In ill.u.s.trating this argument, he quotes a pa.s.sage of natural history from Aristotle, concerning a species of insects on the banks of the river Hypanis, that never outlive the day in which they are born.
To pursue the thought of this elegant writer, let us suppose one of the most robust of these _Hypanians_, so famed in history, was in a manner coeval with time itself; that he began to exist at break of day, and that, from the uncommon strength of his const.i.tution, he has been able to show himself active in life, through the numberless minutes of ten or twelve hours. Through so long a series of seconds, he must have acquired vast wisdom in his way, from observation and experience.
He looks upon his fellow-creatures who died about noon to be happily delivered from the many inconveniences of old age; and can, perhaps, recount to his great grandson a surprising tradition of actions before any records of their nation were extant. The young swarm of Hypanians, who may be advanced one hour in life, approach his person with respect, and listen to his improving discourse. Everything he says will seem wonderful to their short lived generation. The compa.s.s of a day will be esteemed the whole duration of time; and the first dawn of light will, in their chronology, be styled the great era of their creation.
Let us now suppose this venerable insect, this _Nestor_ of _Hypania_, should, a little before his death, and about sunset, send for all his descendants, his friends and his acquaintances, out of the desire he may have to impart his last thoughts to them, and to admonish them with his departing breath. They meet, perhaps, under the s.p.a.cious shelter of a mushroom, and the dying sage addresses himself to them after the following manner:
"Friends and fellow-citizens! I perceive the longest life must, however, end: the period of mine is now at hand; neither do I repine at my fate, since my great age has become a burden to me, and there is nothing new to me under the sun: the changes and revolutions I have seen in my country, the manifold private misfortunes to which we are all liable, the fatal diseases incident to our race, have abundantly taught me this lesson, that no happiness can be secure and lasting which is placed in things that are out of our power. Great is the uncertainty of life! A whole brood of our infants have perished in a moment by a keen blast!
Shoals of our straggling youth have been swept into the ocean by an unexpected breeze! What wasteful desolation have we not suffered from the deluge of a sudden shower! Our strongest holds are not proof against a storm of hail, and even a dark cloud damps the very stoutest heart.
"I have lived in the first ages, and conversed with insects of a larger size and stronger make, and, I must add, of greater virtue than any can boast of in the present generation. I must conjure you to give yet further credit to my latest words, when I a.s.sure you that yonder sun, which now appears westward, beyond the water, and seems not to be far distant from the earth, in my remembrance stood in the middle of the sky, and shot his beams directly down upon us. The world was much more enlightened in those ages, and the air much warmer. Think it not dotage in me if I affirm that glorious being moves: I saw his first setting out in the east, and I began my race of life near the time when he began his immense career. He has for several ages advanced along the sky with vast heat and unparalleled brightness; but now, by his declination and a sensible decay, more especially of late, in his vigour, I foresee that all nature must fall in a little time, and that the creation will lie buried in darkness in less than a century of minutes.
"Alas! my friends, how did I once flatter myself with the hopes of abiding here forever! how magnificent are the cells which I hollowed out for myself! what confidence did I repose in the firmness and spring of my joints, and in the strength of my pinions! _But I have lived long enough to nature, and even to glory._ Neither will any of you, whom I leave behind, have equal satisfaction in life, in the dark declining age which I see is already begun."
