, and yet no qomplaints were deemed reasonable, — no petitions for reforms respectable. But this dismal exhibition of party warfare, — of an oligarchy against a Democracy, — -had its cheering aspects, its redeeming principles, its happy results. Though severely tried by the tyranny of the governors, the people were patient, true, and firm.1 Their good will was above the influences of pas sion, and their sense of justice superior to a vindictive policy.' The Assem bly was permanently democratic. Prompt to cooperate in all measures of reform, to require the administration of justice, to protect the rights and interests of the colonists, to hold sacredly the prerogatives of conscience, — the charter of the colony, and the magna charta of England, — they did not ernors-in-chief, and' was so strenuous for imposing on the people alone ; — and this one bitter ingredient was mors in olid, — death in the pot." — in., 371. "On one side was the proprietary family," says Day, "with their feudal prerogatives, their manors of ten thousand acres, their quit-rents and baronial pomp, alienated in their sympathies from the colony, preferring the luxuries of aristocratic life in England to the unos tentatious manners of the New World, ruling the colony by capricious deputies, and ever refusing to be taxed for the common defence of the country. On the other side was a hardy and enthusiastic band of colonists, free in this New World to develop the great principles of civil liberty, then just dawning upon the human mind ; willing to bear their share of the pecuniary burdens of the frontier wars against the encroachments of the French, provided the proprietaries would consent to be equally taxed ; a part of them burning to take up arms in defence of the colony, while the Quakers and other non-resistant sects were equally zealous to promote peace. ' ' — Hist. Coll. Pa. It was decided, in 1762, that the proprietary estates should be taxed. Thus was taken away a source of contention which had embroiled the Assembly and governors for many years. This was accomplished chiefly by the influence of Dr. Franklin, during his first mission to England. l " It is apparent," says Franklin, " the Assemblies of that province (Pennsylvania) have acted from the beginning on the defensive only. " * * * "It is apparent, on the other hand, that these proprietaries have acted an offensive part ; have set up unwarrantable claims ; have adhered to them by instructions yet more unwarrantable ; have availed them selves of the dangers and distresses of the province, and made it-their business (at least, their deputies have) to increase the terrors of the times, purposely to unhinge the present system ; and, by the dint of assumptions,, snares, menaces, aspersions, tumults and every other unfair practice whatsoever, would have either bullied or wheedled the inhabitants out of the privi leges they were born to-; nay, they have actually avowed this perfidious purpose, by avowing and dispersing those pamphlets in which the said privileges are insolently, wickedly and foolishly, pronounced repugnant to government, the sources of confusion, and such as, hav ing answered the great end of causing an expeditious settlement, for which alone they were granted, might be resumed at pleasure, as incompatible with the dictatorial power they now challenge and would fain exercise. " And, this being the truth, the plain truth, and nothing but the truth, there is no need to direct the censures of the public, which, on proper information, are always sure to fall in the right place." — Sparks' Franklin, in., 528, 529. WHAT THE HISTORY OF PENNSYLVANIA TEACHES. 245 hesitate boldly to declare their principles, to oppose monopolies, to repel the presumptions of aristocracy, and at all times to prefer essential liberty to tem porary safety.1 They were true to the best good of their country and to them selves, and their posterity will not fail to be true to them. That they occa sionally committed errors is not to be denied. Comparatively, their errors were slight and seldom. They were rather those of passion, provoked by acts of oppression, than of a selfish spirit against common equity or the acknowledged principles of justice. The history of Pennsylvania demonstrates how much may be accomplished by pure good will, and at the satne time how much may be lost by mistaking good-nature for benevolence, and a theoretic peace for security. The colony was subject to perpetual «hange in legislation ; the adjustments of one day became the topics of dispute the next ; and what was wanting in magnitude of interest was amply supplied by the niceties of distinction. The govern ment had been formed in the confidence that virtue would be chosen for its beauty, peace for its enjoyments, and prosperity for its comforts. But the passions of men exist independent of conventional laws. However high the standard of moral purpose, men will be found to stand in relation to all the degrees of the scale, and to represent, in every variety of combination, all the natural tendencies of the soul. As, in the natural world, the rising sun may beam upon a vaulted sky in peace with all the elements, and ride, at its setting, upon the clouds of the tempest, — so, in the universe of truth, the holiest resolutions, with a successful beginning, may encounter error, in the end, for which they were not adapted to combat, and obstacles of a nature beyond their power to remove. In his endeavors to save the colony from the annoyances of individual cupidity, and the convulsions of party spirit, Penn widened the source of their origin by adopting a theory which was in advance of experience, and multiplied new issues by attempting to avoid old ones. His truth was above his wisdom, and his wisdom was above his knowledge. He desired more than he understood, and accomplished less than he designed. His spiritual habits of faith in the goodness of God inspired a benevolent confidence in the goodness of man. He excited jeal ousy by his equanimity of temper, and by attempting to avoid contention he encountered the spirit of mistrust. In his conceptions of the conditions of national existence, he failed to discover that a causative diversity was com patible with national unity. His plans were too great for his means of exe cution, and his hopes in the agency of others were measured by the standard i In an address from the Assembly to Deputy Gov. Morris occurs the following happy pas sage : " Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." " There is not in any volume," says Franklin, " the sacred writings excepted, a passage to be found better worth the veneration of freemen than this ; nor could a lesson of more util ity have been laid at that crisis before the Pennsylvanians." — Vol. in., p. 429. 246 DEMOCRACY IN MARYLAND AND PENNSYLVANIA. of endeavor which existed as a shining light within himself. While living, the government of his colony was chiefly administered by agents of question able wisdom ; and when dead, by kindred successors, more mercenary in char acter than skilled in public affairs or distinguished for private virtue. But, as Maryland exhibited Democracy to be controlled by a Papist, as the originator of measures for the consideration of the people,— r Pennsylvania gave an example of Democracy in a Quaker, by whom the people were empowered to make legislative propositions for the action of his judgment, and the exercise of his prerogative. In the one case sovereignty diverged. from a single mind to the people ; in the other, it converged from the people to a single mind.1 In Maryland toleration was a policy ; in Pennsylvania, a principle. One attempted to practise Democracy without admitting a the ory that harmonized its principles; the other endeavored to enforce a theory embracing elements which rendered its execution impracticable. s Both exper iments developed the same truths, and exposed the same errors, though in processes commenced in opposite directions, and combining different elements. The people of Maryland, in seeking their interests, felt the restraining hand of their sovereign lord at the beginning, and political progress was slow ; the people of Pennsylvania began with the utmost freedom in the business of their settlement, but did not discover the limits of their sovereignty, in the person of their proprietary, until they combined to exercise their rights, and -to demand a field for activity in some proportion to their magnitude. Sover eignty in both cases was based upon property, and weighed down by heredi tary conditions ; and laws, however proposed, were subject to the negative of the governor. The founders of both colonies were democratic in their views, but their confidence in theory was greater than their hopes in prac tice. So far. however, as their practice was in harmony with the principles of Democracy, their plans succeeded, and the people were prosperous and happy. In Maryland the Protestant, was taught toleration by a Papist, and in Pennsylvania the necessity of a military defence was taught by a Quaker. 1 "But for the hereditary office of proprietary," says Bancroft, " Pennsylvania had been a representative Democracy. In Maryland, the council was named by Lord Baltimore ; in Pennsylvania, by the people. In Maryland, the power of appointing magistrates, and all, even the subordinate executive officers, rested solely with the proprietary; in Pennsylvania, Wil liam Penn could not appoint a justice or a constable. Every executive officer, except the highest, was elected by the people or their representatives, and the governor could perform no public act but with the consent of the council. Lord Baltimore had a revenue derived from the export of tobacco, the staple of Maryland ; and his colony was burdened with taxes. A similar revenue was offered to William Penn, and declined ; and tax-gatherers were unknown in his province." * * * Penn " established a Democracy, and was himself a feudal sovereign. The two elements in the government were incompatible ; and, for ninety years, the civil history of Pennsylvania is but the account of the jarring of these opposing interests, to which there could be no happy issue but in popular independence." — ii., 389, 393. MASSACHUSETTS, CONNECTICUT, RHODE ISLAND. • 247 Sectarians combined to promote intellectual freedom ; and, while the friends of peace and war united in counsel to lessen the domain of passion, they harmonized conflicting opinions in respect to the active prerogatives of prin ciple. War, in the defence of just rights, was seen to be the conservator of peace ; feudalism surrendered to royalty, and the splendid presumptions of royalty gave way to the plain and undisguised truths of Democracy. In the unnumbered conflicts of party, the triumphs of the people were as glorious as they proved to be complete. In regard to MASSACHUSETTS,! CONNECTICUT,2 AND RHODE ISLANDS the three colonies which, at the time of the Revolution, were under charter governments, little will be said in this connection. The principles of the 1 The first settlement within the territory of Massachusetts was made by the Pilgrims, at Plymouth, December 21, 1620. This settlement was called Plymouth Colony, and afterward Old Colony, to distinguish it from the Province of Massachusetts Bay, which was for a time a distinct government. The settlement of the Province of Massachusetts Bay commenced in 1628, the birth-year of Salem. La 1629 a royal charter was granted to this colony. In 1630 Boston, Dorchester, Roxbury, Cambridge and Watertown, were settled. In 1634 a representative government was established. In 1643, in consequence of the dangers which threatened the English settlements from the hostilities of the Indians, Dutch and French, the colonies of Massachusetts, Plymouth, Connecticut and New Haven, formed themselves into a confederacy, by the name of the United Colonies of New England. This union continued forty years. In 1652 the Province of Maine was detached from Massachusetts, but was restored in 1677. In 1680- New Hampshire was detached from Massachusetts. In 1686 the charter of Massachusetts was taken away by James II., and Sir Edmund Andross was sent out from England as Governor of all New England. He proved to be such a tyrant that the people of Boston deposed him in 1689, and sent him to England. The Provisional Govern ment assembled June 5, 1689, which was administered under a Council of Safety till 1692, when a new government was organized under a new charter, dated October 7, 1691. This charter, granted by William and Mary, extinguished the Old Colony government, and united Massachusetts, Plymouth, Maine, Nova Scotia, under one administration. 