_The Foundation of its Authority._
It is said to be founded on an Article of the Const.i.tution of the State, which establishes _the Liberty of the Press_; a Liberty which every Pennsylvanian would fight and die for; tho" few of us, I believe, have distinct Ideas of its Nature and Extent. It seems indeed somewhat like the _Liberty of the Press_ that Felons have, by the Common Law of England, before Conviction, that is, to be _press"d_ to death or hanged.
If by the _Liberty of the Press_ were understood merely the Liberty of discussing the Propriety of Public Measures and political opinions, let us have as much of it as you please: But if it means the Liberty of affronting, calumniating, and defaming one another, I, for my part, own myself willing to part With my Share of it when our Legislators shall please so to alter the Law, and shall cheerfully consent to exchange my _Liberty_ of Abusing others for the _Privilege_ of not being abus"d myself.
_By whom this Court is commissioned or const.i.tuted._
It is not by any Commission from the Supreme Executive Council, who might previously judge of the Abilities, Integrity, Knowledge, &c. of the Persons to be appointed to this great Trust, of deciding upon the Characters and good Fame of the Citizens; for this Court is above that Council, and may _accuse_, _judge_, and _condemn_ it, at pleasure. Nor is it hereditary, as in the Court of _dernier Resort_, in the Peerage of England. But any Man who can procure Pen, Ink, and Paper, with a Press, and a huge pair of BLACKING b.a.l.l.s, may commissionate himself; and his court is immediately established in the plenary Possession and exercise of its rights. For, if you make the least complaint of the _judge"s_ conduct, he daubs his blacking b.a.l.l.s in your face wherever he meets you; and, besides tearing your private character to flitters, marks you out for the odium of the public, as an _enemy to the liberty of the press_.
_Of the natural Support of these Courts._
Their support is founded in the depravity of such minds, as have not been mended by religion, nor improved by good education;
"There is a l.u.s.t in Man no Charm can tame, Of loudly publishing his Neighbour"s Shame."
Hence;
"On Eagle"s Wings immortal Scandals fly, While virtuous Actions are but born and die."
DRYDEN.
Whoever feels pain in hearing a good character of his neighbour, will feel a pleasure in the reverse. And of those who, despairing to rise into distinction by their virtues, are happy if others can be depressed to a level with themselves, there are a number sufficient in every great town to maintain one of these courts by their subscriptions. A shrewd observer once said, that, in walking the streets in a slippery morning, one might see where the good-natured people lived by the ashes thrown on the ice before their doors; probably he would have formed a different conjecture of the temper of those whom he might find engaged in such a subscription.
_Of the Checks proper to be established against the Abuse of Power in these Courts._
Hitherto there are none. But since so much has been written and published on the federal Const.i.tution, and the necessity of checks in all other parts of good government has been so clearly and learnedly explained, I find myself so far enlightened as to suspect some check may be proper in this part also; but I have been at a loss to imagine any that may not be construed an infringement of the sacred _liberty of the press_. At length, however, I think I have found one that, instead of diminishing general liberty, shall augment it; which is, by restoring to the people a species of liberty, of which they have been deprived by our laws, I mean the _liberty of the cudgel_. In the rude state of society prior to the existence of laws, if one man gave another ill language, the affronted person would return it by a box on the ear, and, if repeated, by a good drubbing; and this without offending against any law. But now the right of making such returns is denied, and they are punished as breaches of the peace; while the right of abusing seems to remain in full force, the laws made against it being rendered ineffectual by the _liberty of the press_.
My proposal then is, to leave the liberty of the press untouched, to be exercised in its full extent, force, and vigor; but to permit the _liberty of the cudgel_ to go with it _pari pa.s.su_. Thus, my fellow-citizens, if an impudent writer attacks your reputation, dearer to you perhaps than your life, and puts his name to the charge, you may go to him as openly and break his head. If he conceals himself behind the printer, and you can nevertheless discover who he is, you may in like manner way-lay him in the night, attack him behind, and give him a good drubbing. Thus far goes my project as to _private_ resentment and retribution. But if the public should ever happen to be affronted, _as it ought to be_, with the conduct of such writers, I would not advise proceeding immediately to these extremities; but that we should in moderation content ourselves with tarring and feathering, and tossing them in a blanket.
