'JOHN ADAMS' THOUGHTS ON GOVERNMENT. Towns, that such a Spirit was preserved at all among the People. In my early youth, the works of Sidney, Har

Dear Sir.

The Subject on which you were pleased to re-rington, Locke, Milton, Nedham, Neville, Burnet, quest my Sentiments, is of infinite Importance to Hoadley, were put into my Hands; and the misMankind. Politicks is the Science of human Hap-erable situation of our Country for fifteen years piness--and the Felicity of Societies depends entirely on the Constitutions of Government under which they live.

The famous Couplet of a very great Poet,

"For Forms of Government let Fools contest That's best administered is best"

past, has frequently reminded me of their Principles and Reasonings. They have convinced me that there is no good Government but what is Republican. The British Constitution itself is Republican, for I know of no better Definition of a Republic than this, that it is an Empire of Laws and not of men: and therefore, as I look upon Republics to be the best of Governments, so I think Shews him to have been less attentive to the po- that particular Form of Government, or in other litical and civil Part of History, than the poetical. words, that particular Arrangement and CombinaHe must have read and studied for fanciful Images, tion of the Powers of Society which is best calcunot Social Institutions, because the Rectitude of lated to secure an exact and impartial Execution Administration depends upon the Forms; Some of the Laws, is the best Republic. Species of Government being always well administered, others never.

Of Republics there is an infinite Variety, because the Arrangements of the Powers of Society are capable of innumerable Diversifications.

Now, Sir, as good Government, is an Empire of Laws, the first Question is, how shall your Law: be made?

If you can determine what Form of Government will produce the greatest Quantity of human Happiness, you will at once decide which is the best, this being the only Criterion; if you determine what the Dignity of human Nature, and the Happiness In a Society, or Community consisting of any of Mankind consists in, you will decide what it is considerable Number of People, inhabiting any con that produces the greatest Quantity of Happiness. siderable Extent of Territory, it is impossible that Divines, Moralists, Philosophers, and Men of Pleas- the whole Body should assemble for the Purpose of ure all agree that it consists in Virtue. If there is making Laws. They would be too numerous. a Form of Government, therefore, whose Principle They could not afford the Expence. The first Step or Foundation is Virtue, will not all those Kinds of to be taken then is to depute Power from the many Men acknowledge it to be better calculated to pro- to a few of the most wise and virtuous. But by mote the general Happiness, than another, the what Rules shall you choose your Representatives? Principle of which is Fear, or even Honour. Agree upon the Number of Persons who shall have I hold the Principle of Honour, Sacred-but am the Benefit of choosing one, or agree upon a Disnot ashamed to confess myself so much of a Gre-trict of Ground the Inhabitants of which shall have cian, or Roman if not of a Christian, as to think that Privilege, or agree upon the Quantity of Propthe Principle of Virtue of higher Rank in the Scale erty which shall be intituled to one. The princiof moral Excellence than Honour; indeed Honour is but a Part, a very small Part of Virtue. As to Fear it is so base and brutal a Passion, that it dont deserve the name of a Principle, and I think that no Gentleman of this Age and Country will think it a Foundation of Government proper for Ameri

cans.

pal Difficulty lies and the greatest Care should be taken in constituting this Representative Assembly. It should be, in Miniature, an exact Portrait of the People at large. It should think, feel, reason, and act like them.

That it may be the Interest of this Assembly to do equal Right, and Strict Justice upon all occaThe Spirit of the People, among whom I had sions, it must be an equal Representation of the my Birth and Education, which you know very People, or, in other words, equal Interests among well was always republican, although they never the People should have equal Interests in the Repenjoyed a Constitution of Government conformable resentative Body. No Art should be spared to to that Spirit, as the whole of the Executive with effect this, and to prevent unfair, partial, and coran enormous Prerogative, as well as two Branches rupt Elections: but such Regulations are better of their Legislature, and the whole of their judi- made in Times of greater Tranquility than the prescial Powers, were always in the Hands of the ent, and thus will grow of themselves naturally Crown. It was wholly owing to the Constitution when all the Powers of Society and Government of their Towns, which were small Districts incor- come to be in the Hands of the People's Friends. porated by an early Law, and vested with Powers At present it will be wisest and safest to go in old to assemble frequently, deliberate, debate and act established Methods to which the People are reconupon many Affairs, together with the Establish- ciled by Habit. ment of Grammar Schools in every one of those

Having obtained a Representation of the People

in one Assembly, the Question arises, whether it is [ture, and also with the whole Executive Power, wisest to leave all the Powers of Legislation in this after divesting it of most of those Badges of DomiSingle Body, or to make your Legislature more complex I think that a People cannot be long happy or free, whose Laws are made only by one Assembly: my reasons for this Opinion are these. 1. A Single Assembly is liable to all the Frailties, Vices and Follies of an Individual.--Subject to fits of Humour, Caprice, Passion, Prejudice, histy Results and absurd Judgments, which ought to be corrected by some controuling Power.