2 The territory of Connecticut was granted by the Council at Plymouth to the Earl of Warwick, in 1630. It was transferred in 1631 to Lord Say and Seal, Lord Brooks and oth ers. In 1633 the Dutch of New Amsterdam built a fort at Hartford, and the English from Plymouth established a trading-house at Windsor the same year. In 1635 a party from Massachusetts Bay settled at Windsor, Hartford, and Wethersfield. In 1638 Eaton, Daven port and others, from Boston, began the settlement of New Haven, where they established a separate government. In 1639 the towns on the Connecticut which bad been under the gov ernment of Massachusetts established a government of their own. In 1650 a treaty was made with the Dutch by which the boundaries between the English settlements and the ter ritories of New Amsterdam were adjusted. In 1662 a royal charter was granted to the col ony of Connecticut, and New Haven became united to it in 1665. In 1687 Andross went to Hartford, and demanded the charter ; but it was conveyed away and hidden in a tree, which was afterwards called Charter Oak. The Governor of New York attempted to establish his authority over the militia of this colony, but was promptly resisted by the people. 3 Rhode Island was founded by Roger Williams. Williams was banished by Massachusetts in 1635, and in 1636 he obtained a grant of land from the Indians, and commenced a settle- 248 DEMOCRACY OF NEW ENGLAND. Puritans have already been noticed, and the issues of party will appear in almost every question of policy that was discussed by the colonies in com mon. The progress of Democracy in New England may be seen in the dif ferent charters granted at successive periods.1 A government by charter2 implies distinct purposes and character. In these examples, afforded by the charters of the New England colonies, the evidence was not without its real ity. When a monarch concedes freedom, upon principle, to men of principle, he lights a fire that can never be quenched, — he surrenders a power that can never be returned. The great heart of democratic principles was in New England,3 and from this point they extended to every portion of the Continent. Still the object of suspicious fears in England, the people of Massachusetts began their set tlement doubting both the king and the Parliament. They asserted a sover eignty in their physical weakness, and defended it in the might of their prin ciples. This sovereignty was multiplied and explained in Rhode Island i and ment the same year. It was named the Providence Plantation. A perfectly democratic government was established. In 1638 Portsmouth was settled by William Coddington and others from Massachusetts. Newport was settled vin 1639. The Providence and Rhode Island Plantations, having no charter, were not admitted into the New England confederacy till ] 643. A charter was obtained of Parliament, in 1644, which united the two plantations under one government. In 1647 the first General Assembly met at Portsmouth. Charles H. granted a new charter in 1663. 1 See Appendix. 2 See page 127. 3 The name of New England was first given, in 1614, by the famous Captain John Smith, to North Virginia, lying between the degrees of forty-one and forty-five. New England was sup posed (1621) to be an island, by Cushman and Winslow. Even as late as 1724, the inefficient minister of British America, the Duke of Newcastle, had letters from the department addressed to "the island of New England." (See Young's Chronicles of the Pilgrims, pp. 80, 255 ; Bancroft, iv., p. 19.) New England, as referred to in the text, is intended to embrace only Massachusetts, Rhode Island, Connecticut, and New Hampshire. * The following " simple instrument,", says Professor Knowles, " which combines the prin ciples of a pure Democracy and of unrestricted religious liberty, was the basis of the first government in Providence," doubtless drawn up by Roger Williams : " We, whose names are here underwritten, being desirous to inhabit in the town of Provi dence, do promise to submit ourselves, in active or passive obedience, to all such orders or agreements as shall be made for public good of the body, in an orderly way, by the major consent of the present inhabitants, masters of families, incorporated together into a town ship, and such others whom they shall admit into the same, only in civil things." In 1637-8, when John Clarke and others.(nineteen in all) were required to leave Massachu setts, and decided to settle at Aquetneck (now Rhode Island), they made the following decla ration : " We, whose names are underwritten, do swear, solemnly, in the presence of Jehovah, to incorporate ourselves into a body politic ; and, as he shall help us, will submit our persons, lives and estates, unto our Lord Jesus Christ, the King of Kings and Lord of Lords, and to all those most perfect and absolute laws of his given us in his holy word of truth, to be guided and judged thereby." The first General Assembly met May 19, 1647. They agreed upon a body of laws, chiefly taken from the laws of England. In the introduction of this code, the form of government FATHERS OF CONNECTICUT REPUBLICANS. 249 Connecticut ; x and the democrats who were sent away to promote the internal harmony of Massachusetts became the champions of liberty in new circles adopted is called " Demooratioal ; that is to. say, a government held by the free and vol untary consent of all or the greater part of the free inhabitants." This code of civil regu lations thus ooncludes : " Otherwise than thus, what is herein forbidden, all men may walk as their consciences persuade them, every one in the name of his God. And let the lambs of the Most High walk, in this colony, without molestation, in the name of Jehovah their God, for ever and ever." " I have acknowledged '>(it was the declaration of Roger Williams), (" and have and shall endeavor to maintain) the rights and properties of every inhabitant of Rhode Island, in peace ; yet, since there is so much sound and noise of purchase and purchasers, I judge it not unreasonable to declare the rise and bottom of the planting of Rhode Island in the fount ain of it. It was not the price nor money that could have purchased Rhode Island. Rhode Island was obtained by love," &c. — See Knowles' Roger Williams. The second charter (see Appendix), granted by Charles.II., 1663, declared that " no per son within the said colony, at any time hereafter, shall be anywise molested, punished or disquieted, or called in question for any differences in opinion, in matters of religion, and do not actually disturb the civil peace of our said colony." Cotton Mather says (Magnalia, b. vn., c. in., § 12, 1695) that Rhode Island colony " has been a colluvies of Antinoinians, Familists, Anabaptists, Antisabbatarians, Arminians, Socin- ians, Quakers, Ranters, — everything in the world but .Roman Catholics and true Christians, though of the latter, I hope, there have been more than of the former among them." Rhode Island will be considered in another connection. 1 "The fathers of Connecticut," says Trumbull, "as to politics, were republicans. They rejected with abhorrence the doctrines of the divine right of kings, passive obedience, and non-resistance. With Sidney, Hampden and other great writers, they believed that all civil power and government was originally in the people. Upon these principles they formed their civil constitutions." — Vol. u, p. 284. The charter "conferred on the colonists," says Bancroft, "unqualified power to govern themselves. They were allowed to elect all their own officers, to enact their own laws, to admin ister justice without appeals to England, to inflict punishments, to confer pardons, and, in a word, to exercise every power, deliberative and active. The king, far from reserving a neg ative on the acts of the colony, did not even require that the laws should be transmitted for his inspection ; and no provision was made for the interference of the English government in any event whatever. Connecticut was independent except in name. Charles II. and Gar* endon thought they had created a close corporation, and they had really sanctioned a Democ racy." — Vol. n., p. 55. Trumbull intimates that they were early troubled with apprehensions of consolidation. He says: "One of the principal reasons which these colonists assigned for .their removing to Massachusetts was, that they should be more out of the way and trouble of a general Governor of New England, who, at this time (1638), was an object of great fear in all the planta tions." — (Vol. I., p. 96.) Professor Kingsley says : "Thefirst emigrants to Connecticut considered themselves under the jurisdiction of Massachusetts, till, after the settlement of three towns, they formed themselves into an independent body politic. The first planters of New Haven recognized in their acts no human authority foreign to themselves. They appear to have studiously avoided any mention of their native country, or any allusion to the ques tion of allegiance to the King of England. This matter they left to be determined afterwards, as circumstances should render a decision expedient or necessary." * * * " Soon after their arrival at Quinnipiac, at the close of a ' day of fasting and prayer,' they formed and subscribed what they denominated a 'plantation covenant.' By this instrument they engaged, ' that as in matters that concern the gathering and ordering of a church, so also in all 32 250 VIGILANCE OF DEMOCRACY. of sovereignty, and stood, as it were, the sentinels of Democracy, to guard the outposts of the Puritans. The vigilance of Democracy is ever in advance.. of its dangers.1 Its jealousies give birth to its securities, and its action per manency to possessions. When the people of Massachusetts began to dis cover new sources of enterprise in extension of territory,2 and safety in toleration, they ceased to be conservative for protection, and no longer delayed their public avowal of confidence in Democracy for progress. Con fident in principles, they looked for power in possessions. In their frequent controversies with the British government, its agents, and party adherents, they were not backward in declaring their rights, nor