Your constitutions have decreed that these magistrates may be dismissed at any period of the year whatever: but, give me leave to ask you, what actually is the spirit of this law (too timid, too weak, and too distrustful) since, under the present circumstances, your magistracy is but annual, and, cannot, consequently, prove dangerous to the cause of freedom? Attend to this point with especial care; or you will throw open a door to the intrigues of those competitors who may not have been returned at your elections: you will expose yourselves to cabals which may disturb your peace. May I take the liberty to assure you, that no circumstance is more dangerous than this divestiture of the magistrate, which cuts up the reciprocity of confidence by the roots? But lately, the Swedes perceived themselves extremely ill situated; and that despotic manner of treating the senators has proved one of the principal causes which sank the credit of the senate, and enfeebled the springs of the Swedish cnnstitution * . I must add, that this law, of which I complain, almost occasions me to suspect, even against my inclination, that, perhaps, the intention of each of your republics is, at least, in some degree, ill suited to its real interests. Wherefore (may I beg leave to ask you) do your republics wish at all times to have it in their power to dismiss the minister whom they may have deputed to Congress? I cannot guess the motive for this extraordinary procedure. For, it must seem extremely foolish that a state of the American confederation should fear lest its minister might either betray his country or desert its interests. Is it possible that the least disinclination could arise against conforming to the views of an assembly of which the first, or, rather, the only duty is exclusively to attend to the general interest of the nation? Such a conduct would betray a gross ignorance of the nature of this august assembly; would tend to confound it with those congresses which sometimes assemble in Europe, in order to terminate the difference of several adverse powers, who do not aim at reonciliation but by deceiving each other as much as possible; and who only seek, by a patched-up peace, to husband for themselves some particular advantage against the breaking out of the next war. What, then, is the spirit of this law? Your enemies will remark that the United States of America have reserved to themselves only from ambitious views the right of arbitrarily recalling their ministers at the Congress. Should these deputies not prove sufficiently practised, subtle, fallacious and obstinately-persevering to secure a prevalence for their opinions, the republics chuse, at all periods, to enjoy the power of supplying their places by successes more experienced, more able to maintain an ascendancy over their colleagues, to give weight and full efficacy to their advice, and to establish a preponderating power in an association which can only prove useful, or even exist within a state of perfect equality. False, shameful and fatal politics! They would lead to the idea of tracing out in America the same ambition which, formerly, destroyed the Amphictionic council. From the moment that corruption had made it the centre of intrigues and of cabals, Greece lost the ability to reunite her powers. Philip of Macedon governed within it, and all the Greeks were stripped of freedom.
Let the United States derive instruction and advantage from this important lesson! Let the first article in their commands to their delegates be to labour only at the conciliation of varying dispositions, and at the task of drawing into one great point the whole of their respective interests! Let them even order them to make sacrifices for the benefit of peace and concord! It is by this beneficent and liberal line of politics, which all nations ought to adopt, that the allied people may, from time to time, render their alliance more binding and more serviceable. In a word, it is of importance to the particular welfare of each republic, that no inclination to govern in the Congress should ever struggle for the prevalence; but, on the contrary, that every point should manifest a zealous determination to submit to the views and resolutions of a body which embraces the general interests of the confederation. If my remarks are just, far from endeavoring to diminish the credit of the Congress, you ought to labour at the augmentation of its authority. Menaced with those troubles, divisions and disorders (to which I have before alluded) you cannot dispense with a supreme magistracy, the power and aid of which must either totally prevent or check their progress; nor is it possible for you to repose this supreme magistracy with more security than in a body consisting of the most respectable and praise-worthy citizens from every state.
