American laws.

In the revised statutes of the state of New York, vol. i., p. 662, is
the following clause :

" Whoever shall win or lose in the space of twenty-four hours, by
gaming or betting, the sum of twenty-five dollars, shall be found guilty
of a misdemeanor, and, upon conviction, shall be condemned to pay a
fine equal to at least five times the value of the sum lost or won ; which
will be paid to the inspector of the poor of the township. He that
loses twenty-five dollars or more, may bring an action to recover them ;
and if he neglects to do so, the inspector of the poor may prosecute
the winner, and oblige him to pay into the poor box both the sum he
has gained and three times as much beside."

The laws we quote from are of recent date ; but they are unintelli
gible without going back to the very origin of the colonies. I have no
doubt that in our days the penal part of these laws is very rarely ap
plied. Laws preserve their inflexibility long after the manners of a
nation have yielded to the influence of time. It is still true, however,
that nothing strikes a foreigner on his arrival in America more forci
bly than the regard to the sabbath.

There is one, in particular, of the large American cities, in which
all social movements be^in to be suspended even on Saturday evening.
You traverse its streets at the hour at which you expect men in the
middle of life to be engaged in business, and young people in plea
sure; and you meet with solitude and silence. Not only have all
ceased to work, but they appear to have ceased to exist. Neither the
movements of industry are heard, nor the accents of joy, nor even the
confused murmur which arises from the midst of a great city. Chains
are hung across the streets in the neighborhood of the churches ; the
half closed shutters of the houses scarcely admit a ray of sun into the
dwellings of the citizens. Now and then you perceive a solitary in
dividual, who glides silently along the deserted streets and lanes.

Next day, at early dawn, the rolling of carriages, the noise of ham
mers, the cries of the population, begin to make themselves heard
again. The city is awake. An eager crowd hastens toward the resort
of commerce and industry ; everything around you bespeaks motion,
bustle, hurry. A feverish activity succeeds to the lethargic stupor of
yesterday : you might almost suppose that they had but one day to ac
quire wealth and to enjoy it.



. APPENDIX F. Page 41.

IT is unnecessary for me to say, that in the chapter which has just
been read, I have not had the intention of giving a history of Ameri-



448 APPENDIX.

ca. My only object was to enable the reader to appreciate the influ
ence which the opinions and manners of the first emigrants had exer
cised upon the fate of the different colonies and of the Union in general.
I have therefore confined myself to the quotation of a few detached
fragments.

I do not know whether I am deceived, but it appears to me that by
pursuing the path which I have merely pointed out, it would be easy
to present such pictures of the American republics as would not be un
worthy the attention of the public, and could not fail to suggest to the
statesman matter for reflection.

Not being able to devote myself to this labor, I am anxious to render
it easy to others ; and for this purpose, 1 subjoin a short catalogue
and analysis of the works which seem to me the most important to
consult.

At the head of the general documents, which it would be advan
tageous to examine, I place the work entitled An Historical Collec
tion of State Papers, and other' authentic Documents, intended as
Materials for a History of the United States of America, by Ebenezer
Hasard. The first volume of this compilation, which was printed at
Philadelphia in 1792, contains a literal copy of all the charters granted
by the crown of England to the emigrants, as well as the principal
acts of the colonial governments, during the commencement of their
existence. Among other authentic documents, we here find a great
many relating to the affairs of New England and Virginia during this
period. The second volume is almost entirely devoted to the acts of
the confederation of 1643. This federal compact, which was entered
into by the colonies of New England with the view of resisting the
Indians, was the first instance of union afforded by the Anglo-Ameri
cans. There were besides many other confederations of the same na
ture, before the famous one of 1776, which brought about the inde
pendence of the colonies.