timid in expressing their opinions. Their controversies not only concerned their own interests, but interests which were common to all the other colonies. In most respects, what concerned one concerned all. Colonial public offices which concern civil order, as choice of magistrates and officers, making and repealing laws, dividing allotments of inheritance, and all things of like nature, they would all of them be ordered by the rules which the Scripture held forth to them.' " * * * " The government thus instituted was, in fact, a pure Democracy, professedly controlled by the great principles of justice and equity, as these principles are illustrated in the book of Revelation." * * * " Property was not required to constitute a voter. Personal char- actor, as developed in church-membership, was the only ground on which any individual was admitted to the exercise of political power." According to " the New Haven code, the clergy, so far from having any civil power, could not even perform the marriage ceremony, this being placed exclusively in the hands of. the magistrates. The church was organized on principles strictly independent, — a sort of spiritual Democracy, in which, if there were any lords, they were 'lords brethren.' " — See Kingsley's Hist. Discourse, 1838. How Connecticut acquired the reputation of an intolerant legislation, it is difficult to say. It is an error of early origin, and its injustice was asserted by intelligent writers more than a century ago. " It may be said, without fear of contradiction," says Professor Kingsley, " from any one who knows whereof he affirms, that no example can be produced, in the whole history of Christian nations, where a community unanimous in their religion, and urged by so many inducements to maintain it, have changed their laws, and made every concession desired, more promptly, fully and cheerfully, than the people of Connecticut." — (Hist. Dis., p. 51.) The colonial records of Connecticut fully justify the strong language of Professor Kingsley. .. i It is an interesting fact, and worthy to be noted, that Cradock proposed, as early as 1629, that "the chief government of the Plantation (of Massachusetts Bay), together with the patent, should be settled in New England." After several deliberate discussions (in Lon don), such a" removal was voted. That they feared opposition to such a movement, may be inferred from the circumstance that they were " desired privately and seriously to consider " the subject, " and to set down their particular reasons in writing pro et contra, and to produce the same at the next General Court." — See Young's Chronicles of Mass., p. 85. Another example of foresight and prompt action on the part of the Pilgrims, in 1624, was the case of " the minister, Mr. John Lyford, whom a faction of the adventurers send (accord ing to Gov. Bradford) to hinder Mr. Robinson." Lyford was suspected, watched, and detected in a correspondence adverse to the harmony of the colony. — lb., p. 20. 2 In 1639 " the government of Massachusetts," says Marshall, " induced by the rapidity with which the colony had attained to its present strength to form sanguine hopes of future importance, instituted an inquiry into the extent of their patent, with a view to the enlarge ment of territory." — Hist, of the Colonies, p. 108. RELIGIONISTS AND NOT POLITICIANS. 251 policy gradually became continental, and what commenced in the private circles of the church was transferred to the halls of legislation. Local parties, in respect to interest, were abated ; and Democracy began to unite its forces as a party of principle, in respect to freedom. Democracy had commenced the settlement of the continent ; it remained for Democracy to extend its principles and to defend them. The progress of Democratic principles, and the accumulating evidence of an organized party in America, were facts hardly perceptible to the conservatives of England ; and as they counted strength in numbers, they entertained no fears. Some prophesied, but no one believed. Some became accusers, but few doubted. Some looked for trouble, but no one predicted resistance. All knew of disputes, but no one anticipated rebellion.1 It is certainly to be regarded as a favorable circumstance to the cause of freedom, that the colonists were at first looked upon as religionists, rather than politicians ; and that they frequently had test questions, 'in respect to control, which neither secured the sympathy nor excited the hostility of the King, the Church, or the Parliament. Indeed, the colonists were early reported to government as intolerant conservatives, and but few could have indulged even in moderate apprehen sions that their excesses in claiming too much freedom were of any particular consequence anywhere. It was well understood that there Was no particular affection between the Stuarts and the colonists, and a mutual watchfulness between them was to be expected. The colonists were no admirers of monarchy, and they had given frequent occasions for suspicion that they favored republican tendencies. The existing relations between the Church of England and the Puritans were such as to promise no peace where power was in the process of accu mulation.2 Each party had its secret friends to report the doings of its 1 Jer. Dummer, who wrote " A Defence of the New England Charters," first published in 1721, in reply to apprehensions which had been expressed, "that their (the colonies') ' increasing numbers and wealth, joined to their great distance from Great Britain, will give them an opportunity, in the course of some years, to throw off their dependence on the nation, and declare themselves a free state, if not curbed in time, by being made entirely subject to the crown," — thus writes : " Whereas, in truth, there is nobody, though but little acquainted with these, or any of the northern plantations, who does not know and confess that their poverty and the declining state of their trade is so great at present that there is far more danger of their sinking, without some extraordinary support of the crown, than of their ever revolting from it. So that I may say, without being ludicrous, that it would not be more absurd to place two of his majesty's beef-eaters to watch an infant in the cradle, that it don't rise to cut its father's throat, than to guard these weak infant colonies to prevent their shaking off the British yoke. Besides, they are so distinct from one another in their forms of government, in their religious rites, in their emulation of trade, and conse quently in their affections, that they never can be supposed to unite in so dangerous an enterprise." — p. 72. * " Considering the subject from the historical point of view," says Bancroft, " it must be 252 INDEPENDENT CONSTRUCTION OF CHARTER. opponents; and both parties were subject to the, misrepresentations and exaggerations of zealous men, whose errors, if not in saying too much, could hardly be in saying too little. The people of Massachusetts did not hesitate to give that construction to their charter which promised most for their own good. They, had not been protected by a monarchy, — why should they be scrupulous in continuing its power 1 They had regarded themselves as the servants of God, — could it be expected that they would recognize a rival master in a king 1 1 If the king and Parliament complained of the assumption of power, the colonists stood upon the justice of their position. If the king asserted his preroga^ tive\ the colonists claimed that it was inconsistent with their freedom ; if he manifested a formal interest in their welfare, they appealed to principles ; if he expressed a paternal relationship, they were grateful for his condescen sion. Distance was an obstacle which rendered frequent communication impossible ; and while monarchy relied upon royalty in England, Democracy was building its home in the hearts of the people of America. From the first to the last, the colonists found in their charter sufficient authority to warrant the establishment of a separate government; and on no occasion did they consent to modify their views of construction, their con ceptions of duty, or neglect to embrace all proper opportunities for the improvement of their position. It was believed by some that no treaties should be made, except by the people,2 and it was claimed that the people alone should direct and distribute the executive, judicial and representative powers of the colony. Governors were publicly subjected to be questioned, advised and censured, by the people ; the ministers of the gospel were reminded of their errors, and magistrates of their duties. "The people were prized as the riches of -the country;" and the remark which was made in Parliament, in the time of George II., "that they who have no property have the strongest property in liberty," was a' truth well known and fully applied in practice. The people declared war against the Indians, and declined war against the Dutch. They enacted laws with a bold spirit, exercised ecclesiastical observed that the establishment of Episcopacy in New England, as the religion of the state, was impossible ; since the character of the times was a guarantee that the immense majority of emigrants would prove its uncompromising opponents." — Vol. I., p. 344. 1 " Submission," it was argued when it was proposed to alter the charter, 1683, " would be an offence against the majesty of Heaven ; the religion of the people of New England and the court's pleasure cannot subsist together." * * * " Better suffer than sin. It is better to trust the God of our fathers than to put confidence in princes." — See Bancroft, n., pp. 125, 126. 2 John Eliot, the benevolent apostle of the Indians, and author of "The Christian Com monwealth," a work condemned for its democracy, claimed for the people a voice in making treaties. — See Bancroft, vol. n., p. 72. PARTY PRUDENCE OF THE COLONISTS. 