This object is too important not to justify the continuance of my remarks. I must intreat the favor of you particularly to attend to the observation, that the Americans, having their professions, their rights, their fortunes and their manners, and, of course, their different modes of studying and following up their various interests, it is impossible but that the divers passions resulting from this mass of circumstances, must raise and introduce complaints and murmurs. The parties growing acrimonious, much altercation may arise; and hence will follow fatal troubles, if, instead of being stopped, at the outset of their career, they should become permitted secretly to ferment, amidst the violence of cabals and of intrigues. What outlets, what drains (if I may venture on the expression) have you prepared for these humors, in order that their fermentation may not occasion a mortal malady in the body of society? Should the citizens, who may imagine that they have just reason to complain, prove destitute of any legal means to gain a proper hearing, most certainly, they will not fail to set restrictions at defiance; and, with unbridled heat, rush forward to the last extremities. On this account, the most discerning politicians have much applauded the establishment of the tribunes under the Roman republic. The people, sure of meeting with protectors, confided to them the care of all their interests; and these popular magistrates were themselves under the necessity of keeping within a guarded line of conduct throughout the execution of their trust. For this purpose, did they adhere to rules and measures, which hindered them from proceeding with that ungovernable rashness from which the multitude are seldom free. The treatise of the laws, by Cicero, at once discovers the salutary nature of the establishment of these magistrates. But, would it not prove dangerous to attempt to introduce an order of this kind amongst yourselves? Yours are not the manners of the earlier Romans; and I should dread lest your tribunes might resemble those who formed a part of government, during the last stages of the Roman power; and whose seditious tempers occasioned them to sacrifice the republic to the interests of their passions. With you, the authority of the Congress must supply the place of tribunes, provided that you give to this assembly the form and credit which it ought to hold. The rich, when they perceived a body impowered to sit in judgment upon their actions, would prove guarded in their enterprises; and the people would, certainly, feel less disquiet and suspicion. The hope of re-establishing the Stadtholdership prevented the malcontents of the Low Countries from giving loose to all the violence of party. In like manner, either the hope or fear of a juridical decision would calm the ragings of sedition in America. Should your malcontents observe themselves precluded from all opportunities of presenting any remonstrances, except such as they might address either to the legislative body, or to the magistrates invested with the executive power, they must experience the fate of the complainants at Geneva * , and despair will drive them into the adoption of the most violent resolutions. I perceive but one actual resource in favor of the Americans; and this must flow from the erection of the continental Congress into the official dignity of a supreme court of judgment, for the purpose of investigating and positively settling all the differences which may arise between the several orders of citizens belonging to the United States. Why should your legislators object to such arrangements, when they have already granted to this tribunal that most important prerogative of examining and adjusting the disputes which may arise between your republics, with respect to their territories, or any other object whatsoever * ? They did not regard it as a derogation from either their sovereignty or their independence, when they yielded up to Congress the sole right of treating with all foreign powers; and even submitted to an exclusion from the privilege of entering, without its approbation, upon particular conventions. Were the rich to refuse obedience to the law which I beg leave to recommend, their conduct must be considered as a certain sign of their already having formed some project for the gratification of either their vanity or their ambition. I cannot avoid believing (and, indeed, my hopes carry me to this point) that should they feel a firm persuasion that my fears are not chimerical, they will perceive with pleasure a power arising, under your confederation, to favour systems of equality; to preserve the chief class of citizens from an ambition which, otherwise, must end in their destruction; and to shield the lower orders from that miserably-abject situation, the counterblow of which must shortly strike, in spite of all their efforts, against the opulent.
As it is impossible that your Amphictionic council should pervert power to unbecoming uses, it follows that it cannot be invested with too large a share. It is not in the nature of the human heart that individuals, possessing but a transient kind of magistracy, and under the obligation of shortly returning to their usual abodes, and mingling, without distinction, amongst their fellow-citizens, should concert projects for usurpation and for tyranny. How is it possible that the delegates of several provinces, far distant from each other; delegates but little acquainted, and, often, unconnected with their fellow-members, could so far feel themselves emboldened by the supposition of the existence of a mutual reliance, as to dare to conspire together in concert, and meditate the project of enslaving the confederation? I know that liberty should have its doubts and its inquietudes. But, it should, also, remain firm, collected and free from all chimerical apprehensions. By what singular caprice of fortune could the thirteen United States elect a whole set of miscreants to represent them? . . . . . A second miracle! How could they understand each other? How could they preserve alive one undivided interest? How could they prevent their views and measures from rising in opposition to each other?
