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dued. Neither will those who tread the soil in Jersey, had, in 1810, more than two million which the Mohawks are entombed submit to be and a half of white inhabitants ; wherefore we slaves.
may reasonably conclude, that in half a century I shall not be surprised that ideas of this sort they will contain eight millions ; for in 1790 are treated as visionary speculations. When their number was short of one million and a the great Chatham, in January, 1775, having half, and in 1800 was near two; having inmoved an address for recalling the British creased about one third in each term of ten troops from Boston, said, in a speech which will years, but more than three fourths in the whole ever do honor both to his eloquence and dis- term of twenty years, viz. from 1,476,631 to cernment, “America, insulted with an armed 2,597,634. Though not distinguished as a manforce, irritated with a hostile army before her ufacturing people, yet, judging by those fruits eyes, her concessions, if you could force them, which the inventive genius of our fellow citiwould be suspicious and insecure. But it is zens has produced, we may reasonably foster, more than evident that you cannot force them even in that respect, exulting expectations. to your unworthy terms of submission. It is Numerous on land, we are not strangers at sea. impossible. We ourselves shall be forced ulti- Our country abounds in iron, and the use of it mately to retract. Let us retract while we is not unknown to her children. can; not when we must. I repeat it, my lords, If, then, monarchy and aristocracy establish we shall one day be forced to undo these vio- themselves in other portions of America; if the lent, oppressive acts. They must be repealed. variously-colored population of States in which You will repeal them. I pledge myself for it, domestic slavery prevails, should be condemned that you will in the end repeal them. I stake to civil and political slavery; if they should be my reputation on it. I will consent to be taken subjected to haughty caciques, let us hope that for an idiot if they are not repealed.” When here we may be led by the council of our the venerable statesman thus poured forth pro- sachems. Let it not, however, be supposed, phetic eloquence, the wise ones of that day, that a breach of the federal compact is intended: exulting in "a little brief authority," shrugged for, setting aside all attachment to national up their shoulders, and said, with a sneer of union, so essential to public tranquillity, if a sepaffected commiseration, poor old peer! he has aration of the States were contemplated, the outlived his understanding. In fancy, to be Delaware would not be chosen as their bounsure, he is young and wild, but reason is gone; dary. But when the great extent of our counhe dotes. So, too, in the height of Gallic try; when the violence of rash men ; when the frenzy, there was a cry raised to hunt down dangerous inequality of civil condition; when those who, reasoning and reflecting, foresaw the contempt which some express for others, and foretold a military despotism as the natural, alarm those whose lives have been devoted to the necessary result of such unexampled atroci- liberty, it is natural to look about and inquire, ties. It became a fashion to speak of those if there be no asylumn to which freedom may who warned their country against the contam- fly when driven from her present abode. In inating touch, the infectious breath of licentious such moments of anxious solicitude, it is no pollution, as enemies of liberty, as mad with small consolation to believe, that here, whataristocratic notions, as whimsical and fantastic. ever may be her fate elsewhere-here, gentleBut now the predictions of Chatham and of men, her temple will stand on a foundation imBurke are verified. And it may now be asked, movable. Here we have, at this moment, more where are the men who called those eloquent free citizens than the whole union could boast sages fools? They are precisely where Chat- of in 1775. And here, I fondly hope-here, I ham, who knew mankind, would have predict- firmly believe, the spirit of 1775 still glows in ed. They are in authority, and enjoy the blind the bosoms of the brave. confidence of disciples, who, when their mas- It is among the circumstances which ought ters shall have blundered on ninety and nine not to be overlooked, in this general view of times more, will most faithfully adhere to them our history, that the practice of law has been in their hundredth blunder.
