CHAP. I. ARTICLE 1st of the BILL of RIGHTS.

"ALL men are by nature equally free and in­dependent, and have certain inherent rights of which when they enter into a state of society, they cannot by any compact, deprive or divest their posterity; namely, the enjoyment of life and liber­ty, with the means of acquiring and possessing pro­perty, and pursuing and obtaining happiness and safety."

This, my countrymen, was the language of Vir­ginia assembled in full and free convention in 1776, —when the recent experience of arbitrary power awakened in every patriotic breast a determined opposition to Despotism,—when Americans had said they would be FREE. How forcible the ex­pression—how pointed the sentiments this article contains!—It will ever reflect honor upon those worthy patriots who composed it, and upon the people whose exertions in its support proved their attachment to its principles—who under the im­pressions of such principles fought and bled suc­cessfully.

Yes, "all men by nature are equally free and independent," and the history of mankind evinces [Page 6]that all distinctions, titles and ensigns of royalty have originated in the slavery of one party and des­potism of another. While the principles of liber­ty were well understood, mankind preserved their freedom and independence. But when tyrants rose up and would enslave the world, they began by taking advantage of the superstition of the croud, by locking up the fountains of wisdom and cover­ing the human mind with a veil of ignorance.— They knew the force of light and truth, and by degrees substituted in their place ignorance and er­ror. They persuaded to conquest and rapine, and introduced the custom of rendering neighbouring nations, tributary. Soon after the custom or ma­king slaves of the conquered obtained, and this was attended with the most pernicious effects. Accustomed to behold others in a state of vassal­age, the genuine principles of liberty began to be corrupted. Mankind soon doubted whether liber­ty was essential to happiness; and the poorer class often sold themselves. By the habit of associating together, the servile spirit encreased. A few by degrees became possessed of greater power, which encreased as their wealth was augmented, till at length they ruled with despotic sway. The multi­tude ignorant and inattentive glided imperceptibly to the lowest state of vassalage, and not a trace of their former situation remained. Tyrants imagin­ing themselves secure, proceeded to more open and violent acts of despotism. Sometimes indeed a po­et would sing the lost liberty of his countrymen, and in plaintive strains bemoan their unhappy si­tuation; [Page 7]but he was obliged to use figures and me­taphors, and couch his meaning under such ob­scure representations, as could be understood but by few, and were therefore totally useless to the generality of mankind.

Here then we see the great importance of a ge­neral diffusion of knowledge, and the great dan­ger of tolerating slavery in any country.

Could any man have supposed the state which had adopted this as the first article in her Bill of Rights, "all men are hy nature equally free and independent," should not before this time have provided for the emancipation of slaves? That the state which in the preamble to her constitution states as an instance of royal misrule, "prompting our Negroes to rise up in arms against us, those very Negroes whom by an inhuman use of his ne­gative, he hath refused us permission to exclude by law," should have been nineteen years inde­pendent, and yet passed no effectual act for the abolition of slavery? Is it material to state in a bill of rights that all men by nature are equally free and independent, and yet shall one half of the community be continued in slavery? Have all men certain inherent rights, of which when they enter into a state of society they cannot deprive or divest their posterity, and shall some be born slaves? Have all men a right to the enjoyment of life and liberty, the means of acquiring and possessing pro­perty, and shall some be neither free, acquire pro­perty, nor possess it? Have all a right to be tried by an impartial jury of twelve men of their vicin­age, [Page 8]and shall four justices of the peace constitute a court, to try and condemn one half of the com­munity?—And is not this the situation of the slaves in Virginia? Her legislature suffers it to be so; yea they refuse permission to bring in a bill for emancipation: My Countrymen, let us not make a hypocritical declaration of a Bill of Rights.

The advantages resulting to Virginia from the emancipation of slaves may be estimated by a com­parison of her situation with that of the neighbour­ing states who have abolished slavery.—I leave the reader to form his own conclusions by making the comparison himself.