Upon this subject, I have, perhaps, expatiated too much. I ask your pardon. But, all the Americans (and, for these, I write) have not your elevated understanding. May I, therefore, beg leave again to examine the law by which your republics have resolved annually to send new delegates to Congress? Almost as much should I approve of ordinances enjoining them not to act rationally, on any occasion whatsoever. Previous to the period at which these fresh magistrates might have begun to know something of each other, to discover their respective pursuits, and to understand their object, their useless magistracy will expire. If you, indeed, dread the introduction, amidst your states, of fixed and constant principles of administration, you cannot, possibly, establish a better rule. Who shall answer for it that the Congress of the succeeding year will not annul and rescind all the decrees and resolutions of the present? One able, experienced, violently-persevering, and eloquent individual will overset the whole fabric of your systems. You expose yourselves to all the inconveniences experienced by the English, who change their manners, their proceedings, and their politics with every reign, and even with every new administration; so that, in time, they know not either what they do, or what they want to execute, or what they can perform. Amidst this fluctuation, they dare not confide in government; and thus, the spirit of intrigue prevails with a redoubled force and efficacy.
I could with that the magistrates, invested, amidst your republics, with the executive power, might remain longer in their places than the present laws in being will permit them * ; and that, in this respect, the regulations of the Pennsylvanians might be carried into a full accomplishment. Upon the same ground, I should actually rejoice to find that the delegates of the continental Congress were to possess, at least, during the space of three years * , their magistracies; and that this august assembly, by the aid of that succession which Pennsylvania has established in the executive power, may never cease to renew itself, and yet retain the same maxims. Every year, the new magistrates, instead of carrying thither their own crude notions and visionary schemes, will become impregnated with the spirit of their predecessors. Soon, the administration of affairs will move forward upon a set of constant principles; and the government will acquire a decided character. You will not then experience that fatal uncertainty which agitates and disturbs the citizens who, at a loss on whom or what to place their confidence, are incapable of attaching themselves to their country; and, even in despite of their own nature, give loose to a variety of pernicious projects. Assure yourself that the model of wisdom which the assembly of the Congress will afford can never prove unserviceable to the particular magistrates of your republics. Then, should the American confederation (as I have too much reason to fear) become drawn down, or pushed forward, by their commerce, into a state of aristocracy, the alteration will take place insensibly, without violence and without convulsion. Humouring by degrees the pretensions of the rich, they will not cease to protect the rights of the poor. Custom will establish that species of accommodation which it is not possible for the laws irrevocably to fix, but which habitude will render tolerable; and, at length, consecrate. The poor, no longer vexed and harrassed, will become naturalised to their fate; subordination will no more hurt the feelings of the mind; and the people, continuing in a state of ease, will imagine that the distinctions which the rich enjoy are legally their right.
I could wish, also, that, at the expiration of every tenth or twelfth year, you should celebrate, as your most solemn festival, the anniversary of your independence; the day when you declared yourselves emancipated from the yoke of England. Having returned thanks to the SOVEREIGN MASTER OF THE UNIVERSE for those favors which he has vouchsafed to heap upon you, let the liveliest transports prevail through every quarter of the confederated states! Let illuminations, rejoicings, public sports, games and dances call every citizen to pleasure! Let the magistrates, let the opulent mix indiscriminately with the multitude! At these kinds of Saturnalia, let the great exhibit, by their conduct, the image of equality! Let the people there learn to love their country and their superiors! On this very day, let the ambassadors of each republic celebrate, in full pomp, your confederation and perpetual union in Congress! May GOD sanctify their protestations and their oaths! and may this solemn act become enrolled, amidst the ceremonies of religion, in all the churches of your different communions! May the members of Congress, at length, yielding up their places to the ambassadors who represent the sovereigns, do homage to that power of which they only are the ministers; and, in the presence of the people, appealing to the ALMIGHTY, swear inviolably to respect and to administer the laws; to defend the union, and never, in all their resolutions and decrees, to wander in the least from justice! We have senses on which it will be requisite to strike most forcibly, in order to impart additional respect and brilliancy to those truths of which we stand in need, and which the multitude are incapable of comprehending.