If, however, it should be thought that this proposal of mine may disturb the public peace, I would then humbly recommend to our legislators to take up the consideration of both liberties, that of the _press_, and that of the _cudgel_, and by an explicit law mark their extent and limits; and, at the same time that they secure the person of a citizen from _a.s.saults_, they would likewise provide for the security of his _reputation_.
AN ADDRESS TO THE PUBLIC
From the Pennsylvania Society for Promoting the Abolition of Slavery, and the Relief of Free Negroes Unlawfully Held in Bondage.[134]
It is with peculiar satisfaction we a.s.sure the friends of humanity, that, in prosecuting the design of our a.s.sociation, our endeavours have proved successful, far beyond our most sanguine expectations.
Encouraged by this success, and by the daily progress of that luminous and benign spirit of liberty, which is diffusing itself throughout the world, and humbly hoping for the continuance of the divine blessing on our labours, we have ventured to make an important addition to our original plan, and do therefore earnestly solicit the support and a.s.sistance of all who can feel the tender emotions of sympathy and compa.s.sion, or relish the exalted pleasure of beneficence.
Slavery is such an atrocious debas.e.m.e.nt of human nature, that its very extirpation, if not performed with solicitous care, may sometimes open a source of serious evils.
The unhappy man, who has long been treated as a brute animal, too frequently sinks beneath the common standard of the human species. The galling chains, that bind his body, do also fetter his intellectual faculties, and impair the social affections of his heart. Accustomed to move like a mere machine, by the will of a master, reflection is suspended; he has not the power of choice; and reason and conscience have but little influence over his conduct, because he is chiefly governed by the pa.s.sion of fear. He is poor and friendless; perhaps worn out by extreme labour, age, and disease.
Under such circ.u.mstances, freedom may often prove a misfortune to himself, and prejudicial to society.
Attention to emanc.i.p.ated black people, it is therefore to be hoped, will become a branch of our national policy; but, as far as we contribute to promote this emanc.i.p.ation, so far that attention is evidently a serious duty inc.u.mbent on us, and which we mean to discharge to the best of our judgment and abilities.
To instruct, to advise, to qualify those, who have been restored to freedom, for the exercise and enjoyment of civil liberty, to promote in them habits of industry, to furnish them with employments suited to their age, s.e.x, talents, and other circ.u.mstances, and to procure their children an education calculated for their future situation in life; these are the great outlines of the annexed plan, which we have adopted, and which we conceive will essentially promote the public good, and the happiness of these our hitherto too much neglected fellow-creatures.
A plan so extensive cannot be carried into execution without considerable pecuniary resources, beyond the present ordinary funds of the Society. We hope much from the generosity of enlightened and benevolent freemen, and will gratefully receive any donations or subscriptions for this purpose, which may be made to our treasurer, James Starr, or to James Pemberton, chairman of our committee of correspondence.
Signed, by order of the Society, B. FRANKLIN, _President_.
Philadelphia, 9th of November, 1789.
TO DAVID HARTLEY
Philad^a, Dec^r 4, 1789.
MY VERY DEAR FRIEND,
I received your Favor of August last. Your kind Condolences on the painful State of my Health are very obliging. I am thankful to G.o.d, however, that, among the numerous Ills human Life is subject to, one only of any Importance is fallen to my Lot; and that so late as almost to insure that it can be but of short Duration.
The Convulsions in France are attended with some disagreable Circ.u.mstances; but if by the Struggle she obtains and secures for the Nation its future Liberty, and a good Const.i.tution, a few Years"
Enjoyment of those Blessings will amply repair all the Damages their Acquisition may have occasioned.[135] G.o.d grant, that not only the Love of Liberty, but a thorough Knowledge of the Rights of Man, may pervade all the Nations of the Earth, so that a Philosopher may set his Foot anywhere on its Surface, and say, "This is my Country."