The disadvantages attendant on the toleration of slavery are numerous, obvious to every observer, and in every man's mouth. It is injurious to eve­ry interest civil and religious, pernicious to the morals of the people, promotive of arrogance, in­dolence, impatience and extravagance,—It impo­verishes the community, promotes distinctions odi­ous and abominable, destroys the prime of our soil, continues an expensive and injurious trade, pre­vents the encouragement of manufactures, hinders our citizens from excelling in any of the useful arts of life, gives our country a rude uncouth appear­ance, deprives us of the advantage of faithful ser­vants, whose interest would be a spur to honesty and diligence, and upon the whole, is the ruin and disgrace of Virginia and her neighbouring South­ern States.

I am aware that this is not a popular subject, but I am equally convinced that if it is not soon [Page 9]the language of our legislature we may justly ex­pect greater calamities than we have yet experi­enced.—How impolitic to have from their very si­tuation an enemy in the heart of our country!— While they are slaves their servile condition will render them disaffected to their rulers. Can the slaves of a despot love? They may FEAR, but never can they LOVE.

CHAP. II. ART. 2d of the BILL of RIGHTS.

"THAT all power is vested in, and conse­quently derived from the people; that magistrates, are their trustees and servants, and at all times amenable to them."

Let us examine how far the Constitution cor­responds with this article.—The 15th article of the Constitution states and provides, That the Governor with the advice of the Privy Council shall appoint justices of the peace for the counties, and in case of vacancies or a necessity of encreas­ing their number hereafter, such appointments to be made on the recommendation of the county courts—The clerks shall be appointed by the re­spective county courts—The sheriffs and coroners shall be nominated by the respective county courts approved by the governor, with the advice of the privy council, and commissioned by the governor. The justices shall appoint constables, &c. &c.— Here then are justices appointed by a governor— [Page 10]Does this correspond with the 2d article of the bill of rights, which states that all power is vested in and derived from the people? The governor creates justices, the justices clerks, sheriffs, con­stables, and new justices—Has this the appear­ance of keeping the legislative, executive, and ju­diciary branches of government separate and dis­tinct, as the 3d article of the constitution pro­vides? (except that justices of the peace shall be eligible to either house of Assembly.)

Here is a power created by a governor after­wards to create itself—which, may make laws, for it may constitute a majority of the legislature—set upon the bench to determine upon these laws, ap­point its own clerk to record its decisions, create its own sheriff to serve its executions, its coroners &c.—Is not this blending the three powers which should be kept seperate and distinct?

Of what use to say all power is derived from the people? Let us see what degree a magistrate on the County Court bench is removed from the peo­ple. 1. The people elect the Assembly. 2. The Assembly the governor. 3. The governor ap­points the first set of magistrates. 4. The ma­gistrate appoints his successor, for recommenda­tions are seldom refused—Thus in the 4th degree from the people we come to a justice of the peace— two degrees farther off than president of the Unit­ed States—now is this comportable with all power being derived from the people?—The very idea is ridiculous—Cousins in the fourth degree of con­sanguinity but seldom claim kin.

[Page 11] Enquire what is the effect of this strange med­ley? You will be told a parcel of ignorant beings are placed on the bench who know little of law and it is to be feared often too little of the purport of their title; you will be told of lazy, ignorant drun­ken clerks, and bankrupt sheriffs, as the saying is, like priest like people. You will be told of ma­gistrates on the bench drunk, deciding contrary to reason, law and every principle of equity—Hence come appeals after appeals, and more iniquity and litigation than I can enumerate.

But Says the Bill of Rights "magistrates are the trustees and servants of the people, and at all times amenable to them."

How are you to impeach a magistrate of the County Court? by the General Assembly; yes & of that branch of government they may constitute the majority. How then is the matter likely to terminate? Boast then no longer of a Bill of Rights.

CHAP. III. Article 3d of the Bill of Rights.

[Read at large in the title page]

This article is honorable to the convention who framed it and is the great restorative of a defective constitution. It wisely provides for a reform in the government when it shall be found inadequate to produce happiness and safety and to prevent mal­administration. Fear not then my countrymen [Page 12]the exercise of your right, your indubitable, unali­enable and indefeasible right, to call a convention, to revise the constitution, to retrench, alter and a­mend its parts as circumstances may require.

CHAP. IV. ART. 4.