I feel the utmost reason to conclude that your United States, examining, amidst the calm of peace, your laws and your situation, will, by the introduction of the happiest measures, repair, and make amends for, every inadvertency into which your earliest legislators may, unavoidably, have fallen. During the moment in which a revolution, as important and as extraordinary as your own, breaks forth, it is impossible that, in the midst of fears, alarms, long-rooted prejudices, and a thousand fresh passions, the human mind should seize on abstract truths, throughout their whole extent, and acquire the art of so managing their arrangement, that they may render laws more truly beneficial. You are proceeding upon reforms, wheresoever they may appear wanting; and these are points of which you cannot, possibly, too much accelerate the accomplishment. Errors, through the lapse of time, acquire a sanction. Avail yourselves, therefore, of the present moment, in which commerce has not infected the rich with ideas of ambition and of vanity; and, in which, also, the cultivators of your lands, relying upon the perpetual stability of your laws, do not even suspect that any project can take place, to render them the victims of oppression. Should those quarrels, which have so greatly raised my fears, break out previous to the completion of all your legislatives views, the opportunities of applying remedies to the evil will, probably, escape, beyond redemption. Then, will it prove necessary to rest contented with some palliatives, which will appear, gradually, to calm the mind, but, which, not offering a certainty of ease, must expose the state to a variety of relapses, progressively increasing in misfortune; the last more wretched and alarming than the former.
Should domestic dissentions arise, in either of the United States, before the citizens may have found, amidst their constitutions, a manner, a mean of terminating them, either upon principles of cordiality, or by the rules of justice, you cannot avoid discovering that the opposing parties will have nothing to offer to each other, except words and promises; and that it is not possible to build, on the fragility of such foundations, a lasting peace. A general distrust must predominate amidst all parties. The one will hope to mix, hereafter, more artful caution with their conduct; and the others will regard the former with that suspicious attention which quickly grows terrified, and construes all into misfortune. Then will the peace become broken. But, who can promise that, at such a period, the worthy and the well-inclined can gain a patient hearing? Amongst the people the spirit of sedition is contagious. Perhaps, even some of the rich, seduced by particular considerations, will betray the cause of aristocracy, whilst the most violent disputes may prevail amidst the meetings of the multitude. Reciprocal injuries will take place; and hatred, perpetually unjust and perpetually blind, at length, decide upon the state of the republic.
It would but ill avail to entertain a flattering hope that some neighboring state, desirous of adjusting these disputes, should step forward, and, by an amicable interference, bring back tranquility and peace. Such mediators will not themselves escape suspicion; and the democratical party, far from regarding them with an eye of confidence, will consider them but as men jealous of the rights and privileges of aristocracy. If, under such circumstances, the Congress, not vested with an authority superior to that of which they are, already, in possession, were to send deputies, to effect a re-conciliation, and re-establish harmony and friendship, is it natural to imagine that the dissenting parties would listen even to these with more reliance and respect? On the contrary, will they not perceive that this body is composed of the most leading and opulent men in the confederation, and take from this circumstance their motives for distrusting them, and even for accusing them of being more inclined to favor the pretensions of the rich than the rights and immunities of the people? Not being established judges, under the forms and sanctions of the laws; not appearing with all the majesty and ceremonials of an ancient and revered tribunal (a tribunal of which the decrees are equally beloved and feared) they can only offer to the suffering complainants the interposition of their good offices. Feeble resource! Fresh troubles will arise: and from the moment that the parties become once duped, they will withdraw their considence for ever.
But, I expatiate too much upon the subject; and shall rest satisfied with observing that our European manners which, probably, are, at this period, too common in America, will enable money (or, in other words, the rich) to usurp and to maintain an absolute dominion throughout the several states. To prevent it from striking root, some weak and feeble efforts will arise; and, perhaps, it may not prove impossible, by a multitude of precautions, to prevent this empire from becoming actually tyrannical. If feeble laws have not the power to hinder the commercial bodies from seizing upon all authority; if the public morals present no succors to the people; but, strive, in vain, to set some limits to the rage of avarice, I must tremble at the prospect of the final rupture of all the bonds of your confederation. Trading magistrates will fix the impression of their own characters upon the republic: all the United States will follow commerce; and these occurrences will sow the seeds of your divisions and of the ruin of the continental Congress. Tainted by our vices, you, shortly, will receive a similar infection from our politics. Each of your states will imagine that every wound given to the commerce of the rest must prove the augmentation of the prosperity of its own. Thus domineering and ridiculously foolish is the passion of avarice! It will persuade you to wage hostilities in order to increase your opulence. You will become a kind of Carthage, at once warlike and commercial; and your ambition, grafted upon covetousness, will strive to play the tyrant over all the neighboring states; to treat them as subjects; perhaps, even as slaves. A rival power will start up in order to resist it. You will adopt our delusive political balance. Your treaties will sink beneath infringements; your alliances become precarious and wavering; and all your states forget their interests, to mingle in the chace of wild chimeras.