strictly modelled on that which prevails in Returning from this digression, I take leave to what we formerly called our mother country; observe that our State will support a population that land of good nature and good sense from of four millions. Already it exceeds nine hundred which we learned the most useful lessons of thousand white inhabitants, although twenty our lives : our liberty, our laws, and our religion. years ago it was but little more than three hun- | Wits may scoff at the pedantry of special pleadåred thousand. When, therefore, the salubrity ing, the barbarous phraseology of lawyers, and of our climate, the fertility of our soil, the con- stern severity of judges, wbo, trampling on the venient situations for manufacturing establish- flowers of eloquence, check babbling, and conments, and our advantageous position for trade, fine the bar within the bounds of strict logic; ure considered, there is reason to believe the but those who think, will perceive, that inasperiod not distant when we shall count four much as things are expressed by words, precise million inhabitants : and, certainly, our wealth, expressions can only be effected by words of esif we are blest by a good government, must tablished signification; and since the rule of keep pace with our population. New-York, conduct cannot be applied until the fact be esconnected with her eastern brethren and New- | tablished, it is a prerequisite that such precise assertion be made by the one party, and such might he not, at length, be exposed, from inprecise negation by the other, as distinctly to dulging the habit of loose thinking, to the danstate the facts to be ascertained. The judges | ger of loose acting? It requires accuracy of of fact can then accurately determine on its investigation and clearness of perception to existence; and, that done, the judges of law can distinguish right from wrong, when, in doubtapply the rule. Every case, so adjudged, will ful circumstances, self interest is concerned. serve as a rule for cases which may afterward A man, therefore, may easily be induced to do arise; and thus the general principles of natural wrong, in compliance with what he feels to be justice, the maxims of ancient usage, and the his interest, when he thinks it may be right; positive injunctions or inhibitions of legislative especially, when he thinks that those who are providence, are extended to the infinite variety to judge may be prevailed on to decide in his of human actions and relations; so that liberty favor. Is there not, on the other hand, reason and property are secured. Nor is it, as many to suppose, that he whose course of life has led have hastily supposed, an evil, that law is es him to scenes of sharp inquiry; who has listen. pensive to suitors : for, as far as the suitor him-ed to arguments of precise logic; who has parself is concerned, by deterring him from litiga- ticipated in decisions of legal strictness; is there tion, it strengthens, if his cause be good, the not reason to believe, that this man will use a sentiment of benevolence, and enforces, if bad, diction more concise, possess a judgment more the duty of justice. By lessening the number acute, and observe a more correct line of conof suits, it diminishes the causes of discord. I duct ? Trifling injuries, which, if unnoticed, would These probable, or, at least, possible effects soon be forgotten, may, by a vindictive spirit, of forensic accuracy, may be increased, or dibe made the subject of controversy, and sepa- minished, or destroyed, by the ever-varying rate families for more than one generation. circumstances of our civil and social condition. Moreover, this great expense of law is a great Nay, their very existence may be questioned, public economy: for when cheap lawyers, mul- or attributed to other causes. Talents and tiplying trivial causes, crowd tribunals with a habits of observation must be exercised to host of jurors, parties, witnesses, and their need- make the due investigation. But there is one ful attendants, many fields lie uncultivated, important consequence which cannot easily be many workshops are neglected, and habits of overlooked or assigned to any other cause: I idleness and dissipation are acquired, to the allude to the value of property in this State; manifest injury and impoverishment of the re and merely mention it, because detailed obserpublic.
vations would be tedious-perhaps invidious. Is it a suggestion of fancy: or am I warrant- Permit me, however, to notice the more promed in supposing that rigid practice of law may inent reasons why it must produce that effect. give somewhat of precision to general modes of in the political associations of mankind. It is thinking; that it may even render conversation evident, at the first blush, that a purchaser of less diffusive, and therefore more instructive; land will give more for a good than for a doubtthat the accuracy of forensic argument may ful title; and it is equally evident that titles communicate vigor to parliamentary debate ; must be less secure where scope is given to dethat the deep sense and grave deportment of clamation, than where strict practice and close the bench and bar may have imparted to our logic are required. If we look a little nearer, character more of solidity than it would other- we shall perceive a more extensive consequence. wise have possessed? This city was long the The creditor who is certain of getting speedily head quarters of a British army; and familiar what is due to him, provided the debtor posintercourse with officers, many of whom were sess sufficient property, will be more liberal of men of family and fashion, while it gave, per- credit than where the recovery of debts is tehaps, a little of that lustre and polish which dious and uncertain. But credit is equivalent distinguish the higher ranks of society, could to money, and, like money, not only enhances not but dispose young people to levity and the price of property, but, obviating the want mirth, more than is suited to the condition of of money, becomes, to the nation in which it those who must earn their living by their in- prevails, a substitute for that intrinsic value, dustry. Man is an imitative