Each colony has, besides, its own historic monuments, some of
which are extremely curious ; beginning with Virginia, the state which
was first peopled. The earliest historian of Virginia was its founder,
Capt. John Smith. Capt. Smith has left us an octavo volume, enti
tled, The generall Historie of Virginia and New England, by Captain
John Smith, sometymes Governour in those Countryes, and Admirall
of New England ; printed at London in 1627. The work is adorned
with curious maps and engravings of the time when it appeared ; the
narrative extends from the year 1 584 to 1626. Smith's work is highly
and deservedly esteemed. The author was one of the most celebrated
adventurers of a period of remarkable adventure ; his book breathes
that ardor for discovery, that spirit of enterprise which characterized
the men of his time, when the manners of chivalry were united to
zeal for commerce, and made subservient to the acquisition of wealth.

But Capt. Smith is remarkable for uniting, to the virtues which
characterized his contemporaries, several qualities to which they
were generally strangers : his style is simple and concise, his narra
tives bear the stamp of truth, and his descriptions are free from false
ornament.

This author throws most valuable light upon the state and condition
of the Indians at the time when North America was first discovered.

The second historian to consult is Beverley, who commences his
narrative with the 'year 1585, and ends it with J700. The first part
of his book contains historical documents, properly so called, relative
to the infancy of the colony. The second affords a most curious pic-



APPENDIX. 449

ture of the Indians at this remote period. The third conveys very
clear ideas concerning the manners, social condition, laws, -and politi
cal customs of the Virginians in the author's lifetime.

Beverley was a native of Virginia, which occasions him to say at the
beginning of his book that he entreats his readers not to exercise their
critical severity upon it, since, having been born in the Indies, he does
not aspire to purity of language. Notwithstanding this colonial mo
desty, the author shows throughout his book the impatience with
which he endures the supremacy of the mother-country. In this
work of Beverley are also found numerous traces of that spirit of civil
liberty which animated the English colonies of America at the time
when he wrote. He also shows the dissensions which existed among
them and retarded their independence. Beverley detests his catholic
neighbors of Maryland, even more than he hates the English govern
ment: his style is simple, his narrative interesting and apparently
trustworthy.

I saw in America another work which ought to be consulted, enti
tled, The History of Virginia, by William Stith. This book affords
some curious details, but I thought it long and diffuse.

The most ancient as well as the best document to be consulted on
the history of Carolina is a work in a small quarto, entitled, The His
tory of Carolina, by John Lawson, printed at London in 1718. This
work contains, in the first part, a journey of discovery in the west of
Carolina; the account of which, given in the form of a journal, is in
general confused and superficial ; but it contains a very striking de
scription of the mortality caused among the savages of that time, both
by the small-pox and the immoderate use of brandy ; and with a cu
rious picture of the corruption of manners prevalent among them,
which was increased by the presence of Europeans. The second part
of Lawson's book is taken up with a description of the physical con
dition of Carolina, and its productions. In the third part, the author
gives an interesting account of the manners, customs, and government
of the Indians at that period. There is a good deal of talent and
originality in this part of the work.

Lawson concludes his history with a copy of the charter granted to
the Carolinas in the reign of Charles II. The general tone of this
work is light, and often licentious, forming a perfect contrast to the
solemn style of the works published at the same period in New Eng
land. Lawson's history is extremely scarce in America, and cannot
be procured in Europe. There is, however, a copy of it in the royal
library at Paris.

From the southern extremity of the United States I pass at once to
the northern limit; as the intermediate space was not peopled till a
later period.

I must first point out a very curious compilation, entitled, Collection
of the Massachusetts Historical Society, printed for the first time at
Boston in 1792, and reprinted in 1806. The collection of which I
speak, and which is continued to the present day, contains a great
number of very valuable documents relating to the history of the dif
ferent states of New England. Among them are letters which have
never been published, and authentic pieces which have been buried in
provincial archives. The whole work of Gookin concerning the In
dians is inserted there.