This is too much: and I should tire you by heaping proofs on proofs in favor of the justice of my fears. You know (too well for me to make the observation) that all history would come to my support. I might describe in what manner our vices are inseparably connected with each other; yet I should not submit the slightest novelty to your attention. To truths like these are you familiarised: the consequence of a profound investigation of the human heart! No person can interest himself more than I do in the prosperity of your infant freedom, and the glory of your legislators; who may defy the language of reproach, should they convince the world that they have discovered all the rocks on which republics might be dashed away, and struggled to oppose a full resistance to that fatality which seems to have drawn out the limits which the affairs of human life can never pass. I offer up to Heaven my most ardent prayers for your prosperity! And, Sir! let me intreat you never to forget the protestations which I make you of my zeal for your interests, of my respect and my attachment?
Page 21. The form of trials by juries; a process that includes all which the wisdom of man could have devised to establish, between the powerful and the weak, a kind of equality, or (to speak in clearer terms) an actual equality. . . . All the American constitutions have established this; but, none in a more liberal and spirited stile than that of New Jersey:
“The inestimable right of trial by jury shall remain confirmed, as a part of the law of this colony, without repeal, for ever. ”
Page 35, line 12, read “ emotion. ”
Page 120, the last line, read “a dominion the most absolute, it, undoubtedly. ”
Page 124. “ Not excluded from all public offices. ” . . . . Concerning this matter, the constitutions (as established in 1776, 1777 and 1778) of New Hampshire, Massachusets, Rhode-Island, Connecticut, New Jersey, and Pennsylvania appear (if I mistake not) to have remained silent. Others are extremely pointed on the subject: not, indeed, with respect to the privilege of voting; but, as far only as relates to their exclusion from civil employments.
“Whereas the ministers of the gospel are by their profession dedicated to the service of GOD and the cure of souls, and ought not to be diverted from the great duties of their function: therefore, no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, shall, at any time hereafter, under any pretence or description whatever, be eligible to, or capable of holding any civil or military office or place, within this state.”
“No clergyman, or preacher of the gospel, of any denomination, shall be capable of holding any civil office in this state, or of being a member of either of the branches of the legislature, while they continue in the exercise of the pastoral function.”
“All ministers of the gospel, of every denomination, shall be incapable of being elected members of either house of assembly, or the privy council.”
“No clergyman, or preacher of the gospel, of any denomination, shall be capable of being a member of either the senate, house of commons, or council of state, while he continues in the exercise of his pastoral function.”
“Whereas the ministers of the gospel are, by their profession, dedicated to the service of GOD and the cure of souls, and ought not to be diverted from the great duties of their function; therefore, no minister of the gospel, or public preacher, of any religious persuasion, while he continues in the exercise of his pastoral function, and for two years after, shall be eligible either as governor, lieutenant-governor, a member of the senate, house of representatives, or privy council, in this state.”
“No clergyman, of any denomination, shall be allowed a seat in the legislature.”
Page 128. Perhaps, toleration may extinguish the spirit of controversy.
Let the liberal reader, in whose breast the wretched impulse of narrow bigotry and of remorseless persecution has never entered, determine whether the prohibitory clause, at the conclusion of the thirty-seventh article of the constitution of New York, be not intolerance sufficient!
“It is the right as well as the duty of all men in society, publicly, and at stated seasons, to worship the Supreme Being, the Great Creator, and Preserver of the Universe ! And no subject shall be hurt, molested, or restrained in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship. ”
Does not the close of the preceding article sufficiently prevent toleration from running to a reproachable excess?
“The constitution (of Connecticut) admits not of religious establishments any farther than depends upon the voluntary choice of individuals. All men professing one SUPREME BEING are equally protected by the laws, and no particular sect can claim pre-eminence.”
“No person shall ever within this colony be deprived of the inestimable privilege of worshipping ALMIGHTY GOD in a manner agreeable to the dictates of his own conscience; nor under any pretence whatever be compelled to attend any place of worship, contrary to his own faith and judgment; nor shall any person within this country ever be obliged to pay tithes, taxes, or any other rates, for the purpose of building or repairing any other church or churches, place or places of worship, or for the maintenance of any minister or ministers, contrary to what he believes to be right, or has deliberately or voluntarily engaged to perform.”