That no man or set of men, are entitled to ex­clusive or seperate emoluments, or privileges from the community, but in consideration of public ser­vices; which not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.—Then I humbly conceive magistrates should not have the power of recommending others to that office. What is it less than to give the fa­ther an opportunity of having his son appointed.

ART. 5th. That the excutive and legislative pow­ers of the state should be kept seperate and distinct from the Judiciary, &c. This article is framed upon republican principles and contains an exami­nation of important rights. It surpasses any en­comium I can bestow; and requires only an at­tentive perusal to command the approbation of every friend to democracy.

CHAH. V. ART. 5th of the CONSTITUTION,

Provides two representatives for each counts, &c.

It has long been matter of complaint that the state is unequally represented in consequence of this [Page 13]article of the constitution. Some counties are more than one-third larger than others, some have one-third sewer, who are entitled to vote—But a small county has the same number of representatives— the smallest with the largest in the state—100 free­holders send as many delegates to the assembly as 500—and as the proportion of smaller counties is something above that of the larger—one-third on­ly of the state may pass a law, to which the re­maining two-thirds may be opposed. So that a minority of the people may rule.

This evil might be remedied, if the people would exercise their right to revise the constitu­tion. The state might be divided into districts, and each district might send one or two represen­tatives according to the number of voters. Cer­tainly an equal representation is matter of conse­quence and might easily be procured. I submit the matter to my countrymen.

CHAP. VI.

Article the 11th of the constitution, provides for the election of a privy council of state, and that they shall have a sum of money divided among them, &c. This has long appeared to me a use­less branch of our government, and might I think be dispensed with and the expense saved. When the people are told that it will save 6667 dollars, perhaps I shall meet with many of my opinion— And when they are further informed that a privy [Page 14]council is of no material consequence to the state, perhaps some one may ask why they are not dis­carded? Does it requite eight privy councillors and a governor, to prevent the importation of the small-pox or yellow-fever? to issue a proclamation to make vessels suspected perform quarantine forty days, to pardon now and then a horse-thief, to commission a county surveyor, militia officer, &c?

ART. 12th. "The delegates for Virginia to the continental congress shall be chosen annually, or superceded in the mean time by joint ballot of both houses of the assembly."

This article has been some time dead, but seems to deserve a funeral procession of a convention of the people at the burial.

CHAP. VII.

Article 14th of the Constitution provides for the appointment of the court of Appeals.

Now of this court there are five judges, while the General court at present consists of ten—Suppose then, the present General court was made a court of Appeals? Would there not be a better chance for wisdom among the ten? Perhaps some one might object that the appeals are carried from the district Courts, and this would be bringing the same cause before two at least of the same judges—just as if I were to appeal from Dick to Richard.—This objection is easily obviated—Let the court of ap­peals require seven judges, then any cause which [Page 15]might be brought in that court, from any particu­lar district might be tried by seven different judges —because those who presided in that district and tri­ed the cause first, might retire if the whole ten judges were present, and have an odd judge to keep them company.

But as some people are fond of putting difficul­ties in the way—It might be asked what would you do with cases referred by the district Judges to the General court? The answer is equally obvious and reasonable. Let this be the final determina­tion of such cases.—This would save a good deal of expense in the appeal business, and I doubt not but that the decision would be as strictly legal.

By discarding the present court of Appeals we should save 5000 dollars, which if added to the 6667 before saved will amount to 11,687 dollars— a pretty round sum; a peny saved and wisdom gained is something worth while. The people will think of the matter and form their opinions accordingly.

CHAP. VIII.

