much to soften party asperities. The states also, by their purchase of stocks in the public debt of the United States, have shewn less indifference for the union, than before these interesting connections were so far extended, Lieutenant Stephen Decatur, with 60 men only, boarded and took a Tripolitan frigate of 44 guns, with 300 men on board, under the walls of Tripoli, An unparalleled instance of individual enterprize to reinstate the rightful, but exiled sovereign of Tripoli, and thereby to relieve above 400 American citizens from captivity, was planned this year, and was undertaken by permission of the executive of the United States, by William Eaton, esquire, who, after seeking the bashaw in the interior of Egypt, accepted the command and appointment of the few forces they could raise; with these, at every risk, they crossed the Lybian desert, and gallantly assailed the walls of the city of Derne, with the assistance of 2 or 3 small vessels only. They succeeded nobly; but by some unaccountable accident, general Eaton was prevented from perfecting his entire plan, by a premature, and not an honorable peace, concluded by a junior American consul, without consulting the general, with whom it is thought, he was in honor and in duty bound to confer. A noble reward, it is said, is in

tended for the gallant general, and for his principal associates,

The congress of the United States pass a law to prohibit the further receipt of the certificates of the public debt, in exchange for the public lands, at any price!

1804

1805

1805

1806

We cannot too often repeat, at this time, that of all the acts of the general government, none has excited more disgust than this. After 10 years beneficial experience of the very judicious provision for the entire war debt, the certificates of which were to die (like checks in a bank) in the land offices; where ten times the amount would have died in a few years, even if we had not Louisiana in addition to this invaluable and only proper fund for the object.

It is worthy of remark, that the only ostensible reason assigned for the changing the provision for sinking the war debt from lands to ready money, and thus increasing the return of specie and bills of exchange to Europe, was, that "a certain anonymous clerk, in a certain anonymous office, had made a perquisite by the accidental difference between money and the rate at which stocks were receivable." But if this was the true reason, why were not the lands raised, or the stocks lowered? the only natural remedies for the complaint.

As the great injury we have sustained by the repeal of the law of 1797, will soon shew itself, if future sales do not increase annually on the last year, in the ratio of past experience, we only lament that se veral foreigners have been disgusted by the measure, and may now prefer the money to lands for the debt we owe them. See page 201.

Of the laws of the United States and administration of justice, we have only to observe, that although to make our manual a complete whole, we ought to speak of our jurisprudence, and of the particular tendency of our penal and criminal codes, in comparison with those of other countries and other times, we have neither the ability nor the room requisite for subjects of such importance: our principal forte, we presume, is finance; and either of these sciences would occupy the whole life of any individual, if sufficiently attended to. We will, however, offer a few of our impressions on the topic: we believe, that for the construction and organization of our courts, we have borrowed from the old world the best of their institutes, (and that by occasional aid in reference to the common law of England, if not too implicitly followed,) our own laws are sufficient to secure to every one a better chance for justice than he could hope for in any other country. We hope every man will endeavour to furnish himself with a Blackstone, and with the great common place book of Montesquieu; for these, however imperfect, will assist him to see the propriety of our own theory and practice throughout the union. We might now go on with our subject till our manual involved all the able illustrations that were ever reported in the English language; but as they would never be read, we ask cui bono? We believe, however, we may venture to add our commendation of the ancient and inestimable privilege, which Montesquieu tells us, the British borrowed from their Saxon ancestors.

mans.

"The English borrowed their political government from the GerTheir beautiful system was first invented in the woods." "Harrington, in his Oceana, has inquired into the highest point of liberty, to which the constitution of a state may be carried; but ignorant of the nature of real liberty, he busied himself in the pursuit of an imaginary phantom of the imagination. He built a Chalcedon, while he had Byzantium before his eyes." Montesquieu.

As Dr. Adam Smith went beyond his depths, in his attempt to amend the British system of jurisprudence, we shall take care, if possible, how we incur justly the ridicule four gentlemen of the bar. He, Dr. Smith, tells us," Both the civil and military of the Greeks and Romans, will be readily allowed to have been at least equal to those of any modern nation."

Now this is perhaps as severe censure as ever was cast on the mo derns; for although for want of the same taste, and consequently the same practice in statuary, we confess we have sunk in comparison with the Greeks, yet we have no other excuse, if we are not better civilians than they were, than our having degenerated from the primitive nature of the divine image, man; but this we do not wish to believe, especially since there is nothing of sufficient weight to impress so degrading, so discouraging a belief, but the whimsical notions of a few theoretic recluse.

Dr. Smith is certainly mistaken in his idea, that the trials at Rome were before but one or only a few judges. (See Wealth of Nations,

5th book.) We know the contrary as well as we know any thing of the manners of that most interesting city. Cicero, it is asserted by some of the classics, commonly spoke to a court of 50 judges.

It is however to be lamented, that as nations have advanced, the expense attending all legal decisions have increased, and in some instances appear to us to be enormous, Many have reason to complain of the delay of our legal decisions; but these have often given time for the parties to reflect and to settle themselves. As we think we have been greatly injured, by what we know to have been a premature decision, in a case (see appendix) that.involved all our worldly goods, we are, perhaps, not so well prepared for this question as some who have been less subjected to a bias of opinion.

On the whole, it is our opinion, that so far from having fallen off from the perfection of ancient jurisprudence, we, the moderns, have greatly improved, even of late years; and as our judges are completely independent, and in fact interested in relieving both themselves and the people from all the unnecessary shackles of the present system, they from their elevated seats having a fair view of all the subjects in connection, can better point at the faults than any other description of gentlemen; not that we would wish to discourage others from their own attempts for the same object, in a free country. "The galled steed will ever wince;" and thus we know that his harness is not adjusted to his frame. Thus should the people make known the injuries to which the best human systems have sometimes partially contributed.

66

Legislation is the art of studying the genius and constitution of the people, for making them give to necessary laws, an advantageous, but mild obedience. It embraces the whole system of politics in a state; to the end that all resources should tend to the profit and happiness of individuals of every order; and that the talents of individuals should tend in their turn to the advantage, the power, and the glory of the society. It is to reign in the hearts of men, and rather than over men, by dint of exterior power."

"To point out the most simple ordinances which would include all these various objects, and employ the best means for arriving at that end, would be the most interesting problem in interior politics." "All laws ought to vary with the country, and form in their assemblage a system adapted to the circumstances of the times, places, and persons. It is the code of national rules, which ought to be relative to the diversity of soil, climate, productions, character of the inhabitants, nature of the government, to various relations of the state with its neighbours, the extent of the territory, and more or less to the facility of transportation, whether interior or exterior."

These sentiments are the spirit of a foreign work, entitled, the Spirit of Legislation.

CONSTITUTION OF THE UNITED STATES OF AMERICA.

WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.

ARTICLE I.

SECTION. I. ALL legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

SECT. II. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state, shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and, until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, South Carolina five, and Georgia three.

When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill the vacancies.

The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.

SECT. III. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote.

Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes.

The seats of the senators of the first class shall be vacated

at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

The Senate shall choose their other officers, and also a President pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the United States.

The Senate shall have the sole power to try all impeachments.... When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit under the United States; but the party con victed shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

SECT. IV. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law, make or alter such regulations, except as to the places of choosing senators.

The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

SECT. V. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.

Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question, shall, at the desire of one-fifth of those present, be entered on the journal.