animal. Not only part of their capital stock, which would, otherhis deportment, his language, and his manners, wise, be sent abroad to procure the precious but even his morals depend, in a great degree, metals. on his companions. Let us suppose two indi- ! Indulge me, gentlemen, while on this subject, viduals, of twin resemblance as to intellectual in another observation. The more strict and disposition and power, one of them frequently regular is the practice of law, the greater is our attending on courts of strict practice, the other certainty that the guilty will be punished ; and, on those where lengthened declamation wears of necessary consequence, that the innocent out tedious days on questions of trifling import: will be protected. The law, when it is a terror would not the latter slide into a loose mode to evil doers, is the safeguard not only of proboth of thinking and speaking; might he not perty but of life, and of that which wise and conceive that to talk long is to talk well ; might virtuous citizens value more than life—it is the he not attend too much to the melody of pe- protector of liberty. Where the law is supreme riods, too little to the precision of thought; I every one may do what it permits without fear, and from this happy condition arises that habit called Quakers, and their equality of civil con of order which secures the public peace. But dition, with what they supposed to be the luxwhen any man, or association of men, can ex- ury and aristocracy of men to whom manors ercise discretionary power over others, there is had been granted, and who were the masters an end of that liberty which our fathers en- of slaves. The citizens of New York, however, joyed, and for which their sons bled. When- believed that the comparative prosperity of ever such an association, assuming to be the Pennsylvania might more naturally be attribupeople, undertake to govern according to their ted to circumstances more evident, and of lesy will and pleasure, the republic which submits; doubtful operation. Without acknowledging nay, the republic which does not immediately either a moral or civil superiority, they believed subdue and destroy them, is in the steep down- that nature had given them as good a climate, hill road to despotism. I cannot here, gentle- a better soil, and a more favorable situation; men, help congratulating you on the high stand-, but their country had been from the beginning, ing of our city during late events, and adding a theatre of war, and stood in the fore front of my feeble approbation to the full applause so the battle. New York was, like Joseph, a vicjustly bestowed on its magistrates. To say tim of parental kindness. Not, indeed, that more might look like adulation. To say less her brethren, like his, were disposed to sell or would be a want of gratitude.
kill the favorite child; but that their enemy Among the singularities of our history, is the endeavored to subdue her, as the means more slow progress of population, previous to the effectually to annoy them. The only accurate year 1783, compared with that of other States. solution of such questions is made by time. Jamestown, in Virginia, was founded in 1607, For as experience is the ground-work, so is Quebec in 1608, New York in 1615, New Ply time the test of political reasoning. At the mouth in 1620. Thus, in the short space of end of seven years from the period when the fourteen years, these different plantations of estimate mentioned was made, by the first mankind were made. The settlement of Penn-Congress, another severe hurricane of war had, sylvania was undertaken full sixty years later: blown over our State, and laid it in ruins. Our and yet at the commencement of the war for frontier settlements had been broken up, and defence of our rights, one hundred and fifty- a part of our capital reduced to ashes. Our five years after the first settlement of New citizens were banished or beggared, and our Plymouth, and only ninety-four years after the commerce annihilated. Whatever doubts, therefirst settlement of Pennsylvania, the popula-fore, may have been entertained as to the action, according to the congressional estimate, curacy of proportions taken in 1775, there was was, of
no doubt left in 1783, but that we were below The Eastern States, exclusive of Vermont, nearly as 70
the ratio assumed when the war begun. In That of New York, Vermont, and New Jersey, 33 less than eight-and-twenty years, from that That of Pennsylvania and Delaware, . .
time, the census was taken on which the reAnd that of Maryland and Virginia,
presentation in Congress is apportioned. And
Together, 200 according to the ratio thereby established, Moreover, according to that estimate, the pro The Eastern States, exclusive of Vermont, aro as 53 portion of the States of Virginia, Pennsylvania, New York, Vermont, and Now Jersey,
Pennsylvania and Delaware, . . and New York, was,
Maryland and Virginia, . . . . . . 49 Virginia, . . . . . . . Pennsylvania 83
Total, 200 New York, including Vermont,
Or allowing for the black population, which is
Together, 99 not fully represented, the number would be, But Virginia had been planted 168 years, New In the Eastern States, exclusive of Vermont, as : 51
New York, Vermont, and New Jersey, . York 160. and Pennsylvania only 94, which
Pennsylvania and Delaware, .
: 86 gives a proportion to
And Maryland and Virginia, Virginia, of
Total, 200 Pennsylvania,
88 And New York,
22 If this be compared with the first proportion,
viz., that made by estimate in 1775, we shall
find that the Eastern States have decreased 19, So that the population of Virginia had advanc
Virginia and Maryland 9, while this State, with ed, compared with the term of settlement, 5,
Vermont and New Jersey, have increased 25, and Pennsylvania 11, while New York was de
Pennsylvania and Delaware 3. Or taking the ficient 16. The citizens of Pennsylvania, warm
relation between Virginia, Pennsylvania, and ed with that attachment to their country so honorable to man, attributed their superior
New York, which was, prosperity to natural and moral advantages Virginia, then, . . 44 Now, . . . 45
Pennsylvania, then, , 88 Now, . . . 29 which they believed themselves to possess.