ARTICLE 16th of the BILL of RIGHTS,

Secures the free enjoyment of religious opinions. according to the dictates of conscience, and the free exercise of christian duties; and declares it the duty of all to practice, christian forbearance, love and charity towards one another. Article 14th of the Constitution provides in the last clause, that [Page 16]all ministers of the gospel of every denomination, shall be incapable of being elected members of either house of Assembly, or Privy Council. Can any man reconcile these two articles? Religion is left to every man's conscience and can only be directed by reason and conviction, and yet if I em­brace the Christian system, and inculcate the gos­pel, as a preacher, I am rendered incapable of serving my country in any office of State. It is the duty of all to practice Christian charity except to a Christian Minister. Is not this to admit all religions and stigmatise One? Why not prohibit a Deist? Is he more worthy of confidence?— But perhaps, his polite profanity and graceful blasphemy is a recommendation—(I do not here mean a Deist from principle and conviction, for he must of consequence be a moral character or a great lyar.) I mean the pretended upstart, who imagining there is no small share of discernment in discovering that the Bible is all a fable, deals out his borrowed sarcasms, with pompous strut, and "damnable" impudence. But if required to draw up his own creed, would either discover his abo­minable ignorance, or cover it over with the affectation of sublime contempt for the superstitious wretch who should presume to ask it. I know for my part no more contemptible insignificant being, than one of your second hand Deists. But let him be what he will he is fit by the provision of the Bill of Rights and constitution to legislate for Vir­ginia, if haply he be no preacher of the Gos­ple.

[Page 17] Is it because of their lucrative office that they are prohibited? Alas the Halcyon days of the drunken clergy are over! the sixteen thousand weight of tobacco, has fled with the remains of priestcraft beyond the Atlantic, where it was first provided. A man has nothing to recommend him now as a preacher but rectitude of conduct. The time for making saints by the holy consecration of his lordship the Bishop is over. We hear indeed of one Virginia Bishop, but his sceptre at present rules but a very confined circle,—I am told how­ever, he is a mighty good moral man.

Were the framers of the constitution afraid of another establishment? I wonder then that Deism, the refined religion of the most exalted improvment of rationality, has never been proposed. We live it is said in the "Age of Reason." What a pity that her vot aries do not take advantage of the ze­nith of heglory! Perhaps her sun may go down in wrath upon an ungrateful people!

CHAP. IX.

AN act of Assembly (passed 17th of December 1792) makes it felony without benefit of clergy to steal any mare, horse or gelding, foal or filley.

The great Montesquieu says Vol. 1. B. 13. Cha. 4th. P. 221—

"Liberty is in its highest perfection, when cri­minal laws, derive each punishment, from the criminal nature of the crime. There are then no arbitrary decisions; the punishment does not flow [Page 18]from the capriciousness of the legislator, but from the very nature of the thing; and man uses no vi­olence to man." Every one will easily perceive that the above cited act of Assembly does not cor­respond with this principle of Montesquiu—"That Liberty is favored by the nature and proportion of punishments." For it makes the lower species of crimes equal with the higher, and punishes with­out distinction the horse theif and the murderer.

The same writer speaking of the power of pu­nishment says, "Experience shews that in coun­tries remarkable for the lenity of penal laws, the spirit of the inhabitants is as much affected by them, as in other countries by severer punishments. The imagination grows accustomed to the one as well as the other."

Again when there is a breach of security with re­spect to property, there may be some reasons for in­flicting capital punishments. But it would perhaps be much better and more natural, that crimes com­mitted against the security of property should be punished with the loss of property; and this ought to be the case if men's fortunes were common or equal. But as those who have none, are generally readiest to attack the property of others, it has been found necessary instead of a pecuniary to sub­stitute corporal punishments. I join him in saying, that, what he has here advanced is extremely fa­vorable to the liberty of the citizen, and is founded in nature. Experience also proves that corporal punishments of the lesser degree, have a stronger tendency to prevent the commission of these crimes [Page 19]than those of a capital nature—In many places where the citizens of this common wealth have been infested with horse thieves, though every exertion was made to bring them to justice, and some suffered death, others continued these prac­tices till the introduction of Lynch's law. The free exercise of this, though inconsistent with the principles of liberty, and often managed in too arbitrary a manner, has extirpated these pests from neighbourhoods and rendered this property before uncertain, safe and secure. I would by no means be understood to recommend this mode of pro­ceedure, but rather to insist upon a fair and legal trial by the twelve jurors, and after full conviction of guilt, to use liberally the lash and same length of confinement, or any punishment short of death which may be deemed sufficient.

What some advance, viz. that a man who would steal a horse can never afterwards make a good citizen, I am by no means willing to admit— There has been many a brave soldier whose back bore the lasting records of the Cat with nine tails —and there have been some instances of pardoned criminals becoming useful citizens.