“There shall be no establishment of any one religious sect of this province, in preference to another; and no protestant inhabitant of this country shall be denied the enjoyment of any civil right, merely on account of his religious principles; but, all persons, professing a belief in the faith of any protestant sect, who shall demean themselves peaceably under the government as hereby established, shall be capable of being elected into any office of profit or trust, or being a member of either branch of the legislature; and shall fully and freely enjoy every privilege and immunity enjoyed by other their fellow-subjects.”
“All men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understanding: and that no man ought, or of right can be compelled to attend any religious worship, or maintain any ministry, contrary to, or against his own free will and consent: nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments, or peculiar mode of religious worship.”
“All persons professing the Christian religion ought for ever to enjoy equal rights and privileges in this state, unless, under colour of religion, any man disturb the peace, the happiness, or safety of society. ”
Surely, this restraint is, also, sufficient in any opinion, not criminally tainted by a passion for intolerance!
“There shall be no establishment of any one religious sect in preference to another.”
“As it is the duty of every man to worship God in such manner as he thinks most acceptable to him, all persons professing the Christian religion are equally intitled to protection in their religious liberty; wherefore no person ought, by any law, to be molested in his person or estate, on account of his religious persuasion or profession, or for his religious practice; unless, under colour of religion, any man shall disturb the good order, peace, or safety of the state, or shall infringe the laws of merality, or injure others in their natural, civil, or religious rights. ”
“There shall be no establishment of any one religious church or denomination in this state in preference to any other; neither shall any person, on any pretence whatsoever, be compelled to attend any place of worship contrary to his own faith or judgment . . . but, all persons shall be at liberty to exercise their own mode of worship . . . . provided that nothing herein contained shall be construed to exempt preachers of treasonable or seditious discourses from legal trial or punishment. ”
“All persons whatever shall have the free exercise of their religion, provided it be not repugnant to the peace and safety of the state. ”
Page 132. Since (South) Carolina permits every wild reformer of twenty-one to aspire to this honor (of becoming the chief of a sect) by having recourse to the imagination and the ignorance of fourteen as infatuated as himself, she may rest assured that, instead of being limited to one natural religion, she shall become surrounded by enthusiasts and fanatics.
Might I venture to dissent from the opinions of so celebrated a politician as Abbé de Mably, I should insinuate that “the legislators of South Carolina have not wandered more than all others from the principles to which a sound policy will adhere, whensoever a necessity arises for tolerating a number of religions.” But, if his arguments can invalidate the passages which follow (passages descriptive of the inflexible, yet gentle spirit that gives religious liberty the virtuous plenitude of its career, and, with the same decisive hand, draws out a boundary to check its criminal eccentricities) I should prove guilty of the most unpardonable presumption, by endeavouring to oppose them.
“All persons and religious societies, who acknowledge that there is one God, and a future state of rewards and punishments, and that God is publicly to be worshipped, shall be sreely tolerated. The Christian protestant religion shall be deemed, and, is hereby constituted and declared to be the established religion of this state. All denominations of Christian Protestants in this state, demeaning themselves peaceably and faithfully, shall enjoy equal religious and civil privileges. To accomplish this desirable purpose, without injury to the religious property of those societies of Christians which are by law already incorporated for the purposes of religious worship; and to put it fully into the power of every other society of Christian Protestants, either already formed, or hereafter to be formed, to obtain the like incorporation, it is hereby constituted, appointed, and declared, that the respective societies of the church of England, that are already formed, in this state, for the purposes of religious worship, shall still continue incorporate, and hold the religious property now in their possession. And whenever fifteen or more male persons, not under twenty-one years of age, professing the Christian protestant religion, and agreeing to unite themselves in a society, for the purposes of religious worship, they shall (on complying with the terms herein after mentioned) be, and be constituted, a church, and be esteemed and regarded in law, as of the established religion of the state, and, on a petition to the legislature, shall be intitled to be incorporated and to enjoy equal privileges. Every society of Christians so formed, shall give themselves a name or denomination by which they shall be called and known in law; and all that associate with them for the purposes of worship, shall be esteemed as belonging to the society so called: but, previous to the establishment and incorporation of the respective societies of every denomination, as aforesaid, and, in order to intitle them thereto, each society, so petitioning, shall have agreed to, and subscribed in a book, the following five articles, without which, no agreement of union of men, upon pretence of religion, shall intitle them to be incorporated, and esteemed as a church of the established religion of this state.