I have mentioned several times, in the chapter to which this note re
lates, the work of Nathaniel Norton, entitled New England's Memo
rial ; sufficiently perhaps to prove that it deserves the attention of those
29



450 APPENDIX.

who would be conversant with the history of New England. This
book is in 8vo. and was reprinted at Boston in 1826,

The most valuable and important authority which exists upon the
history of New England is the work of the Rev. Cotton Mather, en
titled Magnalia Christi Americana, or the Ecclesiastical History of
New England. 16201698, 2 vols. 8vo, reprinted at Hartford, United
States, in 1820.* The author divided his work into seven books.
The first presents the history of the events which prepared and brought
about the establishment of New England. The second contains the
lives of the first governors and chief magistrates who presided over
the country. The third is devoted to the lives and labors of the evan
gelical ministers who during the same period had the care of souls.
In the fourth the author relates the institution and progress of the Uni
versity of Cambridge (Massachusetts). In the fifth he describes the
principles and the discipline of the Church of New England. The
sixth is taken up in retracing certain facts, which, in the opinion of
Mather, prove the merciful interposition of Providence in behalf of
the inhabitants of New England. Lastly, in the seventh, the author
gives an account of the heresies and the troubles to which the Church
of New England was exposed. Cotton Mather was an evangelical
minister whp was born at Boston, and passed his life there. His nar
ratives are distinguished by the same ardor and religious zeal which
led to the foundation of the colonies of New England. Traces of bad
taste sometimes occur in his manner of writing ; but he interests, be
cause he is full of enthusiasm. He is often intolerant, still oftener
credulous, but he never betrays an intention to deceive. Sometimes
his book contains fine passages, and true and profound reflections,
such as the following :

" Before the arrival of the Puritans," says he (vol. i., chap, iv.),
" there were more than a few attempts of the English to people and
improve the parts of New England which were to the northward of
New Plymouth ; but the design of those attempts being aimed no
higher than the advancement of some worldly interests, a constant
series of disasters has confounded them, until there was a plantation
erected upon the nobler designs of Christianity : and that plantation,
though it has had more adversaries than perhaps any one upon earth,
yet, having obtained help from God, it continues to this day."

Mather occasionally relieves the austerity of his descriptions with
images full of tender feeling: after having spoken of an English lady
whose religious ardor had brought her to America with her husband,
and who soon after sank under the fatigues and privations of exile, he
adds, " As for her virtuous husband, Isaac Johnson,

He tried
To live without her, liked it not, and died." (VoL. i.)

Mather's work gives an admirable picture of the time and country
which he describes. In his account of the motives which led the
puritans to seek an asylum beyond seas, he says :

" The God of heaven served, as it were, a summons upon the spirits
of his people in the English nation, stirring up the spirits of thousands
which never saw the faces of each other, with a most unanimous incli
nation to leave the pleasant accommodations of their native country,
and go over a terrible ocean, into a more terrible desert, for the pure
enjoyment of all his ordinances. It is now reasonable that, before we

* A folio edition of this work was published in London in 1708



APPENDIX. 451

pass any farther, the reasons of this undertaking should be more exactly
made known unto posterity, especially unto the posterity of th<fte
that were the undertakers, lest they come at length to forget and neglect
the true interest of New England. Wherefore I shall now transcribe
some of them from a manuscript wherein they were then tendered unto
consideration.

" General Considerations for the Plantation of JVew England

" First, it will be a service unto the church of great consequence, to
carry the gospel unto those parts of the world, and raise a bulwark
against the kingdom of antichrist, which the Jesuits labor to rear up in
all parts of the world.

" Secondly, all other churches of Europe have been brought under
desolations ; and it may be feared that the like judgments are coming
upon us ; and who knows but God hath provided this place to be a
refuge for many whom he means to save out of the general destruction !

" Thirdly, the land grows weary of her inhabitants, inasmuch that
man, which is the most precious of all creatures, is here more vile and
base than the earth he treads upon; children, neighbors, and friends,
especially the poor, are counted the greatest burdens, which, if things
were right, would be the chiefest of earthly blessings.

" Fourthly, we are grown to that intemperance in all excess of riot,
as no mean estate almost will suffice a man to keep sail with his equals,
and he that fails in it must live in scorn and contempt ; hence it comes
to pass, that all arts and trades are carried in that deceitful manner
and unrighteous course, as it is almost impossible for a good upright
man to maintain his constant charge and live comfortably in them.