Thus far this agreeable unknown writer--too agreeable, we may hope, to remain always concealed. The fine allusion to the character of _Julius Caesar_, whose words he has put into the mouth of this ill.u.s.trious son of _Hypanis_, is perfectly just and beautiful, and aptly points out the moral of this inimitable piece, the design of which would have been quite perverted, had a virtuous character, a _Cato_ or a _Cicero_, been made choice of to have been turned into ridicule. Had this _life of a day_ been represented as employed in the exercise of virtue, it would have an equal dignity with a life of any limited duration, and, according to the exalted sentiments of Tully, would have been preferable to an immortality filled with all the pleasures of sense, if void of those of a higher kind: but as the views of this vainglorious insect were confined within the narrow circle of his own existence, as he only boasts the magnificent cells he has built and the length of happiness he has enjoyed, he is the proper emblem of all such insects of the human race, whose ambition does not extend beyond the like narrow limits; and notwithstanding the splendour they appear in at present, they will no more deserve the regard of posterity than the b.u.t.terflies of the last spring. In vain has history been taken up in describing the numerous swarms of this mischievous species which has infested the earth in the successive ages: now it is worth the inquiry of the virtuous, whether the _Rhine_ or the _Adige_ may not, perhaps, swarm with them at present, as much as the banks of the _Hypanis_; or whether that silver rivulet, the _Thames_, may not show a specious molehill, covered with inhabitants of the like dignity and importance. The busy race of beings attached to these fleeting enjoyments are indeed all of them engaged in the pursuit of happiness, and it is owing to their imperfect notions of it that they stop so far short in their pursuit. The present prospect of pleasure seems to bound their views, and the more distant scenes of happiness, when what they now propose shall be attained, do not strike their imagination. It is a great stupidity or thoughtlessness not to perceive that the happiness of rational creatures is inseparably connected with immortality. Creatures only endowed with sensation may in a low sense be reputed happy, so long as their sensations are pleasing; and if these pleasing sensations are commensurate with the time of their existence, this measure of happiness is complete. But such beings as are endowed with _thought_ and _reflection_ cannot be made happy by any limited term of happiness, how great soever its duration may be. The more exquisite and more valuable their enjoyments are, the more painful must be the thought that they are to have an end; and this pain of expectation must be continually increasing, the nearer the end approaches. And if these beings are themselves immortal, and yet insecure of the continuance of their happiness, the case is far worse, since an eternal void of delight, if not to say a state of misery, must succeed. It would be here of no moment, whether the time of their happiness were measured by _days_ or _hours_, by _months_ or _years_, or by _periods_ of the most immeasurable length: these swiftly-flowing streams bear no proportion to that ocean of infinity where they must finish their course. The longest duration of finite happiness avails nothing when it is past: nor can the memory of it have any other effect than to renew a perpetual pining after pleasures never to return; and since virtue is the only pledge and security of a happy immortality, the folly of sacrificing it to any temporal advantage, how important soever they may appear, must be infinitely great, and cannot but leave behind it an eternal regret.
ON SMUGGLING, AND ITS VARIOUS SPECIES.
Sir,--There are many people that would be thought, and even think themselves, _honest_ men, who fail nevertheless in particular points of honesty; deviating from that character sometimes by the prevalence of mode or custom, and sometimes through mere inattention, so that their _honesty_ is partial only, and not _general_ or universal. Thus one who would scorn to overreach you in a bargain, shall make no scruple of tricking you a little now and then at cards: another, that plays with the utmost fairness, shall with great freedom cheat you in the sale of a horse. But there is no kind of dishonesty into which otherwise good people more easily and frequently fall, than that of defrauding government of its revenues by smuggling when they have an opportunity, or encouraging smugglers by buying their goods.
I fell into these reflections the other day, on hearing two gentlemen of reputation discoursing about a small estate, which one of them was inclined to sell and the other to buy; when the seller, in recommending the place, remarked, that its situation was very advantageous on this account, that, being on the seacoast in a smuggling country, one had frequent opportunities of buying many of the expensive articles used in a family (such as tea, coffee, chocolate, brandy, wines, cambrics, Brussels laces, French silks, and all kinds of India goods) 20, 30, and, in some articles, 50 _per cent._ cheaper than they could be had in the more interior parts, of traders that paid duty. The other _honest_ gentleman allowed this to be an advantage, but insisted that the seller, in the advanced price he demanded on that account, rated the advantage much above its value. And neither of them seemed to think dealing with smugglers a practice that an _honest_ man (provided he got his goods cheap) had the least reason to be ashamed of.
At a time when the load of our public debt, and the heavy expense of maintaining our fleets and armies to be ready for our defence on occasion, makes it necessary not only to continue old taxes, but often to look out for new ones, perhaps it may not be unuseful to state this matter in a light that few seem to have considered it in.
The people of Great Britain, under the happy const.i.tution of this country, have a privilege few other countries enjoy, that of choosing the third branch of the legislature, which branch has alone the power of regulating their taxes. Now, whenever the government finds it necessary for the common benefit, advantage, and safety of the nation, for the security of our liberties, property, religion, and everything that is dear to us, that certain sums shall be yearly raised by taxes, duties, &c., and paid into the public treasury, thence to be dispensed by government for those purposes, ought not every _honest man_ freely and willingly to pay his just proportion of this necessary expense? Can he possibly preserve a right to that character, if by fraud, stratagem, or contrivance, he avoids that payment in whole or in part?