A man deserves death, who has attempted or perpetrated the crime of murder. Life for life is consistent with reason. In this case the punish­ment of death is the remedy as it were of a sick society. But surely, lesser crimes call for, lesser punishments. The loss of a horse can ruin com­paratively but few. But he who is deprived of life or liberty has lost all that is dear and va­luable.

CHAP. X.

An act passed the tenth of December, 1793, pro­vides in the 22d clause—Where goods cannot be sold for three-fourths of their value, the debtor may give bond and security for the payment of the debt in twelve months. An act highly useful to the debtor, and often the best means of satisfying the creditor. But an act passed during the last cession of the Assembly—has provided for the abo­lition of replevin after such a time.

I shall only observe here (with Montesquieu) great is the superiority which one citizen has over another, by lending him money, which the latter borrows in order to spend, and of course has no longer in possession. What must be the conse­quence, if the laws of a republic, make a further addition to this servitude and subjection, or in other language this imprisonment and sale of property at three-fourths of its value? Can this act be intend­ed to accommodate our good friends the British merchants?

CHAP. XI.

IT may not be improper here to suggest that the Constitution should limit the wages of the members of Assembly. To leave the matter to their deter­mination is perhaps throwing a temptation in their way. Indeed the last assembly agreed not to be satisfied under twelve shillings per day; and some I am told thought fifteen little enough. This may be, but suppose, they were to encrease 2s every [Page 21]session, delegates would make fortunes at that rate.

I think their conduct in this particular merits the disapprobation of the people, not so much on account of the largeness of the addition as the precedent it established. Their usual wages had been ten shillings, there was then an implied contract that they should serve the people at this price when they were elected, and though it might have been proposed that the wages of the Assembly should be raised from and after the expiration of that session, it was highly improper that they should give themselves an additional sum.

CHAP. XII.

IN the first part of these remarks, I was neces­sarily led to shew the inconsistency of tollerating slavery, when the bill of rights had declared all men by nature equally free and independent—I shall here resume the subject and endeavor to illustrate the evil more clearly and if possible recommend a remedy.

Montesquieu,—speaking of slavery says, "The state of slavery is bad. It is neither useful to the master nor the slave; not to the slave, because he can do nothing from a motive of virtue; not to the master because by having too great an authority over his slaves, he insensibly accustoms himself to the want of all moral virtues, and from hence grows fierce, hasty, severe, choleric, voluptuous and cruel. In moderate (by which he means re­publican) states, it is a point of the highest impor­tance, [Page 22]that there should not be a great number of slaves. The political Liberty of those states adds to the value of civil Liberty and he who is depriv­ed of the latter is also deprived of the former. He sees the happiness of a society of which, he is not so much as a member; he sees the security of others fenced by laws himself without any protection. He sees that his master has a soul which can en­large itself, while his own is constrained to submit to continual depression. Nothing can more assi­milate a man to a beast, than living among free­men himself a slave. Such people as these are the natural enemies of the society and their number must be dangerous." I grant you this is a severe representation of the case; several acts have passed tending to mitigate the state of slavery in Virginia. But still I must adopt the language of Sterne,— But still slavery howso'eer disguised, thou art a bit­ter draught.' I have quoted enough to demonstrate the evil—Let us aim at a remedy.

Paley in his Moral Philosophy has this remark —"The great revolution which has taken place in the Western World may possibly conduce (and who knows but that it was designed?) to accele­rate the fall of this abominable tyranny (alluding to slavery;) and now that this contest and the passions which attended it are no more, there may succeed perhaps a season for reflecting—whether a legislature which had so long lent its assistance to the support of an institution replete with human misery, was fit to be trusted with an empire, the most extensive that ever obtained in any age, or quarter of the world."

[Page 23] He alludes here and with great justice, to the [...] legislature, the authors of this evil; and well may we conclude from sad experience of the evil, that they were not fit to be trusted. No doubt this excelent writer had a deep sense of the evils introduced by slavery, and it was natural enough to suppose, that a people who had bravely resisted British Tyranny and established their Independence, would have abolished this institution. And I would now sup­pose that it will yet be the case.—Several efforts have been made and I doubt not would have been attended with success, but for this great objection. The discharging of slaves from all obligation to obey their masters, which would be the conse­quence of a general emancipation, would have no better effect, than to let loose one half of mankind upon the other. There is however one safe me­thod still remaining. I mean a gradual emancipa­tion carried on by provisions of law and under the protection of civil government. In this way the Greek and Roman slavery was abolished—by this method the Northern States have some of them ef­fected the desirable purpose—and it is hoped by these means, this odious institution will be banish­ed from Virginia.