“First, That there is one eternal God, and a future state of rewards and punishments. ”
“Second, That God is publicly to be worshipped. ”
“Third, That the Christian religion is the true religion. ”
“Fourth, That the Holy Scriptures of the Old and New Testament are of divine inspiration, and are the rule of faith and practice. ”
“Fifth, That it is lawful, and the duty of every man, being thereunto called by those that govern, to bear witness to the truth. ”
“Every inhabitant of this state, when called to make an appeal to God, as a witness to truth, shall be permitted to do it in that way which is most agreeaable to the dictates of his own conscience.”
“Every minister, chosen by an established church or society, shall first subscribe the following declaration, over and above the aforesaid five articles:
“That he is determined, by GOD’s grace, out of the holy scriptures, to instruct the people committed to his charge, and to teach nothing (as required of necessity to eternal salvation) but that which he shall be persuaded may be concluded and proved from scripture: that he will use both public and private admonitions, as well to the sick as to the whole within his cure, as need shall require, and occasion shall be given; and that he will be diligent in prayers, and in reading the holy scriptures, and in such studies as help to the knowledge of the same; that he will be diligent to frame and fashion his own self and his family according to the doctrine of Christ, and to make both himself and them, as much as in him lieth, wholesome examples and patterns to the flock of Christ; that he will maintain and set forwards, as much as he can, quietness, peace and love amongst all people, and especially among those that are or shall be committed to his charge.”
“No person shall disturb or molest any religious assembly, nor shall use any reproachful, reviling, or abusive language, against any church, this being the certain way of disturbing the peace, and of hindering the conversion of any to the truth, by engaging them in quarrels and animosities, to the hatred of the professors, and that profession which, otherwise, they might be brought to assent to. No person whatsoever shall speak any thing in their religious assembly, irreverently and seditiously, of the government of this state.”
All this is not steering at too great a distance from persecution: persecution that has, with few exceptions, imparted life and vigor to the religions which, stimulated by absure barbarity, it struggled to extirpate. What has more cemented the edifice of our religious liberty than the numerous martyrdoms, during the short reign of Mary; a consort worthy of her lord?! Each of these horrid executions was (as Mr. Hume pertinently observes) equivalent to an hundred sermons against popery. And prophetical were the words in which the spirited and pious old Latimer (bishop of Worcester) addressed his fellow-sufferer, Ridley, at the stake: “ Cheer up, good brother! we shall, this day, kindle such a torch in England as (I trust in God ) will never be extinguished. ”
Page 140, line 2, read “the more indisputably to confirm. ”
Page 155. “ The superior legislatorial talents of Abbé de Mably may frame edicts more unexceptionable than the following: ”
“It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit. It is, therefore, not only the best policy, but, for the security of the rights of the people and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well; and that they should have honourable salaries, ascertained and established by standing laws.”
“The chancellor, the judges of the supreme court, and the first judge of the county-court in every county, hold their offices, during good behaviour, or until they shall have respectively attained the age of sixty years.”
“The independency and uprightness of judges are essential to the impartial administration of justice, and a great security to the rights and liberties of the people.”
Page 157, lines 6, 7, instead of “lay snares in order ” read “lay snares to entrap. ”
Page 158, line 12, read “ intrigue. ”
Page 162, last line, read “ Pennsylvania. ”
Page 163, line 20, read “ legislature. ”
Page 187. “ Plead in favor of the abolition of the slave trade. ”
To the names of Mr. Day and Mr. Ramsay, may we add that of Mr. Granville Sharp; a warm champion in the defence of the severally-violated privileges of humanity. Indefatigable upon his object, he seems to have moved heaven and earth for the sake of his fellow-creatures, languishing beneath a state of ignominious and cruel bondage. Let us wish him what he would deem his richest recompence: the fulness of success. . . It has been mentioned (and, most earnestly do we hope, in both cases, from authority) that “the laws lately enacted in Pennsylvania strike at the root of slavery ; and that all slaves are to be declared free at the age of twenty-eight years:” that “the assembly of the province of Rhode island, in consequence of application from the Quakers” (a sect with whom such efforts of humanity are congenial) “have made a law to prohibit all future importation and exportation of slaves to, or from that state, without their own consent, declaring all free who may be born after the date thereof, and allowing the manumission of healthy slaves under the age of forty years, who (should they afterwards become chargeable) are to receive support, as other poor.” This is striking nearer to “the root of slavery:” but, nearest is the following, which deserves to be written in characters of gold:
“No person hereafter imported into this state from Africa, ought to be held in slavery, under any pretence whatever ; and no Negro, Indian, or Mulatto slave ought to be brought into this state for sale, from any part of the world. ”
We wish that it were possible to follow up this excellent quotation with others, of the same date, from the forms of government established by the remaining United Provinces of America.