New York, with Vermont, 22 Without Vermont, 85 They supposed their climate more mild than
99 ours, more salubrious than that of Virginia, their soil more fertile than either, and they con- It appears that Virginia has decreased 2, and trasted the simplicity of manners among those | Pennsylvania 4, making the 13 which New York
has gained. In respect to Virginia, however, so as to amount in 1810 to 786,804. The censug the variation may arise from those colonies of 1790 gave to New York only 314,142 white which have left the ancient dominion to people inhabitants; being to Pennsylvania, even then, southern and western States. It may be well, only in the proportion of near three to four. therefore, to confine our view to a comparison The increase in ten years was 77 per cent., in of this State with her sister Pennsylvania. In the next ten years 65 per cent. (or in the whole July, 1775, the Congress estimated the popula- twenty years, 192 per cent.), so as to amount in tion of Pennsylvania and that of New York, 1810 to 918,699: being to Pennsylvania, in the then including Vermont, in a proportion of proportion of seven to six. And now let a three to two, which gives to
glance be cast at the position of lands which
have been settled in those two States within Pennsylvania,
the last twenty years. They are separated New York, .
from each other by the river Delaware, for
more than fifty miles, and then only by a mathebut by the late apportionment of representatives, matical line, for more than two hundred miles.
It may be asserted, without danger of contra-
diction, that along this extensive frontier, New
York is more thickly settled than Pennsylvania.
Together, 50 Without contending, therefore, as to civil or So that in the space of twenty-eight years of moral advantage, it can hardly be denied that a peace, from 1783 to 1811, Pennsylvania has soil and climate which have attracted such great lost seven in thirty, and New York has gained population in the last term of twenty-eight seven in twenty, on their relative proportion : years, would have thickly settled the State long and this, too, without including Vermont. ago, had it not been for a political cause, which, Finally, the matter may be examined in a still while it retarded the population of New York, more simple point of view, and speaking in promoted and accelerated the population of round numbers, if the estimate of 1775 be con- Pennsylvania. The political cause, unhappily sidered as tolerably accurate, Massachusetts has for us, again brought into operation, was war increased one half, Pennsylvania has doubled, with the possessor of Canada. It has alraady and New York quadrupled, since it was made.' been noticed, that in the last ten years our
Excuse me, gentlemen, for dwelling so much number has increased 65 per cent. This city on a calculation which may appear to some as has in that period, nearly keeping pace with mere amusement. It shows by conclusions, the aggregate, increased 60 per cent. But the which, founded on arithmetic, cannot be ques-western district has increased at the rate of 175 tioned, that the growth of this State was im- per cent. If we add the counties of Montgompeded only by the wars in which it has been so ery, Essex, Clinton, and Franklin, so as to emoften, so deeply, and so disastrously engaged. brace the whole northern frontier, the rate of From 1614, when Fort Orange, now Albany, increase is 163 per cent. ; the amount upwards was built, to 1810, when the last census was of 261,000, whereas that district, those counties, taken, there are seven terms of twenty-eight and this city excepted, the ratio for the rest of years. During the first six terms, which ended the State was only 20 per cent.; and the amount in 1782, we had not attained to more than one- little more than 75,000. In effect, near 262.000 fourth of our present condition. It has already out of not quite 373,000, our total increment, been observed, that the settlement of Pennsyl- belonging to our northern and western country; vania began in 1681, but as it may be contended so that seven-tenths of that growth, which we that antecedent settlements in Delaware and beheld with astonishment and exultation, was New Jersey facilitated the undertaking of Mr. the produce of a country now exposed to the Penn, we may go back a few years, and suppose chance and disasters of war. Nearly one other it to have commenced in 1670, from which time tenth was in the capital. This, gentlemen, is to that in which the last census was taken, there neither the place nor the occasion to inquire are five terms of twenty-eight years. In the into the policy, much less the justice of those first four, Pennsylvania attained to one half of measures, by which we are distressed, Bowing her present condition, and had acquired more with deference to the national government, I by one half than we had in six. But in the am willing to suppose, that in so far as regards last term they have little more than doubled, the United States, the war may have been bewhile we have quadrupled. But it may be gun, and is now carried on justly, wisely, hapsaid that no reliance ought to be placed on the pily; but for us, most unhappily. Every memestimato made by Congress in 1775, and that ber of this society is, undoubtedly, disposed, by comparisons drawn from proportions then as- every proper exertion, and every possible sacrisumed, are not convincing. It may be well, fice, to support the honor and independence of therefore, to test the question by a standard our country. But he must be void of discernwhose accuracy cannot be denied. The census ment who does not perceive, that war with of 1790 gave to Pennsylvania 424,099 white the greatest naval power is no nappy condition inhabitants. The increase in ten years was for a commercial people. Whether America 38 per cent., in the next ten years 34 per cent. will eventually rejoice in trophies gained, terri(or in the whole twenty years 85 per cent.), tory acquired, and privileges torn from an end. my subdued, or whether she shall weep for de- / happiness, but as the outworks to the citadel feats sustained, dominion lost, and rights sur- of our liberty? And, finally, that we should, rendered, must depend, under God, on the man- as the best means of effecting those objects, so ner in which this war shall be conducted, and arrange our concerns, as that the management the wisdom and integrity of the negotiations by of public affairs be entrusted to men of wisdom, which it shall be concluded. But, whatever firmness, and integrity? I will venture to add may be the feelings of our sister States, whether the idea that, in any political change which they, as events may indicate, shall clothe them-circumstances may induce, we should respect selves in scarlet, or in sackcloth, our house the example of our predecessors, the Six Nawill, in all probability, be a house of mourn- tions, and not be persuaded to ask for a king, ing.