253 authority, coined money, and denied the right of appeal to the king1 and Parliament. Aristocracy was rebuked with fearlessness ; and, when spirits were too turbulent for discipline, they were summarily shipped to England. And yet, with such undisguised claims to authority, they based all their hopes in the Christian faith, technically honored their king, but bent the knee to none but God. ¦ But in their boldness the colonists were prudent. They well comprehended the loyalty of necessity, and made no impracticable attempts to hasten the growth of their plans. They avoided, as far as possible, all discussions that were of doubtful issue. They looked upon Parliament as an expensive friend ; and seldom honored that . body by petitions for favor, fearing that the obligation would be remembered to their damage, should their prayers be answered.2 To some things proposed by government they yielded, though not without an explanation of terms, and where there was no actual compromise of principle. The troubles and revo lutions of the parent country were studied, with a cautious participation in their causes, though not without fearful apprehensions, or pleasing anticipa tions, according to their wishes or their judgment, of their final issues. At all times respectful, they claimed with serious deliberation the full measure of their rights ; and at all times courteous, they declined obedience to requisi tions which they believed to be wrong. It may be truly said of them that they were graced with " the pride of submission, and dignity of obedience." They could receive the commissioners of the crown with all the ceremony due to their station, and yet impress them with a sense of their littleness, and the utter futility of their authority.3 They could ship a troublesome 1 It was accounted perjury and treason to speak of appeals to the king. — Burdett's Letter to Laud, 1637. a When some of the friends of Massachusetts, in England, suggested a petition in behalf of that colony to the Long Parliament, soon after its meeting, it was, at first, declined ; " on consideration," says Winthrop, "that if we should put ourselves under the protection of Parliament, we must then be subject to all such laws as they should make, in which course, though they should intend our good, yet it might prove very prejudicial to us." 3 In 1664, Charles II. issued a commission, empowering Richard Nichols and three others "to hear and determine complaints and appeals, in causes, as well military and civil as criminal, within New England, and to proceed in all things for settling the peace and security of the country." This commission was resisted by Massachusetts with extraordinary resolution, as a viola tion of their charter. The General Court " immediately resolved, in words," says Chalmers, " which show what impression the arrival of the royal officers had made, to bear true allegiance to his majesty, and to adhere to a patent, so dearly obtained, and so long enjoyed by undoubted right in the sight of God and man." A communication was made to the king, stating " the grievances of the colony with the force of men who feared that the power of the commissioners might be improved ' to the subversion of their all.' " And it concluded in this rapturous strain : " Let our government live, our patent live, our magistrates live, our laws and liberties live, our religious enjoyments live, — so shall we all yet have further cause to say, from our hearts, let the king live forever." The commissioners were not only openly opposed by proclamation, made by authority and . 254 PARTY PRUDENCE OF THE COLONISTS. governor home without contempt of the throne, and refuse to drink. his majesty's health and hear no breathing of treason. They could hunt the fugitive judges, who had assisted in sending royalty to the scaffold, with the earnestness of "hounds," and like "lobsters"1 succeed in finding them.2 preceded by the sound of trumpet, but they .were required, with great seriousness, to behave themselves with all proper respect for the laws. It is said that they were accustomed to enjoy themselves with a few friends at a tavern in Ann-street, Saturday nights. This was contrary to a law which required the strict observance of Saturday night as a part of the Lord's day. A constable attempted to break them up, but was beaten and driven off by Sir Robert Carr and his servant. Mason, another constable, immediately proceeded to the tavern ; but the party had gone to the house of a merchant near by. Mason went in, staff in hand, and reproached them for resisting an officer, and for such examples of immorality ; telling them it was well that they had changed their quarters, or otherwise he should have arrested them all. "What," said Carr, "arrest, the king's commissioners?" "Yes," answered Mason, " the king himself, had he been there." The democratic reception of the commissioners in America was the cause of amazement in England. "We are all amazed," said the chancellor (Clarendon), "you demand a revoca tion of the commission, without charging the commissioners with the least matter of crimes or exorbitances." Boyle echoed the astonishment : " The commissioners are not accused of one harmful thing, even in your private letters." "A century later," says Bancroft, " and there were none in England who did not esteem the commission an unconstitutional usurpation." — See Bancroft, n., p. 83; Chalmers' Annals, p. 387. The commission was not without its good results. It had a tendency to lead the colonists to settle differences at home, and to study their relations with England. Although some of the weaker colonies submitted with an apparent loyalty, the permanent effect of the commis sion was favorable to freedom. i See Pari. Deb., vol. iv., p. 635. 2 When the royal mandate was received by the Governor of Massachusetts requiring the apprehension of Whalley and Goffe, a feigned search was made for those unhappy men. A commission was given to Thomas Kellond and Thomas Kirk, two zealous young royalists, to go through the colonies, as far as Manhadoes, and make a careful and universal search for them. They proceeded with despatch as far as Hartford, where they were nobly entertained by Gov. Winthrop. He assured them that the judges made no stay in Connecticut, but went directly to New Haven. He gave them a warrant and instructions similar to those which they had received in Massachusetts. All was done with a show of promptness. They arrived next day at Guilford, and opened their business to Deputy Gov. Leet. They acquainted him that they had reasons for believing that the regicides were then in New Haven. They desired immediately to be furnished with powers, horses and assistance, to arrest them. The governor and the principal men of Guilford viewed the judges as among the excellent in the earth, and had no disposition to betray them. They found means to delay the officers until next day, when horses were furnished ; but the governor utterly declined giving them any powers before he had consulted his council. The judges were apprized of every transaction respecting them, and they and their friends took their measures accordingly. After meeting his council, the governor declared that they could not act without calling a general assembly of freemen. The officers complained, with earnest professions of loyalty, and said that his majesty would highly resent the concealment and abetting of such traitors and regicides. They demanded whether he and his council would own and honor his majesty. The governor replied, " We do honor his majesty, but have tender consciences, and wish first to know whether he will own us." After the officers had used their best skill to discover the fugitives, by watching and by searching houses, they gave up the pursuit. The whole business was managed by the governor and the people with admirable judgment, and, without any open disloyalty to TEMPER OF GREAT BRITAIN TOWARDS THE COLONIES. ' 255 They could beat the drum with respectful impunity in the presence of an unlawful officer who had been sent to rule over them,1 and immerse his majesty's commissioners in utter darkness without intending personal dis respect.2 Strangers were watched, and watches were set with prayer. New acces sions to the throne were declared with a discriminating convenience, and addresses of congratulation were alike tempered with uncompromising inde pendence and confident submission. To convey to the reader, in a few words, an adequate idea of the variety of disposition, power and temper, manifested by Great Britain towards the colonies during a long period of time, would be quite impossible. The most that can be attempted, in remarks which are but introductory to the political history of the United States, will be to give such connecting links as shall best serva to illustrate the continuity of Democratic principles in the American colonies before the period of the Revolution. his majesty, they succeeded in protecting their distinguished visitors. — See Trumbull's Con., i., p. 243. 1 Col. Benjamin Fletcher, Governor of New York in 1692, received a commission which was viewed by the colonists as entirely inconsistent with the charter rights and safety of the colonies. He was vested with plenary powers of commanding the whole militia of the prov inces. When he visited Hartford, and insisted on the command of the Connecticut militia, the Assembly not only refused consent, but Gov. Treat declined receiving a commission from him. " The train-bands of Hartford assembled," says Trumbull, " and, as the tradition is, while Capt. Wadsworth, the senior officer, was walking in front of the companies, and exercising the soldiers, Col. Fletcher ordered his commission and instructions to be read. Capt. Wads worth instantly commanded, ' Beat the drums !.' and there was such u, roaring of them that nothing else could be heard. Col. Fletcher commanded silence. But no sooner had Bayard made an attempt to read again, than Wadsworth commands, 'Drum, — drum, I say ! ' The drummers understood their business, and instantly beat up with all the art and life of which they were masters. 'Silence! silence!' says the colonel. No sooner was there a pause, than Wadsworth speaks, with great earnestness, 'Drum, drum, I say ! ' and, turn ing to his excellency, said, ' If I am interrupted again, I will make the sun shine through you in a moment ! ' He spoke with such energy in his voice, and meaning in his countenance, that no further attempts were made to read, or enlist men." — Vol. I., p. 393. 2 When Sir Edmund Andross, with his suite and a body of troops, visited Hartford, to demand the charter of Connecticut, the Assembly was in session. Tbe governor and Assembly had no disposition to treat their distinguished visitor with any disrespect, although they were keenly alive to the injustice of his mission. The important affair was debated and kept in suspense until the evening, when the charter was brought and laid upon the table, where the Assembly was sitting. By this time, great numbers of people were assembled, and men sufficiently bold to enterprise whatever might be necessary or expedient. The lights were instantly extinguished, and one Captain Wadsworth, of Hartford, in the most silent and secret manner carried off the charter, and secreted it in a large hollow tree, fronting the house of the Hon. Samuel Wyllys, then one of the magistrates of the colony. The people appeared all peaceable and orderly. The candles were officiously relighted ; but the patent was gone, and no discovery could be made of it, or of the person who had conveyed it away. — See Trumbull, vol. i., p. 371. 