What should we think of a companion who, having supped with his friends at a tavern, and partaken equally of the joys of the evening with the rest of us, would nevertheless contrive by some artifice to shift his share of the reckoning upon others, in order to go off scot-free? If a man who practised this would, when detected, be deemed and called a scoundrel, what ought he to be called who can enjoy all the inestimable benefits of public society, and yet, by smuggling or dealing with smugglers, contrive to evade paying his just share of the expense, as settled by his own representatives in parliament, and wrongfully throw it upon his honest and, perhaps, much poorer neighbours? He will, perhaps, be ready to tell me that he does not wrong his neighbours; he scorns the imputation; he only cheats the king a little, who is very able to bear it. This, however, is a mistake. The public treasure is the treasure of the nation, to be applied to national purposes. And when a duty is laid for a particular public and necessary purpose, if, through smuggling, that duty falls short of raising the sum required, and other duties must therefore be laid to make up the deficiency, all the additional sum laid by the new duties and paid by other people, though it should amount to no more than a halfpenny or a farthing per head, is so much actually picked out of the pockets of those other people by the smugglers and their abettors and encouragers. Are they, then, any better or other than pickpockets? and what mean, low, rascally pickpockets must those be that can pick pockets for halfpence and for farthings?
I would not, however, be supposed to allow, in what I have just said, that cheating the king is a less offence against honesty than cheating the public. The king and the public, in this case, are different names for the same thing; but if we consider the king distinctly it will not lessen the crime: it is no justification of a robbery, that the person robbed was rich and able to bear it. The king has as much right to justice as the meanest of his subjects; and as he is truly the common _father_ of his people, those that rob him fall under the Scripture we p.r.o.nounced against the son _that robbeth his father and saith it is no sin_.
Mean as this practice is, do we not daily see people of character and fortune engaged in it for trifling advantages to themselves? Is any lady ashamed to request of a gentleman of her acquaintance, that, when he returns from abroad, he would smuggle her home a piece of silk or lace from France or Flanders? Is any gentleman ashamed to undertake and execute the commission? Not in the least. They will talk of it freely, even before others whose pockets they are thus contriving to pick by this piece of knavery.
Among other branches of the revenue, that of the post office is, by a late law, appropriated to the discharge of our public debt, to defray the expenses of the state. None but members of parliament and a few public officers have now a right to avoid, by a frank, the payment of postage. When any letter, not written by them or on their business, is franked by any of them, it is a hurt to the revenue, an injury which they must now take the pains to conceal by writing the whole superscription themselves. And yet such is our insensibility to justice in this particular, that nothing is more common than to see, even in a reputable company, a _very honest_ gentleman or lady declare his or her intention to cheat the nation of threepence by a frank, and, without blushing, apply to one of the very legislators themselves, with a modest request that he would be pleased to become an accomplice in the crime and a.s.sist in the perpetration.
There are those who, by these practices, take a great deal in a year out of the public purse, and put the money into their own private pockets.
If, pa.s.sing through a room where public treasure is deposited, a man takes the opportunity of clandestinely pocketing and carrying off a guinea, is he not truly and properly a thief? And if another evades paying into the treasury a guinea he ought to pay in, and applies it to his own use, when he knows it belongs to the public as much as that which has been paid in, what difference is there in the nature of the crime or the baseness of committing it?
REMARKS CONCERNING THE SAVAGES OF NORTH AMERICA.
Savages we call them, because their manners differ from ours, which we think the perfection of civility; they think the same of theirs.
Perhaps, if we could examine the manners of different nations with impartiality, we should find no people so rude as to be without any rules of politeness, nor any so polite as not to have some remains of rudeness.
The Indian men, when young, are hunters and warriors; when old, counsellors; for all their government is by the council or advice of the sages. There is no force, there are no prisons, no officers to compel obedience or inflict punishment. Hence they generally study oratory, the best speaker having the most influence. The Indian women till the ground, dress the food, nurse and bring up the children, and preserve and hand down to posterity the memory of public transactions. These employments of men and women are accounted natural and honourable.