that he may go out before us, like the other It is by the light of history and geography nations, nor submit to the sway of hereditary that we discern the interests of a country, and nobles. It would be a fatal delusion, if, for the the means by which they can best be pursued, military vigor of one institution, or the politiand secured. Am I mistaken in concluding, cal cunning of the other, we should surrender from the foregoing details, which may, I fear, that freedom which ennobles man. Nor would have been tedious to you, that we should en- it be less fatal, that, with a view to simplicity courage husbandry, commerce, and useful arts, and unity, we should permit the consolidation as the great columns which are to support the of too great a mass : for history teaches that fabric of our wealth and power? That we republican spirit is liable to ferment, when in a should promote order, industry, science, and large vessel, and be changed to the corroding religion, not only as the guardians of social acid of despotism.
NAVIGATION OF THE MISSISSIPPI.
The following speech on the resolutions of cause they depend on circumstances nut yet Mr. Ross, * relative to the free navigation of the arrived. And when we attempt to penetrate
into futurity, after exerting the utmost powers Mississippi river, was delivered, by Mr. Morris,
of reason, aided by all the lights which expein the Senate of the United States, on the
rience could acquire, our clearest conceptions twenty-fourth of February, 1803.
are involved in doubt. A thousand things may
happen, which it is impossible to conjecture, MR. PRESIDENT: I rise with reluctance on and which will influence the course of events. the present occasion. The lateness of the hour The wise Governor of all things hath hidden forbids me to hope for your patient attention, the future from the ken of our feeble underThe subject is of great importance, as it relates standing. In committing ourselves, therefore, to other countries, and still greater to our own: to the examination of what may hereafter aryet we must decide on grounds uncertain, be- rive, we hazard reputation on contingencies we
* The treaty of 1795, between the United States and Spain, union to hold a right so important by a tenure so uncertain: secured to the citizens of the former the free navigation of That it materially concerns such of the American citizens the river Mississippi, and a privilege of deposit in the island as dweil on the western waters, and is essential to the union, of New Orleans, for three years, the privilege to be con- | strength and prosperity of these States, that they obtain tinued after the expiration of the three years, provided, complete security for the full and peaceful enjoyment of during that time, it was found not to be prejudicial to tho such their absolute right:
Spain. And it was also stipulated, that if it That the President be authorized to take immediate bosshould not be continued there, an equivalent establishment session of some place or places, in the said island, or the adshould be assigned at soine other place upon the bank of the jacent territories, fit and convenient for the purposes aforeMississippi.
said, and to adopt such measures for obtaining that complete During the month of October, 1802, the Intendant of New ' security, as to him, in his wisdom, shall seem meet; Orleans issued a proclamation, prohibiting the citizens of! That he be authorized to call into actual service any numthe United States from depositing their merchandise at Newber of the militia of the States of South Carolina, Georgia, Orleans, without assigning any other equivalent establish- : Tennessee, Kentucky and Ohio, and the Mississippi territory, ment, according to the articles of the treaty.
which he may think proper, not exceeding fifty thousand, Pending those affairs, Mr. Ross submitted to the Senate and to employ them, together with the naval and military the subjoined resolutions: Resolved, That the United States force of the Union, for effecting the object above mentioned: of America have an indisputable right to the free navigation That the sum of five millions of dollars be appropriated to of the river Mississippi, and to a convenient deposit for their the carrying into effect the foregoing resolutions, and that produce and merchandise in the island of New Orleans: the whole or any part of that sum be paid or applied on
That the late infraction of such their unquestionable right warrants, drawn in pursuance of such directions as the be an aggression, hostile to their honor and interest:
President may from time to time think proper to give to the That it does not consist with the dignity or safety of this secretary of the treasury.-Annals of Congre88, 1803.