256 POLICY OF GREAT BRITAIN TOWARDS THE COLONIES. Although the political ' importance of America was not early seen by the English government, the political rights of the colonists soon attracted attention in England. The king complained that Protestants were banished to become republicans, and, though Puritans were hopeless subjects, he preferred them to rebellious ones. Still he saw nothing to fear, and but little to control ; and the influence of the crown alternated "between a liberal policy and a conservative one. National affairs at home were of more pressing importance, and the colonists were seldom noticed, except when , they were occasionally brought" forward for consideration by interested persons, who had a favor to ask, a complaint to make, or a jealous apprehen sion of danger to express. Fanaticism was sometimes watched -with a paternal feeling of mingled pity and vexation, and measures were ordered for regulating the Puritans in America with similar motives that orders at home were given for keeping the peace. A colonial system had not been conceived in England. When, however, it was discovered that the colonists were exercising an influence to unite in the defence of common interests, and that they freely expressed opinions favorable to a separate government, — the crown, doubtless moved by a disposition to rebuke assurance, commenced a conservative control. Liberalized charters were modified or cancelled, and the acts of government were directed with an evident purpose to prevent danger by recalling power that had been conceded, — "and the right to dictate was fully exercised by the king and the council. Still, with an utter indifference to principles, or profoundly ignorant of consistency in action, the English government- pursued, at the same time, a different policy with different colonies. .Each colony had its own peculiar conditions of existence and control : and perhaps no two of the whole number enjoyed the same degree of favor. HISTORY .OF DEMOCRACY. As it is a requisition of the author of the History of Democracy, that his name shall not be made public, .the publishers have deemed it proper to append some of the letters which have been received from distinguished gentlemen, who advised and enoouraged the preparation of the work, and who have confidence in his ability faithfully to execute so important a task. Extracts of a Letterfrom the late Bon. ' Washington, March Stli, 1849, Levi Wood bury, dated Dear Sir, — Understanding that you feel some in terest in an Historical work, relating to the principles and praotice of the Democratic party, I take the lib erty to say, that, in my view, such a work deserves decided encouragement. In proper hands, and with appropriate research and discrimination, it may throw important light on our national annals, and on tlie true character, tendency and influences of Republican principles on all govern ment, and on the sooial happiness and progress of the human race. * * * I am not aware of any person more likely to under take and to perform the above work satisfactorily than Hie author of the recent publication, — " The Republic of the United States of America." Respectfully, LEVI WOODBURY.* Hon. Edmund Bukke, Washington City. Letter from the Hon. Geokge M. Dallas, late Vice Presidtms of the United States, dated Philadelphia, May 10$, 1852. GentlBmen, — The History of. our Democracy, the first Number of which I have , been kindly permitted to examine; can not fail to attract universal attention and approval. It traces parties- up to their seminal principles with 'dear logic and philosophic candor; marks their divergences, ramifications, and steady tendencies, illustrated from all the past experienceof men and governments, with affluence, force, and in terest; — 8Bd vindicates, eloquently, in the true spirit of moral order and religion, the great cause of Hu manity's peace and progress. No nobler purposes oould animate tho writer; and this embodied result of ability, patient thought, elevated senttarehtvand labo rious research, entitle iim, in my humble judgment, to the grateful thanks of hie countrymen. I am, very respectfully, Gentlemen, Your most obedient servant G. M. DALLAS. Letter from the Ron. James Buchanan, of Perm., Man-hlSlh, 1862: ' - Gentlemen, — Learning that you are about to pub lish a History of the Democratic party, by the Author of " The Republic of the United States," it affords me pleasure to express to you my opinion of his qual ifications, for the performance of a task so important. I have been .well acquainted with, him for several • years, and- believe that he possesses patient and un- ". tiring industry, a sound and discriminating judgment in the investigation of facts, and the ability to present. them in a style clear, distinct, and interesting. I an ticipate asthe result of his labors, a -work containing much new and useful information. Which will be well calculated to make a most favorable impression on the country, and to strengthen and extend the power and influence of the Democratic party. Yours, very respectfully, JAMES BUCHANAN. Extract of a Letterfrom the Hon. William L. Marcy, dated Albany, May Wth, 1862. "Judging from the ability exhibited in 'The Re public of the United States of America,^ by the same author, published a few years since, it is reasonable to expect that the forthcoming work, ' The History of Democracy in the United States,' will be ofre of great interest, as well as of great usefulness, .in diffusing an Extract of a Letter from, Gen. Cass, dated Washing ton, March Uh, 1862. " I am glad to see that the History of the Democra cy of the United States is about to be put to press.. It is a work muoh wanted, and will fill a gap hereto fore existing in our political annals; and, from what I know of the objects and plan, as well as of the.talents and research of the Author, and of his attachment to the principles of the party, I have no doubt we shall have a history deserving the confidence and support of every Democrat." 1 LEWIS CASS. Letterfrom the Bon. John B. Welles, U. 8. Senator from California, dated Washington, May 10th, 1862. Gentlemen, — I understand that you are about to issue from your press, a work written hj» the Author of " The Republic of the United States of America," &c, under the title of " History of the Democracy of the United States." I beg leave to say, that I have had the pleasure of perusing a portion of this work iu manuscript, and_ have no hesitation in saying it will be found one of the most interesting publications of tlie age. The Author (already favorably known to the. public) has undoubtedly bestowed much time and attention to his subject, and in my opinion has treated it in a most masterly manner. ... No One can read his pages without increasing his attachment to democratic principles, nor can he fail to see that the maintenance of our free institutions depends upon sustaining them. He shows conclu sively, that they are inseparably connected with the happiness of the people,— that that democracy which constitutes the vital principle of one of the political parties of this country, is the principle, of progress, of law, of order, of civilization, — that principle' which extends our patriotism, liberalizes the feelings; ex pands the heart, and makes man what God intended he should be, bis noblest work,— that, if our govern ment rigidly adheres to these principles, it will be established upon an immovable basis, and fanaticism, whether it comes from the North or from the South, shall not prevail against it. The educated men of the country, who are. inst commencing their busy career upon the stage of Jife, will find this work of incalculable value, and, whilst they admire the beauty and simplicity of democratic principles as portrayed by the Author, they will not fail to discover, that the elevation of our race, the fraternity of the republic, depend upon their main tenance. ... ',..:, As a democrat sincerely devoted to the principles of his party, I commend this work to the confidence and patronage of my countrymen. I am, Gentlemen, very respectfully, Tour obedient servant, JOHN B. WELLER. I cheerfully unite with Senator Weller in the senti ments and opinions which he has expressed in his 16 May 16th, 1862. "' "' ' *%U HOUSTON. Extract of a Letter from the Hon. Robert J. Walker, dated Neil Tork, Sept. llth, 1850. In alluding to the " History of Democracy," jn which work he has evinced a deep interest, and said much to encourage the author to undertake, he says, " I promise myself a great treat when the work is finished. The task is great, but so will be the har vest of fame." accurate knowledge of our system cf government and ite beneficial effects, upon the welfare of mankind." Letters of similar import have been received from, other distinguished Democrats, from every sec tio^of Ae countiV; but their publication is deemed unnecessary. . ._ HISTORY OF DEMOCRACY IN THE UNITED STATES OF AMERICA: Embracing also a corfiplete review of the different Political Parlies, and of the measures adopted by the Colonies, and by the Government of the United States since the Declaration of Independence. It will necessarily embrace a great variety of Statistics, and it is the design of the author to render ii a standard reference book, in which may be found a record of the great political events of the country, fully authenticated and properly class ified. BY THE AUTHOR OF "THE REPUBLIC OF THE UNITED STATES OF AMERICA." This work will embrace all the great topics, which our people and government have discussed and decided, during a period of more than two hundred years. Tt will illustrate the origin, nature, and permanency of Democratic principles. It will be, in fact, a complete political history of the Gplonies and of our Republic, tracing the "unparalleled success of the latter to Demooxatic sources. It will not be speculative, but strictly a philosophical and popular history, based upon acknowledged facts. - The tendency of such a work will be to individualize the great Democratic Party; to give- it an identity of being which all will recognize and realize; to give it a high standard of. principle, senti ment, and action;- to create a common pride in the achievements of the past, and to give confidence in all that is to come. The glory of the Democracy may be seen. in the progress, and in the institutions of our country ; and a just and comprehensive view of the subject should embrace the character of men, measures, and results. A party that is advanced and sustained by the eternal principles of truth and justice, should have a common consciousness, a common object, a common strength, and a common pride. It should be able to know itself, and to have an abiding confidence in its own high destiny. An acquaintance with its acts, and with the master minds which have honored its ranks, will ac complish this great end. It will lead the Democrats to respect their party for what it has dope, and to respect consistency in themselves as its accountable members. It will secure ooncentration of thought and action, and give to all party movements an elevation of motive, and an efficiency which will render success as beautiful as it must prove uniformly certain. With a view to secure an extensive circulation, the work will be published in numbers. Each num ber will contain sixty-four royal octavo pages, with a fine engraved portrait, and be furnished at 25 cents per number. The work will be comprised in thirty numbers; and no labor or expense will be spared to render it worthy the subject, the object, and tjie great party whose principles it is dSMgned to develop and illustrate. "*** ¦ CASE, TIFFANY & Co., Publishers. Hartford, Conn., June 1, 1852. The first number will be published in July, 1852, and, after a lapse of a few weeks, the subsequent numbers will be issued at stated periods. £ty Agents for this work are wanted in the different States ; and applications, with references in regard to capacity, standing and responsibility, are solicited. THE SUBSCRIBERS HAVE IN PRESS AND WILL SOON ISSUE, A GAZETTEER OF THE UNITED STATES OF AMERICA. Comprising a concise general view of the United States, and particular descriptions of the several states, territories, counties, districts, cities, towns, villages, ibith the population according to the cen sus of 1850/ their mountains, valleys, islands, capes, bays, harbors, lakes, rivers, canals, railroads, Sec. ; with the governments , and literary and other pubhc institutions of the country; also *f» min eral springs, waterfalls, caves, beaches, and other fashionable resorts ; to which are, added valuable statistical tables, a map of the United States, coats of arms of the several states, and a fine steel portrait of the author. Compiled by John Hayward, author of the New England Gazetteer, and several other geographical and statistical works. The work will contain between 8 and 900 octavo pages in double columns, printed with a new and beautiful type cast especially for the work, on good paper and bound in full sheep in a neat and sub stantial manner. The work will be sold exclusively by subscription, and agents are wanted to circulate the book throughout all sections of the United Stages. For information in regard to agency address the pub lishers. CASE, TIFFANY & CO. Hartford, Conn. BY CASE, TIFFANY & CO., HARTFORD, CONN. COKTTE3KTTS. NO. 2. AMERICAN COLONIES. Political History, 65 Principles of Colonization, 65 Origin of the American Colonies, 73 The Puritans in England, 79 The Puritans in America, 85 Love of native land, 87 Political relations of the Puritans, 88 Instruction, not self aggrandizement, the object of Political History, 91 Democracy is no new system of modern times, . . 