Having few artificial wants, they have abundance of leisure for improvement by conversation. Our laborious manner of life, compared with theirs, they esteem slavish and base; and the learning on which we value ourselves, they regard as frivolous and useless. An instance of this occurred at the treaty of Lancaster, in Pennsylvania, anno 1744, between the government of Virginia and the Six Nations. After the princ.i.p.al business was settled, the commissioners from Virginia acquainted the Indians, by a speech, that there was at Williamsburgh a college, with a fund for educating Indian youth; and that, if the chiefs of the Six Nations would send down half a dozen of their sons to that college, the government would take care that they should be well provided for, and instructed in all the learning of the white people. It is one of the Indian rules of politeness not to answer a public proposition the same day that it is made; they think it would be treating it as a light matter, and that they show it respect by taking time to consider it, as of a matter important. They therefore deferred their answer till the day following, when their speaker began by expressing their deep sense of the kindness of the Virginia government in making them that offer; "for we know," says he, "that you highly esteem the kind of learning taught in those colleges, and that the maintenance of our young men, while with you, would be very expensive to you. We are convinced, therefore, that you mean to do us good by your proposal; and we thank you heartily. But you, who are wise, must know that different nations have different conceptions of things; and you will therefore not take it amiss if our ideas of this kind of education happen not to be the same with yours. We have had some experience of it: several of our young people were formerly brought up at the colleges of the northern provinces; they were instructed in all your sciences; but when they came back to us, they were bad runners, ignorant of every means of living in the woods, unable to bear either cold or hunger, knew neither how to build a cabin, take a deer, nor kill an enemy, spoke our language imperfectly, were therefore neither fit for hunters, warriors, nor counsellors; they were totally good for nothing. We are, however, not the less obliged by your kind offer, though we decline accepting it; and, to show our grateful sense of it, if the gentlemen of Virginia will send us a dozen of their sons, we will take great care of their education, instruct them in all we know, and make _men_ of them."
Having frequent occasions to hold public councils, they have acquired great order and decency in conducting them. The old men sit in the foremost ranks, the warriors in the next, and the women and children in the hindmost. The business of the women is to take exact notice of what pa.s.ses, imprint it in their memories, for they have no writing, and communicate it to their children. They are the records of the council, and they preserve the tradition of the stipulations in treaties a hundred years back; which, when we compare with our writings, we always find exact. He that would speak, rises. The rest observe a profound silence. When he has finished and sits down, they leave him five or six minutes to recollect, that, if he has omitted anything he intended to say, or has anything to add, he may rise again and deliver it. To interrupt another, even in common conversation, is reckoned highly indecent. How different this is from the conduct of a polite British House of Commons, where scarce a day pa.s.ses without some confusion that makes the speaker hoa.r.s.e in calling _to order_; and how different from the mode of conversation in many polite companies of Europe, where, if you do not deliver your sentence with great rapidity, you are cut off in the middle of it by the impatient loquacity of those you converse with, and never suffered to finish it!
The politeness of these savages in conversation is indeed carried to excess, since it does not permit them to contradict or deny the truth of what is a.s.serted in their presence. By this means they indeed avoid disputes, but then it becomes difficult to know their minds, or what impression you make upon them. The missionaries who have attempted to convert them to Christianity all complain of this as one of the great difficulties of their mission. The Indians hear with patience the truths of the gospel explained to them, and give their usual tokens of a.s.sent and approbation: you would think they were convinced. No such matter. It is mere civility.
A Swedish minister, having a.s.sembled the chiefs of the Susquehanna Indians, made a sermon to them, acquainting them with the princ.i.p.al historical facts on which our religion is founded; such as the fall of our first parents by eating an apple; the coming of Christ to repair the mischief; his miracles and sufferings, &c. When he had finished, an Indian orator stood up to thank him. "What you have told us," says he, "is all very good. We are much obliged by your kindness in coming so far to tell us those things which you have heard from your mothers. In return, I will tell you some of those we have heard from ours.