2. A Single Assembly is apt to be avaricious, and in time, would not scruple to exempt itself from Burthens which it would lay without Feeling upon its Constituents.

3. A single Assembly is apt to grow ambitious. and vote itself perpetual. Witness the Case of Holland, whose Assembly first voted that they should hold their seats seven Years, then, for Life, and after some time, they had the Modesty to determine, that when a Vacancy happened by Death or otherwise, they themselves would fill it up, without applying to the Constituents of the deceased Member.

nation call'd Prerogatives. I know that giving the Executive Power a Negative upon the Legislative, is liable to Objections, but it seems to be attended with more Advantages than Dangers, especially if you make this Officer elective annually, and more especially if you establish a Rotation by which no Man shall be Governor for more than three years, annually elective; he must be allowed a free and independent Exercise of his Judgment because he will have so much Regard for the People, the Representatives and Council that he would seldom exercise this Right, except in Cases the public Utility of which would be conspicuous, and some such Cases would happen. However, if you like it better, give him only a casting vote in Council.

In the present State of America, when by an Act of Parliament, We are put out of the Royal Protection, and it is become necessary to assume Governments for immediate Security, the Governor should be chosen by joint Ballot of both Houses. In the same Manner a Lieut. Governor, Secretary, Treasurer, Commissary, and Attorney General may be chosen.

4. An Assembly cannot exercise the executive Power, for want of the essential Properties-Se- The Governor, by and with and not without the cresy and Dispatch: now, if an executive Power is Advice and Consent of the Council, should nomiconstituted distinct from the Legislative and the nate and appoint all Judges, Justices, and all other Legislative consists of only one Assembly, there Offices civil and military, who should have Comwill naturally grow a Coldness,--an Opposition-missions signed by the Governor and under the Seal and at length a downright civil War between the of the Colony.--if you choose to have a GovernLegislative and Executive.

ment more popular still you may let all Officers be chosen by one House, concurred by the other and consented to by the Governor. Sheriffs should be chosen by the Freeholders of the Counties.

5. Because a Representative Assembly is still less qualified to exercise the judicial Power, being too numerous, and generally too little skill'd in those voluminous Collections of Laws which are neces- Indeed the whole of this Plan is calculated for sary to be thoroughly understood, and most care-present Emergency. The Legislature thus confully observed in order to obtain a uniform, steady stituted will have power to make any alterations and impartial Administration of Justice, therefore I from Time to Time to supply Defects which Exlay it down as a maxim that the judicial Power perience may point out. It may indeed give the should be distinct both from the Legislative and Elections of the whole Government annually to the Executive. Now if you have your Legislative in People at large as in Connecticutt. one Assembly, and Executive in another, and the judicial Power leans to either, it will naturally join with that and overballance, overbear, and overturn the other.

The Legislature therefore should consist of more than one Assembly. Let the Representative Body then elect by Ballot from among themselves or their Constituents a distinct Assembly to consist of the most experienced accomplished and virtuous Men, which for the Sake of Perspicuity we will call a Council. It may consist of any Number you please-say Twenty or Thirty.

The Stability of Government in all its Branches, the Morals of the People and every Blessing of Society depend so much upon a true Interpretation of the Laws, and an impartial Administration of Justice that the Judges should always be Men of Learning and Experience in the Laws, exemplary Morals, great Patience, Calmness, Coolness, and Attention. They should not have their Minds distracted with complicated jarring Interests or be subservient to any Man or Body of Men, or more complaisant to one than another. To this End they should hold Estates for Life in their Offices, and their Salaries should be fixed by Law. By holding Estates for Life, I mean their Commissions should be during good Behaviour.