CHAP. XIII.

That the government should be revised is obvi­ous to all who think of the matter. That the peo­ple have a right to do so, the bill of rights has very judiciously declared—and that the exercise of [Page 24]this right cannot be attended with any bad cons­quences, I think that love of Liberty which per­vades the breast of every real Virginian is suffici­ent security. To secure the happiness of the people is the object which should ever be kept in view. But that in many cases under the present constitu­tion this is not sufficiently secured, many have been a long time convinced. The administration of justice under the present system of County courts is a proof of this. The evils resulting from the local situation of the county court magistrates, are serious and alarming.—However upright they may be, yet the power of prejudice often may lead them astray, for "humanum est errare." A particular acquaintance with the parties litigant, a represen­tation of the case by one concerned, the loadstone of consanguinity, may incline the mind so far as to prevent an impartial decision. Indeed a good man man feel himself embarrassed in a situation so very delicate.

The ignorance of the magistrates must prevent, them [...] from knowing what judgment to give. And as they have no immediate reward for their trouble they cannot be expected to bestow time in studying the laws of the land so as to be qualified to give an opinion strictly legal.

Their being made eligible to either house of as­sembly and returning again to their judicial capaci­ty, and perhaps in mediately to exercise the office of sheriff, is allowing them priveleges and ex­posing them to temptations, which may be attend­ed with dangerous consequences. It is certainly [Page 25]inconsistent with every principle of democracy.

That they should nominate sheriffs and appoint clerks is by no means favorable to the liberty and security of the people.

But as it is doing nothing to point out evils without aiming at a remedy, with much diffidence I presume to offer one.

To remedy the want of knowledge at present too apparent, let a law be passed or the constitution pro­vide, that all judges of inferior courts should pass an examination touching their legal knowledge be­fore three judges of the superior Courts, that they be appointed by the general Assembly upon their producing a certificate of their examination stating that they were acquainted with the laws of their country. That previous to their appointment they should be recommended by a jury of their vicinage as persons of good moral character.

To remedy the evils resulting from their local si­tuation, let the state be divided into twelve districts or more if found necessary, and let them be stiled circuits.—Let one judge appointed in the manner already proposed (or any other mode better calcu­lated to answer the purpose) preside in a district, ride to the different Courthouses, sit so many days twice or thrice a year, and be sent to a differ­ent circuit every succeeding court. Let these be stil­ed circuit Judges and have an adequate salary—sup­pose one thousand Dollars each. By an easy calcu­lation this money may be raised without any addi­tional Tax.

[Page 26]

Here then is adequate provision for salary and a considerable remainder to go into the Treasury. Let it also be provided that no judge of the circuit court shall be eligible to ither house of assembly.

Let the office ossheriff be elective; I doubt not but that the taxes would be more cheerfully paid, and that sheriffs would be less subject to bank­ruptcy.

[Page 27] Is not a plan of this nature more consistent with that excellent principle of keeping the different branches of government seperate and distinct? Is it not more likely to ensure the impartial adminis­tration of justice?

I am aware that if county courts are abolished, there will remain much local business which should not occupy the time of the circuit courts, for this purpose let magistrates be appointed or elected by the people to continue in office four or five years, or those now in office be continued. This is a sphere in which they are qualified to move, viz. repairing Courthouses, Prisons, Highways, Bridges, trying warrants, &c.

Here they may move without endangering the community.

CHAP. XIV.

I HAVE attempted to make such remarks as have occurred to my mind, to point out evils which appear to me to exist, and propose remedies which might tend to prevent them. If they are founded in reason and consistent with civil and po­litical liberty, I trust they will meet the approba­tion of my fellow citizens.