"In the beginning, our fathers had only the flesh of animals to subsist on, and if their hunting was unsuccessful, they were starving. Two of our young hunters, having killed a deer, made a fire in the woods to broil some parts of it. When they were about to satisfy their hunger, they beheld a beautiful young woman descend from the clouds, and seat herself on that hill which you see yonder among the Blue Mountains. They said to each other, it is a spirit that perhaps has smelt our broiling venison, and wishes to eat of it: let us offer some to her. They presented her with the tongue: she was pleased with the taste of it, and said, Your kindness shall be rewarded; come to this place after thirteen moons, and you shall find something that will be of great benefit in nourishing you and your children to the latest generations. They did so, and, to their surprise, found plants they had never seen before, but which, from that ancient time, have been constantly cultivated among us, to our great advantage. Where her right hand had touched the ground, they found maize; where her left hand had touched it, they found kidney-beans; and where she had sat on it, they found tobacco." The good missionary, disgusted with this idle tale, said, "What I delivered to you were sacred truths, but what you tell me is mere fable, fiction, and falsehood." The Indian, offended, replied, "My brother, it seems your friends have not done you justice in your education; they have not well instructed you in the rules of common civility. You saw that we, who understand and practise those rules, believed all your stories; why do you refuse to believe ours?"
When any of them come into our towns, our people are apt to crowd around them, gaze upon them, and incommode them where they desire to be private; this they esteem great rudeness, and the effect of the want of instruction in the rules of civility and good manners. "We have," say they "as much curiosity as you; and when you come into our towns, we wish for opportunities of looking at you; but for this purpose, we hide ourselves behind bushes, where you are to pa.s.s, and never intrude ourselves into your company."
Their manner of entering one another"s villages has likewise its rules.
It is reckoned uncivil in travelling strangers to enter a village abruptly, without giving notice of their approach. Therefore, as soon as they arrive within hearing, they stop and halloo, remaining there till invited to enter. Two old men usually come out to them and lead them in.
There is in every village a vacant dwelling called the strangers" house.
Here they are placed, while the old men go round from hut to hut, acquainting the inhabitants that strangers are arrived, who are probably hungry and weary; and every one sends them what he can spare of victuals, and skins to repose on. When the strangers are refreshed, pipes and tobacco are brought, and then, but not before, conversation begins, with inquiries who they are, whither bound, what news, &c, and it usually ends with offers of service if the strangers have occasion for guides, or any necessaries for continuing their journey; and nothing is exacted for the entertainment.
ON FREEDOM OF SPEECH AND THE PRESS.
Freedom of speech is a princ.i.p.al pillar of a free government: when this support is taken away, the const.i.tution of a free society is dissolved, and tyranny is erected on its ruins. Republics and limited monarchies derive their strength and vigour from a popular examination into the actions of the magistrates; this privilege, in all ages, has been, and always will be, abused. The best of men could not escape the censure and envy of the times they lived in. Yet this evil is not so great as it may appear at first sight. A magistrate who sincerely aims at the good of society will always have the inclinations of a great majority on his side, and an impartial posterity will not fail to render him justice.
Those abuses of the freedom of speech are the exercises of liberty. They ought to be repressed; but to whom dare we commit the care of doing it?
An evil magistrate, intrusted with power to _punish for words_, would be armed with a weapon the most destructive and terrible. Under pretence of pruning off the exuberant branches, he would be apt to destroy the tree.
It is certain that he who robs another of his moral reputation, more richly merits a gibbet than if he had plundered him of his purse on the highway. _Augustus Caesar_, under the specious pretext of preserving the character of the Romans from defamation, introduced the law whereby libelling was involved in the penalties of treason against the state.
This law established his tyranny; and for one mischief which it prevented, ten thousand evils, horrible and afflicting, sprung up in its place. Thenceforward every person"s life and fortune depended on the vile breath of informers. The construction of words being arbitrary, and left to the decision of the judges, no man could write or open his mouth without being in danger of forfeiting his head.
One was put to death for inserting in his history the praises of Brutus.
Another for styling Ca.s.sius the last of the Romans. Caligula valued himself for being a notable dancer; and to deny that he excelled in that manly accomplishment was high treason. This emperor raised his horse, the name of which was _Incitatus_, to the dignity of consul; and though history is silent, I do not question but it was a capital crime to show the least contempt for that high officer of state! Suppose, then, any one had called the prime minister a _stupid animal_, the emperor"s council might argue that the malice of the libel was the more aggravated by its being true, and, consequently, more likely to excite the _family of this ill.u.s.trious magistrate_ to a breach of the peace or to acts of revenge. Such a prosecution would to us appear ridiculous; yet, if we may rely upon tradition, there have been formerly proconsuls in America, though of more malicious dispositions, hardly superior in understanding to the consul _Incitatus_, and who would have thought themselves libelled to be called by their _proper names_.