We close this interesting subject with an extract from observations written by one of the most virtuous and enlightened characters within the kingdom: observations too valuable to remain (as they appear hitherto to have remained) not actually published, but, set apart for the exclusive inspection of the citizens of an infant empire, and of some particular friends.
“The Negro trade cannot be censured in language too severe. It is a traffic which, as it has been hitherto carried on, is shocking to humanity, cruel, wicked and diabolical. I am happy to find that the United States are entering into measures for discountenancing it, and for abolishing the odious slavery which it has introduced. Till they have done this, it will not appear they deserve the liberty for which they have been contending. For, it is self-evident, that if there are any men whom they have a right to hold in slavery, there may be others who have had a right to hold them in slavery. . . . . . I am sensible, however, that this is a work which they cannot accomplish at once. The emancipation of the Negroes must (I suppose) be left in some measure, to be the effect of time and of manners. But, nothing can excuse the United States, if it is not done with as much speed, and, at the same time, with as much effect, as their particular circumstances and situation will allow. I rejoice that, on this occasion, I can recommend to them the example of my own country. . . . . . In Britain, a Negro becomes a freeman the moment he sets his foot on British ground.”
Page 208, line 6, read “ Cromwell. ”
The seventh article of the sixth chapter of the second section of the constitution of Massachusets declares:
“That the privilege and benefit of the writ of Habeas Corpus shall be enjoyed in this commonwealth, in the most free, easy, cheap, expeditious and ample manner, and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months. ”
This is not the place to enter into a discussion concerning the tendency of the exception in the foregoing clause. It rests with the Americans to keep in view some late opinions (important when we consider the virtuous and enlightened quarters from whence they issued) respecting the suspension of an Habeas Corpus Act.
It is impossible to conclude this appendix, without intimating a fervent hope (for the sake of those, who once! were friends and fellow-subjects ; and, new, as fellowcreatures, have claims upon the best of our wishes) that, if the following excellent laws are hitherte confined to particular constitutions, they may speedily enter into all the codes of the American consederation!
“The expences of travelling to the general assembly, and returning home, once in every session, and no more, shall be paid by the government, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave.”
“The estates of such persons as shall destroy their own lives, shall not, for that offence, be forfeited; but shall descend in the same manner as they would have done, had such persons died in the natural way; nor shall any article which may occasion accidentally the death of any one be henceforth deemed a [Editor: Illegible word] , or in any wise forseited on account of such misfortune.”
“All men have a natural, inherent right to emigrate from one state to another that will receive them, or to form a new state in vacant countries, or in such countries as they can purchase, whenever they think that they thereby may promote their own happiness.”
“The person of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison, after delivering up, bona fide, all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. . . . All prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident, or presumption great. ”
“The inhabitants of this state shall have liberty to sowl and hunt in seasonable times, on the lands they hold, and on all other lands therein not inclosed; and, in like manner, to fish in all boatable waters, and others, not private property.”
“There ought to be no forfeiture of any part of the estate of any person, for any crime, except murder, or treason against the state, and then only on conviction and attainder.”
The beneficent course of this law might have proceeded to a greater length. Why should heirs and branches of a family, not involved in the crimes and transgressions of the head of it, become excluded from the merited enjoyment of a patrimony.
“Monopolies are odious; contrary to the spirit of a free government and the principles of commerce; and ought not to be suffered.”
“The governor, every member of the council, and every judge and justice, before they act as such shall respectively take an oath: That he will not, through favor, affection, or partiality, vote for any person to office; and that he will vote for such person as in his judgment and conscience he believes most fit and best qualified for the office; and that he has not made, nor will make, any promise or engagement to give his vote or interest in favor of any person.”
“Perpetuities and monopolies are contrary to the genius of a free state, and ought not to be allowed.”
“The principles of the Habeas Corpus act shall be part of this constitution.”