When these two Bodies are thus constituted an Inquiry will arise, is the Legislature compleat? I think not. There should be a third Branch, which for the sake of preserving old Style and Titles you Such a Constitution as this naturally and necesmay call a Governor, whom I would invest with a sarily introduces universal Knowledge among the Negative upon the other Branches of the Legisla- 'People, and inspires them with a conscious Dig

Traitors turn to every trust,

In life's busy battle moving

Souls that war not, souls that rust-
Will ye slumber, little heeding
Effort worthy human life,
Like a craven quarter pleading,
Choosing slavery to strife?
Better far fall early stricken,

Struggling with the good and brave,
Than thro' weary years to sicken

In the shackles of a slave :Better, for reward and glory

Crown the good thro' every age,-History's spirit marks their story

As a watch-light on her page. And a band of angels seeming

Thro' the past, led on by time, Point they radiant and beaming

To a life they made sublime: Saying, to each way-worn palmer,

"Ye may do what hath been done;" Oh be faithful, stronger, calmer, And Life's victory is won!

Ballimore, Md.

"CURWEN'S JOURNAL," &c.

Notice of a Review of "Curwen's Journal," &c., comprised in several late numbers of the Messenger.

BY THE EDITOR OF CURWEN.

one can well afford to be magnanimous enough to pass over his personalities in silence, and we can almost take upon ourself to guarantee a similar immunity on the part of the others whom he has assailed. It is only, therefore, on account of the highly respectable character of the "Literary Messenger and Review," that we are desirous of proving to its readers that we have neither perverted the facts, nor, intentionally, at least, used such language, or such modes of expression as were calculated to misrepresent the characters of the actors mentioned in the biographies we have recorded; but that the Reviewer's statements to that effect have their origin in the unsoundness of the dogmas he has propounded and the falseness of the standards he has erected.

In establishing this proof, we shall occupy as small a space as possible, by selecting for comment such passages only of the Review as can be most easily shown to be erroneous, leaving the value of the rest to be guessed at on a principle similar to that of the old maxim, ex uno disce omnes.

In the May number of the Messenger, in which this Review commences, and about the middle of the second column of p. 259, we find the following

statements:

"It is, we believe, notorious that, in some instances, the stubborn loyalist has presented himself and obtained his pension, along with the sturdy whig, against whom he arrayed himself for combat. In all probability the United States and State Governments have maintained as many of the former class as did Great Britain herself-such is the accessibleness of Congress in this matter," &c.

We presume the Reviewer here means that Congress, in their anxiety that every one who had performed services during the revolution, should be well rewarded for them, were so lax in their investigation of claims, that they granted many pensions and paid away much money to persons totally undeserving, rather than run any risk of allowing any one who really had a just claim, to appeal to them in vain. We sincerely believe that many members of every Congress, since our independence was established, have been impressed with such feelings; but whether it be that such members never happened to be of the Committee on Claims, or from some other cause, we know not; but the fact certainly is, that the difficulties attending the sub

In availing ourself of the permission so kindly granted, of replying through the same channel to the remarks published in this influential periodical, it is not our intention to notice the personalities against us so freely, and we think we may be permitted to say, so wantonly indulged in by the Reviewer. Indeed, to tell the truth, it requires no very great stretch of benevolence on our part to refrain from noticing these attacks, the only aim of which, after all, seems to be to place us in the same category with such men as Webster, Bancroft and Prescott of the present day, and with Hume stantiation of any claim whatever before Congress and Robertson of the last century. And though, doubtless, the Reviewer's references to our supposed delinquencies are more frequent, yet it must be confessed, that his remarks as to the miserable and engrossing selfishness" of the historical writings of the illustrious men of New England, and "the utter worthlessness" of those the still more celebrated Scotchmen are decidedly more pungent and venomous.

are so great and always have been so notorious as to have become at least all but proverbial. This is so much the case, that had we met with the extract above quoted in the pages of some English traveller, such as Hall or Dickens, we could not but have deemed it a rude piece of irony sneeringly directed against the tardy justice of our government.

As the statement of an American Reviewer, even though he be an anonymous one, we can only wonUnder such circumstances and in such company, 'der at the profundity of that audacity which could

well as any body else," this is "an offence which was and still is provocation for a 'blow.'" We would not stand in his shoes for a trifle, unless, indeed, our May friend, and he should turn out to be alter et idem-the same, yet different.