_Nero_ piqued himself on his fine voice and skill in music: no doubt a laudable ambition! He performed in public, and carried the prize of excellence. It was afterward resolved by all the judges as good law, that whosoever would _insinuate_ the least doubt of Nero"s pre-eminence in the _n.o.ble art of fiddling_ ought to be deemed a traitor to the state.
By the help of inferences and innuendoes, treasons multiplied in a prodigious manner. Grief was treason: a lady of n.o.ble birth was put to death for bewailing the death of her _murdered son_: silence was declared an _overt act_ to prove the treasonable purposes of the heart: looks were construed into treason: a serene, open aspect was an evidence that the person was pleased with the calamities that befel the emperor: a severe, thoughtful countenance was urged against the man that wore it as a proof of his plotting against the state: _dreams_ were often made capital offences. A new species of informers went about Rome, insinuating themselves into all companies to fish out their dreams, which the priests (oh nefarious wickedness!) interpreted into high treason. The Romans were so terrified by this strange method of juridical and penal process, that, far from discovering their dreams, they durst not own that they slept. In this terrible situation, when every one had so much cause to fear, even _fear_ itself was made a crime. Caligula, when he put his brother to death, gave it as a reason to the Senate that the youth was afraid of being murdered. To be eminent in any virtue, either civil or military, was the greatest crime a man could be guilty of. _O virtutes certissemum exitium._[4]
[4] Oh virtue! the most certain ruin.
These were some of the effects of the Roman law against libelling: those of the British kings that aimed at despotic power or the oppression of the subject, continually encouraged prosecutions for words.
Henry VII., a prince mighty in politics, procured that act to be pa.s.sed whereby the jurisdiction of the Star Chamber was confirmed and extended.
Afterward Empson and Dudley, two voracious dogs of prey, under the protection of this high court, exercised the most merciless acts of oppression. The subjects were terrified from uttering their griefs while they saw the thunder of the Star Chamber pointed at their heads. This caution, however, could not prevent several dangerous tumults and insurrections; for when the tongues of the people are restrained, they commonly discharge their resentments by a more dangerous organ, and break out into open acts of violence.
During the reign of Henry VIII., a high-spirited monarch! every light expression which happened to displease him was construed by his supple judges into a libel, and sometimes extended to high treason. When Queen Mary, of cruel memory, ascended the throne, the Parliament, in order to raise a _fence_ against the violent prosecutions for words, which had rendered the lives, liberties, and properties of all men precarious, and, perhaps, dreading the furious persecuting spirit of this princess, pa.s.sed an act whereby it was declared, "That if a libeller doth go so high as to libel against king or queen by denunciation, the judges shall lay no greater fine on him than one hundred pounds, with two months"
imprisonment, and no corporeal punishment: neither was this sentence to be pa.s.sed on him except the accusation was fully proved by two witnesses, who were to produce a certificate of their good demeanour for the credit of their report."
This act was confirmed by another, in the seventh year of the reign of Queen Elizabeth; only the penalties were heightened to two hundred pounds and three months" imprisonment. Notwithstanding she rarely punished invectives, though the malice of the papists was indefatigable in blackening the brightest characters with the most impudent falsehoods, she was often heard to applaud that rescript of _Theodosius_. If any person spoke ill of the emperor through a foolish rashness and inadvertence, it is to be despised; if out of madness, it deserves pity; if from malice and aversion, it calls for mercy.
Her successor, King James I., was a prince of a quite different genius and disposition; he used to say, that while he had the power of making judges and bishops, _he could have what law and gospel he pleased_.
Accordingly, he filled those places with such as prost.i.tuted their professions to his notions of prerogative. Among this number, and I hope it is no discredit to the profession of the law, its great oracle, _Sir Edward c.o.ke_, appears. The Star Chamber, which in the time of Elizabeth had gained a good repute, became an intolerable grievance in the reign of this _learned monarch_.