92 Contest for the greatest liberty, 93 The conditions of Rational existence, 95 Puritans' habits of application and prudence early established, 96 Formation of Character aided by external objects, 97 National Sovereignty, 98 Exercise of Equal Rights, 101 Equality is best commenced in Poverty, .... 102 Principles of integrity, , 105 Popular Education, 106 Legislation of the Puritans, 115 Colonial Governments, 125 ¦ i^> » NOTICE. In consequence of the illness of the author, the past summer, the third number of the History will not be published till January 1st, 1853. After that period, it is the design of the publishers to issue a number the first of every month. The first Embex£ishmeNts of the work will be portraits of the Presidentaof the United States, in successive order. Entered according to Act of Congress, in the year 1852, by CASE, TIFF AN Y & CO., in the Clerk's Office of the District Court of Connecticut. HISTORY OF DEMOCRACY. ,^. As It is a requisition of the author of the Histoht op Demoosaot, that his name shall not be made public, the publishers have deemed it proper to append some of the letters which have been received ftom distinguished gentlemen, who advised and encouraged the preparation of the work, and who have oonfldence in his ability faithfully to execute so important a task. Extracts of a Letterfrom the late Hon. Levi Wood- burt, dated Washington, March 8ft, 1849. Dear SiRy— Understanding that you feel some in terest in an Historical work, relating to the principles and practice of the Democratic party, I take the lib erty to say, that, in my view, such a work deserves decided encouragement. In proper hands, and with appropriate research and discrimination, it may throw important light on our national annals, and on the true character, tendenoy and influences of Republican principles on all govern ment, and on the social happiness and progress of the human race. # * * I am not aware of any person more likely to under take and to perform the above work satisfactorily than the author of the recent publication, — " The Republic of the United States of America." Respectfully, LEVI WOODBURY. Hon. Edmund Burke, Washington City. Letter from the Bim. George M. Dallas, late Vice President of" the United States, dated Philadelphia, May 10th, 1862. Gentlemen, — The History of our Democracy, the first Number or which I have been kindly permitted to examine, can not fail to attract universal attention and approval. It traces parties up to their seminal principles with clear logio and philosophic candor; marks their divergences, ramifications, and steady- tendencies, illustrated from all the past experience of men and governments, with affluence, foroe, and in terest;— and vindicates, eloquently, in the true spirit of moral order and religion, the great cause of Hu manity's peace and progress. No nobler purposes could animate the writer; and this embodied result of ability, patient thought, elevated sentiment, and labo rious research, entitle him, in my humble judgment, to the grateful thanks of his countrymen. I am, very respectfully, Gentlemen, Your most obedient servant, G. M. DALLAS. Letterfrom the Hon. James Buchanan, of Penn., March ISth, 1852. Gentlemen, — Learning that you are about to jiub-. Hsh a History of the Democratic party, by the Author of " The Republic of the United States," it affords me pleasure to express to you my opinion of his qual ifications for the performance of a task so important. I have been well acquainted with him for several years, and believe that he possesses patient and un tiring industry, a sound and discriminating judgment in the investigation of facts, and the ability to present them in a style clear, distinct, and interesting. I an ticipate as the result of his labors, a work containing much new and useful information, which will be well calculated to make a most favorable impression on the country, and to strengthen and extend the power and influence of the Democratic party. Yours, very respectfully, ' James buchanan. Extract of a Letterfrom (he Hon. William L. Marot, dated Albany, May 20ft, 18B2. " Judging from the ability exhibited in 'The Re public of the United States of America,1 by the same author, published a few years since, it Jf/easonable to expect tibat the forthcoming work ' The History of Democracy in the United States, will be one of great mterest as well as of great usefulness, in drftusmg an «Ste knowledge o?our system of govemmentand its beneficial effects, upon the welfare of mankind Letters of similar import have been recei^ tion of the country 5 Extract ¦of a Letter from Gen. Cass, dated Washing ton, March 6ft, 1862. " I am glad to see that the History of the Democra cy of the United States is about to be put lib press. It is a work much wanted, and will fill a gap hereto fore existing in our political annals; and, from what I know of the objeots and plan, as well as of the talents and research of the Author, and of his attachment to the principles of the party, I have no doubt we shall have a history deserving tiie confidence and Bupport of every Democrat." LEWIS CASS. Letter from- ike Hon. Johk B. Weller, U. B. Senator from California, dated Washington, May 10ft, 1862. Gentlemen, — I understand that you are about to issue from your press, a work written by the Author of " The Republic of the United States of America," &c, under the title bf " History of the Democracy of the United States." I beg leave to say, that I have had the pleasure of perusing a portion of this work in manuscript, and have no hesitation in saying it will be found one of the most interesting publications of the age. The Author (already favorably known to the pubhc) has undoubtedly bestowed much time and attention to his subject, and in my opinion has treated it in a most masterly manner. No one can read his pages without increasing his attachment to democratic principles, nor can he fail to see that the maintenance of our free institutions depends upon sustaining them. He shows conclu sively, that they are inseparably connected with the happiness of the people, — that that democracy which constitutes the vital principle of "one of the political parties of this country, is the principle of orogresSj of law, of order, of civilization, — that principle which extends our patriotism, liberalizes the feelings, ex pands the heart, and makes man what God intended he should be, his noblest work,— that, if our govern ment rigidly adheres to these principles, it will be established upon an immovable basis, and fanaticism, whether it comes from the North or from the South, shall not prevail against it. The educated men of the country, who are just commencing their busy career upon the stage of life, will find this work of incalculable value, and, whilst thev admire the beauty and simphcity of democratic they .will not principles as portrayed by the Author, Jail to discover, that the elevation of our race, the fraternity of the republic, depend upon their main tenance. ... As a democrat sincerely devoted to the principles of his party, I commend this work to the confidence and patronage of my countrymen. I am, Gentlemen, very respectfully, Your obedient servant, JOHN B. WELLER. I cheerfully unite with Senator Weller in the senti ments and opinions which he has expressed m his letter. Very truly. May 16th, 1852. SAM HOUSTON. Extract of a Letterfrom the Hon. Robert J. Walker, dated New York, Sept. 17ft, 1860. In alluding to the " Bistory of Democracy," in which work he has evinced a deep interest, and said much to encourage the author to undertake, he says, " I promise myself a great treat when the work is finished. The task is great, but so will be the har vest of fame." ved from other distinguished Democrats, from every see- but their publication is deemed unnecessary. HISTORY OF DEMOCRACY IN THE. UNITED STATES OF AMERICA; Embracing also a complete review of the different Political Parties, and of the measures adopted ly the Colonies, and by the Government of the' United States since the Declaration of Independence. It will necessarily embrace a great variety of Statistics, .and it is the design of the author to render it a standard reference' book, in which may be found a record of the great political events of the country, fully authenticated and properly class ified, BY THE AUTHOR OF "THE REPUBLIC OE THE1 UNITED STATES OF AMERICA," This work will, embrace all the" great topics," which our people and government have discussed and decided, during a period of more than two hundred years. It -will illustrate the origin, nature, and permanency of Democratic principles. It will be, in fact, a complete political history of the Colonies and of our Republic, tracing the unparalleled success of the latter to Democratic sources. It will not be speculative, but strictly a philosophical and popular history, based upon acknowledged facts. The tendency of such a work will be to individualize the great Democratic Party ; to give it an identity of being which all will recognize and realize; to give it a high standard of principle, senti ment, and action ; to create a common prido in the achievements of the past, and to give confidence in all that is to come. .."-.