66

induce any man to venture upon an assertion so man: living, as he does, in the region where, as he contrary to the every day experience of us all. A well knows, and as he says we "ought to know, as remarkable instance of these difficulties will be found in the memoir immediately preceding that of "the Cunninghams" in the appendix to "Curwen's Journal, &c." Mr. Lowden a grand nephew of the subject of that memoir, (Admiral J. Paul Jones.) is pressing a claim against Government in behalf of At page 261, we find it stated that "the loyalists the heirs for actual disbursements, pay, rations and of 1775 were not banished for their opinions," that prize money, which accrued to that distinguished "the mouvement party called for nothing so absurd hero of the Revolution: for the liquidation of which as implicit belief in themselves." They called Congress still fails to make an appropriation; and only for quiescence. Stand aloof, remain harmalthough we understand that within the last few less, if you can not go with us,' was the spirit in months a Committee of the House has reported very which they addressed themselves to the loyalists. strongly in favor of it, we do not believe that this But these latter were quite too loyal for such report has as yet been acted on. The fact of its a course. They formed themselves into secret having been made, however, shows very clearly committees, they grew active in counter movethe opinion of the committee as to the justice ments,-kept up a constant intercourse with the of a claim, which has been pending for more than loyal officers, and in various ways gave sufficient half a century, and the tedious prosecution of proof that they would hold no terms with rebelwhich, a few years ago, brought another of the heirs lion. They conveyed direct intelligence to the to the tomb. If that is what the Reviewer calls English officials, and abused the trust reposed in "the accessibleness of Congress in this matter," we their promised or assumed quiescence, to obtain this can only say, that it is a different kind of accessi- intelligence." bleness from what will generally be understood by that somewhat unusual and by no means elegant expression.

In September, 1778, the Council and House of Representatives of the State of Massachusetts passed a bill of attainder against upwards of three

A little further on, in the same page, the Re-hundred of the inhabitants of that State. Of these

viewer says:

upwards of two-thirds had left the country in the "It is a defect and a vice in our histories, that commotions which they saw were about to comspring of 1775, to avoid taking any part in the civil justice has been so seldom done to the Loyalists; that we have suffered the antipathies, engendered by mence. This may have been wrong on their part, but the actual fury of the conflict, to influence our judg-surely they cannot be accused of having “abused ment now that it is over, and have continued those the trust reposed in their promised or assumed quidenunciations, which the recklessness of civil war escence," to carry on a treacherous correspondence deemed it only a proper policy to fulminate, for present objects, long after any necessity remained for the indulgence of such a policy. The time has come, we believe, for the correction of this fault."

with the English officials. And as to the “quiescence" which the Reviewer says was all the mouvement party called for, surely it was “quiescence" enough to expatriate themselves, and to leave the field entirely to those whose opinions differed from their own.

Here is a full and frank admission, on the part of the Reviewer, that our histories have hitherto been, to a certain extent, defective and vicious in Pages 321, 322 and 323 are filled with personthe respect of not having done justice to the loy-alities, to the tone of which we would refer, as showalists, and he is also good enough to say, he believes ing that the Reviewer has not the slightest conthe time has come for the correction of this fault. ception of the characteristic difference between a But in the June number, at page 322, we are told that biography and a general history; between a pri“Mr. Ward and his correspondents must be taught vate journal and an historical disquisition. His that it is too late in the day, (or too soon,) to at- previous notice, at page 258, of Col. Simcoe's Jourtempt to disturb the written and hitherto unques-nal is in itself a sufficient evidence of his ignotioned verdict of history in regard to the persons rance in this respect; and when he is attempting in whose behalf they write." Here is the Review to turn into ridicule Simcoe's destruction of the of June flatly contradicting the Review of May. fleet of boats at Middlebrook, he is manifestly quite The latter says, the time has come for the correc- unable to imagine that such an exploit could be, tion of this fault of our history; the former says by possibility, of the least importance. Generals no! it is either too late or too soon. He is not Washington and La Fayette were of a very different particular as to how the matter stands, but only it opinion, and General Lee, in his " Memoirs of the is not as the other says it is. Verily this is neither War," says, "This enterprise was considered by the quip modest, nor the retort courteous, nor even both armies among the handsomest exploits of the the countercheck quarrelsome, but simply the lie war." In a military matter, we should prefer tadirect. Of a truth, our June Reviewer is a rash king the opinion of these military men; but per

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