*' Fifthly, the schools of learning and religion are so corrupted, as
(beside the unsupportable charge of education) most children, even the
best, wittiest, and of the fairest hopes, are prevented, corrupted, and
utterly overthrown by the multitude of evil examples and licentious
behaviors in these seminaries.

" Sixthly, the whole earth is the Lord's garden, and he hath given
it to the sons of Adam, to be tilled and improved by them : why then
should we stand starving here for places of habitation, and in the
mean time suffer whole countries, as profitable for the use of man, to
lie waste without any improvement ?

" Seventhly, what can be a better or a nobler work, and more worthy
of a Christian, than to erect and support a reformed particular church
in its infancy, and unite our forces with such a company of faithful
people, as by timely assistance may grow stronger and prosper ; but for
want of it, may be put to great hazards, if not be wholly ruined.

" Eighthly, if any such as are known to be godly, and live in wealth
and prosperity here, shall forsake all this to join with this reformed
church, and with it run the hazard of a hard and mean condition, it
will be an example of great use, both for the removing of scandal, and
to give more life unto the faith of God's people in their prayers for the
plantation, and also to encourage others to join the more willingly in
it."

Farther on, when he declares the principles of the church of New
England with respect to morals, Mather inveighs with violence against
the custom of drinking healths at table, which he denounces as a pagan
and abominable practice. He proscribes with the same rigor all orna
ments for the hair used by the female sex, as well as their custom of
having the arms and neck uncovered.



452 APPENDIX.

In another part of his work he relates several instances of witchcraft
\^iich had alarmed New England. It is plain that the visible action
of the devil in the affairs of this world appeared to him an incontesti-
ble and evident fact.

This work of Cotton Mather displays in many places, the spirit of
civil liberty and political independence which characterized the times
in which he lived. Their principles respecting government are dis
coverable at every page. Thus, for instance, the inhabitants of Massa
chusetts, in the year 1630, ten years after the foundation of Plymouth,
are found to have devoted 400/. sterling to the establishment of the
University of Cambridge. In passing from the general documents
relative to the history of New England, to those which describe the
several states comprised within its limits, I ought first to notice The
History of the Colony of Massachusetts, by Hutchinson, Lieutenant-
Governor of the Massachusetts Province, 2 vols., 8vo.

The history of Hutchinson, which I have several times quoted in
the chapter to which this note relates, commences in the year 1628 and
ends in 1750. Throughout the work there is a striking air of truth
and the greatest simplicity of style ; it is full of minute details.

The best history to consult concerning Connecticut is that of Benja
min Trumbull, entitled, A Complete History of Connecticut, Civil and
Ecclesiastical, 1630-1^64; 2 vols., 8vo., printed in 1818, at New
Haven. This history contains a clear and calm account of all the
events which happened in Connecticut during the period given in the
title. The author drew from the best sources; and his narrative
bears the stamp of truth. All that he says of the early days of Con
necticut is extremely curious. See especially the constitution of 1639,
vol. i., ch. vi., p. 100 ; and also the penal laws of Connecticut, vol. i.,
ch. vii., p. 123.

The History of New Hampshire, by Jeremy Belknap, is a work held
in merited estimation. It was printed at Boston in 1792, in 2 vols.,
8vo. The third chapter of the first volume is particularly worthy of
attention for the valuable details it affords on the political and religious
principles of the puritans, on the causes of their emigration, and on
their laws. The following curious quotation is given from a sermon
delivered in 1663 : " It concerneth New England always to remember
that they are a plantation religious, not a plantation of trade. The
profession of the purity of doctrine, worship, and discipline, is written
on her forehead. Let merchants, and such as are increasing cent,
per cent, remember this, that worldly gain was not the end and design
of the people of New England, but religion. And if any man among
us make religion as twelve, and the world as thirteen, such an one hath
not the true spirit of a true New Englishman." The reader of Belknap
will find in his work more general ideas, and more strength of thought,
than are to be met with in the American historians even to the present

Among the central states which deserve our attention for their
remote origin, New York and Pennsylvania are the foremost. The
best history we have of the former is entitled A History of New York, by
William Smith, printed in London in 1757. Smith gives us important
details of the wars between the French and English in America. His
is the best account of the famous confederation of the Iroquois.