- The glory of the Democracy may be seen in the progress, and in the institutions of our country ; and a just and comprehensive view of the subject should embrace the character of men, measures, and results. A party that is advanced and sustained by the eternal principles of truth and justice, should have a common consciousness, a common object, a common strength, and a common pride. It should be able to know itself, and to have an abiding confidence in its own high destiny. An acquaintance with its acts, and with the master minds which have honored its ranks, wiU ac complish this great end. It will lead the Democrats to respect their party for what it has done, and to respect consistency in themselves as its accountable members. It will secure concentration of thought and action* and give to all party movements an elevation of motive, and an efficiency which will render success as Beautiful as it must prove uniformly certain. With a. view to secure au extensive circulation, the work will be published in numbers. Each num-. ber will contain sixty-four royal octavo pages, with a fine engraved portrait, and be furnished at ff&jft cents per number. . ""''*' The work will be comprised in thirty numbers; and no labor or expense will be spared to render it worthy the subject, the object, and the great party whose principles it is designed to develop and illustrate. CASE, TIFFANY & Co., Publishers. Hartford, Conn., June 1, 1852. Tbe first number will be published in July, 1853, and, after al apse of a few weeks, the subsequent numbers will be issued at stated periods; JJ^" Agents for this work are wanted in the New England States; and applications, with references in retard to capacity, standing and responsibility, are solicited. THE SUBSCRIBERS HAVE IN PRESS AND WILL SOON ISSUE, A . GAZETTEER OF THE .UNITED STATES OF AMERICA. Comprising a concise general view of the United States, and particular , descriptions of the several states, territories, counties, districts, cities, towns, villages, idtK the population according to the cen sus of 1830/ their mountains, valleys, islands, capes, bays, harbors, lakes, rivers, Canals, railroads, Sec. ; with the governments , and literary and other public institutions of the country; also its min eral springs, waterfalls, caves, beaches^ and other fashionable resorts; to which, are added valuab1^. statistical tables, a map of the United States, coats of arms of the several states, and a fine steel portrait of the author. Compiled by John Hayward, author of the New England Gazetteer^ and several other geographical and statistical works. - \ The work will contain between 8 and 900 octavo pages in double columns, printed with a new and beautiful type cast especially for the work, on good paper and bound in full sheep in a neat and sub stantial manner. The work will be sold exclusively by subscription, and agents are wanted to oirculate the book throughout all sections of the United States. For information in regard to agency address the pub lishers. CASE, TIFFANY &, CO. Hartford, Conn. PRICE 25 CTS. mwm of tig Miroofi ¦^K^®MhS>^'&" PUBLISHED BY CASE, TIFFANY & COMPANY, HARTFORD, CONN. OOKTTESNTS. > NO. 3. PERIODS OF PARTY, RESULTS OF PARTY PRINCIPLES, - - 129 THE POLITICAL PARTIES OF THE COLONIES, 131 THE SOURCES OF CIVIL POWER, ----- U2 EARLY SETTLEMENT OF THE AMERICAN COLONIES— Virginia, ---- --... . 146 South Carolina, 157 North Carolina, - - - 161 New York, ...... 162 New Hampshire, - ... 175 Georgia, -- ... ---179 TO POST MASTERS. According to a decision of the Post Master General, The History of Democ racy is rated as a Periodical. The postage to any part of the United States is 3 cents. Entered according to Act of Congress, in the year 1852, by CASE, TIFFANY & CO., in the Clerk's Office of the District Court of Connecticut. HISTORY OF DEMOCRACY. As it is a requisition of the author of the History of Democracy, that his name shall not bis;made, publio, the publishers have deemed it proper to append some of the letters which have been received from distinguished gentlemen, who advised and encouraged the preparation of the work, and/who have confidence in his ability faithfully to execute so important a task. Extracts of a Letterfrom ifte late Bon. Levi Wood- buky, dated Washington, March Sth, 1849. Dear SiRjggU^erstandhig that you feel some in terest in an3pSw|p$t " I am glad to see that the History of the Democra cy of the United States is about to be put to press. It is a work much wanted, and will fill a gap hereto fore existing in our political annals ; aiid, from what I know of the objects and plan, as well as of the talents and research of the Author, and of his attachment to the principles of the party, I have no doubt we shall have a history deserving the confidence and support of every Democrat." LEWIS CASS. Letterfrom the Hon. John B. Weller, U. S. Senator from California, dated Washington, May 10th, 1852. Gentlemen, — I understand that you are about to issue from your press, a work written by the Author of " The Republic of the United States of America," &c, under the title of " History of the Democracy of the United States." . I beg'leave to say, that I have had the pleasure of perusing a portion or this work in manuscript, and have no hesitation in saying it will be found one of the most interesting publications of the age. The Author (already favorably known to the pubhc) has undoubtedly bestowed much time and attention to his subject, and in my opinion has treated it in a most masterly manner. No one cau read his pages without increasing his attachment to democratic principles, nor can he fail to see that the maintenance of our free institutions depends upon sustaining them. He shows conclu sively, that they are inseparably connected with the happiness of the people,— that that democracy which constitutes the vital principle of one of the political parties of this country, is the principle of progress, of law, of order, of civibzation,— that principle which extenus our patriotism, liberalizes the feelings, ex- Sands the heart, and makes man what ' God intended e should be, his noblest work,- -that, if our govern ment rigidly adheres to these principles, it will be established upon an immovable basis, and fanaticism, whether it comes from the North or from the South, shall not prevail against it. • . The educated men of the country, who are just commencing their busy career upon the stage of life, will find this work of incalculable value, and, whilst they admire the beauty and simplicity of democratic principles as portrayed by the Author, they will not fail to discover, that the elevation of our race, the fraternity of the republic, depend upon their main tenance. . . , As a democrat sincerely devoted to the principles of bis party, I commend this work to the confidence and patronage of my countrymen. I am, Gentlemen, very respectfully, Tour obedient servant, JOHN B. WELLER. I cheerfully unite with Senator Weller in tie senti ments and opinions which he has expressed in his letter- Very ^Im WOTTSTOV May 16th, 1852. SAM HOUSTON. Extract of a Letterfrom the Hon. Robert J. Walker, J dated Neil York, Sept. HA, 1850. In alluding to the "History of Democracy," in which work he has evinced a deep mterest, and said much to encourage the author to undertake, he says, ' " I promise myself a great treat when the work is Jnterest as wen ¦ ,u -^ ";Y~rflovernmenrand finished The task is great, but so will be the har- ^Jl^Zffecl ^ upon tne weTfare^f mankind." vest of fame." S^^^^V0^t^e,T"d ftOT1 °ther diStiDSUiShed Dem°Crat3' fr°me^Se°- tion of the country ; but tbeir publication is deemed unnecessary. HISTORY OF DEMOCRACY IN THE UNITED STATES OF AMERICA: Embracing also a complete review of the different Political Parlies, and of the measures adopted by the Colonies, and by the. Government of the United States since ink Declaration of Independence, lt will necessarily embrace a great variety of Statistics, and it is. the design of the author to render it a standard sefeeence book, in which may befiriind a record of the great political events of the country, fully authenticated and properly class ified. * '' ' BY THE- AUTHOR: OP "THE REPUBLIC OF THE UNITED STATES OF AMERICA." This work will embrace all the great topics, which our people and government have discussed and decided, during a period of more than two hundred years. It will illustrate the origin, nature, and permanency of Democratic principles. It wi\l be, in fact, a complete political history of the Colonies and of our Republic, tracing the unparalleled success of the latter to Democratic sources. It will not be speculative, but stricfly a philosophical and popufftirhistory, based upon acknowledged facts. The tendency of such a work will be to individwilize the great Democratic .Party; to give it an identity of being which ah will recognize and realize ; to give it a high standard of principle, senti ment, and action; to create a common pride in the achievements of the past, and to give confidence in all that is to come. The glory of the Democracy may be seen in the progress, and in the institutions of our country ; and a just and comprehensive view of the subject should embrace the character of men, measures, and results. A party that is advanced and sustained by the eternal principles of truth and justice, should have a common consciousness, a common object, a common strength, and a oommon pride. It should be able to know itself, and to have an abiding cphfidenee in its own high destiny. An acquaintance with its acts, and with the master minds which have honored its ranks, will ac complish this great end. It will lead the Democrats to respect their party for what it has done, and to respect consistency in themselves as its accountable members. It will secure concentration of thought and action, and give to all party movements an elevation of motive, and an efficiency which will render success as beautiful as it- must prove uniformly certain. With a view to secure an extensive circulation, the work will be published in numbers. Each num ber will contain sixty-four royal octavo pages, with a fine engraved portrait, and be furnished 4$ 25 cents per number. i The work will be comprised in thirty numbers; and no labor or expense will be spared to render it worthy the subject," the object, .and the great party whose principles it is designed tp develop and illustrate. CASE, TIFFANY is Co.., Publishers. ¦ } Hartford, Conn., June 1, 1852. The first number will be published in July, 1852, and, altera lapse of a few weeks, the subsequent numbers will be issued at stated periods. ty Agents for this work are wanted in the New England States; and applications, with references in regard to capacity, standing and responsibility, are solicited. THE SUBSCRIBERS HAVE JUST ISSUED GAZETTEER OF THE UNITED STATES OF AMERICA, Comprising a concise general view of the United States, and particular descriptions of the several states, territories, counties, districts, cities, towns, villages, with the population according to the cen sus of 1850; their mountains, valleys, islands, capes, bays, harbors, lakes, rivers, canals, railroads, ifc. ; with the governments, and literary and other public institutions of the country; also its min eral springs, waterfalls, caves, beaches, and other fashionable resorts ; to which are added valuable statistical tables, a map of the United States, coats of arms of the several states, and a fine steel portrait of the author. Compiled by John Haywakd, author of the New England Gazetteer, and several other geographical and statistical works. . The work contains between 8 and 900 octavo pages in double columns, printed with a new and beautiful type cast especially for the work, on good paper and bound in full sheep in a neat and sub stantial manner. The work will be sold, exclusively by subscription, and agents are wanted to circulate the book throughout all sections of the United States. For information in regard to agency address the pub lishers. *¦ CASE, TIFFANY & CO. .'. Hartford, Conn. PRICE 25 CTS. Z&si i PUBLISHED BY CASE, TIFFANY & COMPANY, HARTFORD, CONN. OOnNTTESKTTSL NO. 4. AMERICAN COLONIES. MARYLAND, 193 SIR GEORGE CALVERT, 195 PENNSYLVANIA 204 WILLIAM PENN, - 205 NEW JERSEY, 208 QUAKERISM, - 211 DELAWARE, 216 CONDITIONS AND CONCESSIONS OP WILLIAM PENN, - - - 217 PENN'S FRAME OF GOVERNMENT, - - 225 LAWS FOR PENNSYLVANIA, AGREED UPON IN ENGLAND, - - 229 MASSACHUSETTS, CONNECTICUT AND RHODE ISLAND, - - 247 TO POST MASTERS. According to a decision of the Post Master General, The History of Democ racy is rated as a Periodical. The postage to any part of the United States is 3 cents. Entered according to Act of Congress, in the year 1852, by CASE, TIFFANY & CO., r1 ,;*' . in the Clerk's Office of the District HfiBI of Connecticut. 