Your Wishes for a cordial and perpetual Friendship between Britain and her ancient Colonies are manifested continually in every one of your Letters to me; something of my Disposition on the same Subject may appear to you in casting your Eye over the enclosed Paper. I do not by this Opportunity send you any of our Gazettes, because the Postage from Liverpool would be more than they are worth. I can now only add my best Wishes of every kind of Felicity for the three amiable Hartleys, to whom I have the honor of being an affectionate friend and most obedient humble servant,
[B. FRANKLIN.]
TO EZRA STILES[136]
Philad^a, March 9, 1790.
REVEREND AND DEAR SIR,
I received your kind Letter of Jan"y 28, and am glad you have at length received the portrait of Gov"r Yale from his Family, and deposited it in the College Library. He was a great and good Man, and had the Merit of doing infinite Service to your Country by his Munificence to that Inst.i.tution. The Honour you propose doing me by placing mine in the same Room with his, is much too great for my Deserts; but you always had a Partiality for me, and to that it must be ascribed. I am however too much obliged to Yale College, the first learned Society that took Notice of me and adorned me with its Honours, to refuse a Request that comes from it thro" so esteemed a Friend. But I do not think any one of the Portraits you mention, as in my Possession, worthy of the Place and Company you propose to place it in. You have an excellent Artist lately arrived. If he will undertake to make one for you, I shall cheerfully pay the Expence; but he must not delay setting about it, or I may slip thro" his fingers, for I am now in my eighty-fifth year, and very infirm.
I send with this a very learned Work, as it seems to me, on the antient Samaritan Coins, lately printed in Spain, and at least curious for the Beauty of the Impression. Please to accept it for your College Library.
I have subscribed for the Encyclopaedia now printing here, with the Intention of presenting it to the College. I shall probably depart before the Work is finished, but shall leave Directions for its Continuance to the End. With this you will receive some of the first numbers.
You desire to know something of my Religion. It is the first time I have been questioned upon it. But I cannot take your Curiosity amiss, and shall endeavour in a few Words to gratify it. Here is my Creed. I believe in one G.o.d, Creator of the Universe. That he governs it by his Providence. That he ought to be worshipped. That the most acceptable Service we render to him is doing good to his other Children. That the soul of Man is immortal, and will be treated with Justice in another Life respecting its Conduct in this. These I take to be the fundamental Principles of all sound Religion, and I regard them as you do in whatever Sect I meet with them.
As to Jesus of Nazareth, my Opinion of whom you particularly desire, I think the System of Morals and his Religion, as he left them to us, the best the World ever saw or is likely to see; but I apprehend it has received various corrupting Changes, and I have, with most of the present Dissenters in England, some Doubts as to his Divinity; tho" it is a question I do not dogmatize upon, having never studied it, and think it needless to busy myself with it now, when I expect soon an Opportunity of knowing the Truth with less Trouble. I see no harm, however, in its being believed, if that Belief has the good Consequence, as probably it has, of making his Doctrines more respected and better observed; especially as I do not perceive, that the Supreme takes it amiss, by distinguishing the Unbelievers in his Government of the World with any peculiar Marks of his Displeasure.
I shall only add, respecting myself, that, having experienced the Goodness of that Being in conducting me prosperously thro" a long life, I have no doubt of its Continuance in the next, though without the smallest Conceit of meriting such Goodness. My Sentiments on this Head you will see in the Copy of an old Letter enclosed, which I wrote in answer to one from a zealous Religionist, whom I had relieved in a paralytic case by electricity, and who, being afraid I should grow proud upon it, sent me his serious though rather impertinent Caution. I send you also the Copy of another Letter, which will shew something of my Disposition relating to Religion. With great and sincere Esteem and Affection, I am, Your obliged old Friend and most obedient humble Servant
B. FRANKLIN.
P.S. Had not your College some Present of Books from the King of France?
Please to let me know, if you had an Expectation given you of more, and the Nature of that Expectation? I have a Reason for the Enquiry.