With respect to Pennsylvania, I cannot do better than point out the
work of Proufl, entitled the History of Pennsylvania, from the original
Institution and Settlement of that Province, under the first Proprietor
and Governor, William Penn, in 1681, till after the year 1742 ; by



APPENDIX. 453

Robert Proud; 2 vols., 8vo., printed at Philadelphia in 1797. This
work is deserving of the especial attention of the reader ; it contains a
mass of curious documents concerning Penn, the doctrine of the
Quakers, and the character, manners, and customs of the first inhabit
ants of Pennsylvania.



APPENDIX G. Page 48

WE read in Jefferson's Memoirs as follows :

" At the time of the first settlement of the English in Virginia, when
land was had for little or nothing, some provident persons having
obtained large grants of it, and being desirous of maintaining the
splendor of their families, entailed their property upon their descen
dants. The transmission of these estates from generation to generation,
to men who bore the same name, had the effect of raising up a distinct
class of families, who, possessing by law the privilege of perpetuating
their wealth, formed by these means a sort of patrician order, distin
guished by the grandeur and luxury of their establishments. From
this order it was that the king usually chose his counsellor of state."*

In the United States, the principal clauses of the English law respect
ing descent have been universally rejected. The first rule that we
follow, says Mr. Kent, touching inheritance, is the following: If a man
dies intestate, his property goes to his heirs in a direct line. If he has
but one heir or heiress, he or she succeeds to the whole. If there are
several heirs of the same degree, they divide the inheritance equally
among them, without distinction of sex.

This rule was prescribed for the first time in the state of New York
by a statute of the 23d of February, 17S6. (See Revised Statutes, vol. iii.,
Appendix, p. 48.) It has since then been adopted in the revised
statutes of the same state. At the present day this law holds good
throughout the whole of the United States, with the exception of the
state of Vermont, where the male heir inherits a double portion :
Kent's Commentaries, vol. j^., p. 370. Mr. Kent, in the same work,
vol. iv., p. 1-22, gives an historical account of American legislation on
the subject of entail ; by this we learn that previous to the revolution
the colonies followed the English law of entail. Estates tail were
abolished in Virginia in 1776, on a motion of Mr. Jefferson. They
were suppressed in New York in 1786 ; and have since been
abolished in North Carolina, Kentucky, Tennessee, Georgia, and
Missouri. In Vermont, Indiana, Illinois, South Carolina, and Louisi
ana, entail was never introduced. Those States which thought proper
to preserve the English law of entail, modified it in such a way as to
deprive it of its most aristocratic tendencies. " Our general principles
on the subject of government," says Mr. Kent, " tend to favor the free
circulation of property."

It cannot fail to strike the French reader who studies the law of
inheritance, that on these questions the French legislation is infinitely
more democratic even than the American.

The American law makes an equal division of the father's property,
but only in the case of his will not being known ; " for every man,"
says the law, " in the state of New York (Revised Statutes, vol. iii.,

* This passage is extracted and translated from M. Conseil's work upon the Life
of Jefferson, entitled, " Melanges Politiques et PMlosophiques de Jefferson."



454 APPENDIX.

Appendix, p. 51), has entire liberty, power, and authority, to dispose
of his property by will, to leave it entire, or divided in favor of any
persons he chooses as his heirs, provided he do not leave it to a politi
cal body or any corporation." The French law obliges the testator to
divide his property equally, or nearly so, among his heirs.

Most of the American republics still admit of entails, under cer
tain restrictions ; but the French law prohibits entail in all cases.

If the social condition of the Americans is more democratic than
that of the French, the laws of the latter are the most democratic of
the two. This may be explained more easily than at first appears to
be the case. In France, democracy is still occupied in the "work
of destruction ; in America it reigns quietly over the ruins it has