'Z' - HISTORY OF DEMOCRACY. As it is a requisition of the author of the History of Democracy, that his name shall not be made publio, the publishers have deemed it proper to append some of the letters which have been received from distinguished gentlemen, who advised and encouraged the preparation of the work, and who have confidence in his ability faithfully to execute so important a task. Extracts of a Letterfrom the late Bon. Levi Wood- . bury, dated Washington, March Sth, 1849. Dear Sib,— -Understanding that you feel some in terest in an Historical work, relating to the principles and practice of the Democratic party, I take the lib erty to say, that, in my view, such a work deserves decided encouragement. In proper hands, and with appropriate research and discrimination, it may throw important light on our national annals, and on tlie true character, tendency and influences of Republican principles on all govern ment, and on the social happiness and progress of the human race. * * * I am not aware of any person more likely to under take and to perform the above work satisfactorily than Uie author or the recent publication,— " The Republic of the United States of America." Respectfully, LEVI WOODBURY. Hon. Edmund Burke, Washington City. Letter from ike Hon. Geokge M. Dallas, late Vice President of the United States, dated Philadelphia, May 10th, 1862. Gentlemen,— The History of our Democracy, the first Number of which I have been kindly permitted to examine, can not fail to attract universal attention and approval. It traces parties up to their seminal principles with clear logic and philosophic candor; marks their divergences, ramifications, and steady tendencies, illustrated from all the past experience of men and governments, with affluence, force, and in terest; — and vindicates, eloquently, in the true spirit of moral order and religion, the great cause of Hu manity's peace and progress. No nobler purposes could animate the writer; and this embodied result of ability, patient thought, elevated sentiment^and labo rious research, entitle him, in my humble judgment, to the grateful thanks of his countrymen. I am, very respectfullj-j Gentlemen, Your mostJubedient servant, ^37M. DALLAS. Letterfrom the Hon. James Buchanan, of Penn., March 13ft, 1852. Gentlemen, — Learning that you are about to pub lish a History of the Democratic party, by the Author of "The Republic of the United States," it affords me pleasure to express to you my opinion of his qual ifications for the performance of a task so important. I have been well acquainted with him for several years, and believe that he possesses patient and un tiring industry, a sound and discriminating judgment in the investigation of facts, and the ability to present them in a style clear, distinct, and interesting. I an ticipate as the result of his labors, a work containing much new and useful information, which will be well calculated to make a most favorable impression on the country, and to strengthen and extend the power and influence of the Democratic party. Yours, very respectfully, JAMES BUCHANAN. Extract of a Letterfrom (he Hon. WrLHAM L. Makcy, dated Albany, May 2,0th, 1852. "Judging from the ability exhibited in 'The Re- oublic oTthe United States of America,' by the same juithor, published a few years since, it is reasonable to expect that the forthcoming work ' The H.story of Democracy in the United States,' wul be one of great interest, as well as of great usefulness, m diffusing an Extract of a Letter from Oen. Cass, dated Washing ton, March h(h, 1852. " I am glad to see that the History of the Democra cy of the United States is about to be put to press. It is a work much wanted, and will fill a gap hereto fore existing in our political annals ; and, from what I know of the objects and plan, as well as of the talents and research of the Author, and of his attachment to the principles of the party, I have no doubt we shall have a history deserving the confidence and support of every Democrat." LEWIS CASS. Letterfrom (he Hon. John B. Weller, U. S. Senator from California, dated Washington, May 10th, 1862. Gentlemen, — I understand that you are about to issue from your press, a work written by the Author of" The Republic of the United States of America," &c, under the title of " History of the Democracy of the United States." I beg leave to say, that I have had the pleasure of Eerusing a portion of this work in manuscript, and ave no hesitation in saying it will be found one of the most interesting publications of the age. The Author (already favorably known to the public) has undoubtedly bestowed much time and attention to his subject, and in my opinion has treated it in a most masterly manner. No one can read his pages without increasing his attachment to democratic principles, nor can he fail to see that the maintenance of our free institutions depends upon sustaining them. He shows conclu sively, that they are inseparably connected with the happiness of the people, — that that democracy which constitutes the vital principle of one of the political {>arties of this country, is the principle of progresSj of aw, of order, of civilization,— that principle which extends our patriotism, liberalizes the feelings, ex- Eands the heart, and makes man what God intended e should be, his noblest work, — that, if our govern ment rigidly adheres to these principles, it will be established upon an immovable basis, and fanaticism, whether it comes from the North or from the South, shall not prevail against it. The educated men of the country, who are just commencing their busy career upon the stage of life, will find this work of incalculable value, and, whilst they admire the beauty and simphcity of democratic principles as portrayed by the Author, they will not fail to discover, that the elevation of our race, the fraternity of the republic, depend upon their main tenance. As a democrat sincerely devoted to the principles of his party, I commend this work to the confidence and patronage of my countrymen. I am, Gentlemen, very respeotfully, Your obedient servant, JOHN B. WELLER. I cheerfully unite with Senator Weller in tlie senti ments and opinions which he has expressed in his letter. Very truly, May 16th, 1852. SAM HOUSTON. Extract of a Letterfrom the Hon. Robert J. Walker, dated New York, Sept. 17(h, 1850. "In alluding to the " History of Democracy?' in which work he has evinced a deep interest, and said much to encourage the author to undertake, he says, " I promise myself a great treat when the work is finished. The task is great, but so will be the har vest of fame." accurate knowledge oFour system of government and ita beneficial effects, upon the welfare of mankind. T »««-, nf similar import have been received from other distinguished Democrats, from every sec tion of The "country ; but their publication is deemed unnecessary. HISTORY OF DEMOCRACY IN THE UNITED STATES OF AMERICA: Embracing also a complete review of the different Political. Parties, and of the measures adopted by the Colonies, and by the Government of the United States since the Declaration of Independence. It will necessarily embrace a great variety of Statistics, and it. is the design of the author"to render ii a standard^ reference book, in "which may be found d record of the great political events of the country, fully authenticated and properly class ified. BY THE AUTHOR OF .' "THE REPUBLIC OF THE UNITED STATES OF AMERICA." This work will embrace all the great topics, which our people and government have discussed and decided, during a period of more than two hundred years. It will illustrate the origin, nature, and permanency of Democratic principles. It will be, in fact, a complete political history of the Colonies and of our Republic, tracing the unparalleled success of the latter to Demoeratio sources. It will not be speculative, but strietljr a philosophical and popular history, based upon acknowledged facts. The tendency of such a work will be to individualize i the great Democratic Party; to give it an identity of being which.all will recognize and realize; to give it a high standard of principle, senti ment, and action; to create a common pride -in the achievements of the past, and to give confidence in all that is to come. ' Tlie glory of the Democracy may be seen in the progress, and in the institutions of our country ; and a just and comprehensive view of the" subject should embrace the character of men, measures, and results. A party that is advanced and 'sustained by the eternal principles, of truth, and justice, should have a common consciousness, a common object, a common strength, and a common pride. It should be able to know itself, and to have an abiding confidence in its own high destiny.' An acquaintance with its acts, and with the master minds which have honored'fts ranks, will ac complish this: great end. It will lead the Democrats to respect their party for what it has done, and to respect consistency in themselves as its accountable members. It will, secure concentration of thought and action, and give to all party movements an elevation of motive, and an efficiency which will render success as beautiful as it must prove uniformly Certain. With a view" to secure an extensive circulation, the work will be published in numbers. Each num ber will cftntain sixty-four royal octavo pages, with a fine engraved portrait, and be furnished at 25 cents per number. The work will be comprised in thirty numbers; and no labor or expense will be spared to render it worthy the subject, the object, and the great party whose principles it is designed to develop and illustrate. CASE, TIFFANY & Co., Publishers. J. Haetpoed, Conn., June 1, 1852. The first number will be published in July, 1852, and, after a lapse of a few weeks, tbe subsequent numbers wiU be issued at stated periods. H3P*° Agents far this work are wanted in tbe New England States ; and applications, with references in regard to capacity, standing and responsibility, ore solicited. THE SUBSCRIBERS HAVE JUST ISSUED GAZETTEER OF THE UNITED STATES OF AMERICA. Comprising a concise general view of the United States, and particular descriptions of the several states, territories, counties, districts, cities, towns, villages, with the population according to the cen sus of 1850,- their mountains, valleys, islands, capes, bays, harbors, lakes, rivers, canals, railroads, fyc; with the governments, and literary and other public institutions of the country; also its min eral springs, waterfalls, caves, beaches, and other fashionable resorts; to which are added valuable statistical tables, a map of the United States, coats of arms of the several states, and a fine steel portrait of the author. Compiled by John Hayward, author of the New England Gazetteer, and several other geographical and statistical works. .,-: The work contains between 8 and 900 octavo pages in double columns, printed with » new and beautiful type cast especially for the work, on good paper and bound in full sheep in a neat and sub stantial manner. The work will be sold exclusively by subscription, and agents are wanted to circulate the "book throughout all sections of the United States. For information in regard to agency address the pub lishers. CASE, TIFFANY