I beg leave here to subjoin a few more remarks of a general nature.—

Political happiness must result from political freedom—and every law which tends to preserve the liberty and happiness of the people should be immediately adopted and regularly executed.

[Page 28] It is remarked generally by strangers that the people in the Northern States, are in a much better situation, than the Virginians and their Southern neighbors. That they improve much more rapid­ly in the knowledge of every useful art and inventi­on, and by these means become more independent and respectable. That there is surely a difference cannot be denied. Many causes conspire to bring it about. Among these it may not be improper to mention, the defects too apparent in our Constitu­tion and Laws—The toleration of slavery—and the extensive scale on which we continue the Tobac­co trade. To prove this last cause an evil, I solicit attention to the following particulars.—

It must be the prime of our soil which is allotted to the culture of this plant. The consequence is that our lands are cut and cleared up wherever the soil promises a flourishing crop. In good strong land the best timber is generally found—But this is sacrificed to the main object, and in profli­gate abundance committed to the flames. Hence so much of our land is rendered in a great measure useless.—Hastily cut down—injudiciously tended, in a few years whole tracts (where the country is hilly) are swept into the vallies and covered with immense bodies of sand, which it would require the work of ages to remove. From the waste of timber comes the necessity of importing many arti­cles from foreign countries or neighboring states, which as the saying is, cost more than they come to; a saying so much in vogue as to need no ex­plication.

[Page 29] The time and trouble expended in the culture of Tobacco is another object worthy notice.— Spring, Summer, Fall and Winter, prove little enough for the immense toil—Hence often it hap­pens, that too little provender is made for the sup­port of stock—and it is no uncommon thing in travelling through Virginia in the months of February and March, to have the tender feelings of humanity tortured with the appearance of horses, hogs and cattle, hardly able to creep upon the earth.—

Picture to your imagination a valuable horse, without flesh on his bones, or skin on his back, after sweating in the plough a whole summer,—no or without strength to walk or skin to keep the yoke from his flesh—But as the appearance of misery even in the brute creation, is torturing to the generous mind, so is the description,—These are the fruits of Tobacco.

Attend also to the price it bears when carried to market, if haply it be not refused.—From twenty-four to thirty shillings an hundred weight is a liberal calculation, and is this sufficient to recom­pence the direful drudgery? Let every one be his own judge.

Will any man say, it becomes necessary, this alone will command cash—and enable to pay taxes, &c.—This is false reasoning—The culture of Wheat would be far more profitable—There is no danger as some suppose of overstocking the market. Rather the more Wheat we make, the better price we shall get. When other nations meet with a rea­dy [Page 30]supply from the plenty in our markets—it will then be an object worth notice and our ports will be crouded with ships to carry it away.

Another thing to be remarked, the extensive culture of Tobacco is a heavy tax upon the people. It subjects them to the necessity of depending more upon foreign markets than home manufactures. And in proportion as a country is obliged to depend upon fereign instead of internal resources, are they poorer and less independent.

Perhaps there is no country more blessed as to air, soil produce, &c. than Virginia—But by rea­son of impolitic management these blessings are but little improved. A host of foreign merchants, take advantage of our imprudence, pour in their toys and fripperies and reduce our short-sighted citizens to a state of debt and embarrassment. My coun­trymen cannot forget the immense sums due British merchants and if they reflect but a moment, they will lament with me the slavery and difficulties un­der which many of our citizens, are at this moment laboring.—Picture to yourselves the hundreds, who must part with house and home and every atom [...] property to satisfy greedy creditors.—But all this has resulted from depending on the Tobacco trade. Let this business be continued but a few years longer—British merchants have nothing more to do, but credit largely, by and by bring about a wardship themselves to England and after Seven, Eight, or Ten years struggle make a peace, upon condition, that all their debts shall be paid with in­terest—After a few years peace, they have only to [Page 31]propose a Treaty of Amity, &c. which American Senators will be found to adopt in conjunction with some wise President, and saddle the communi­ty with insolvencies.—But I trust my country­men will at least grow wise by experience. Make only half the Tobacco—try this a few years—I doubt not but the price will be double what it now is, and from the extensive culture of wheat and a proper attention to manufactures our citizens in a tenfold better situation.

CHAP. XV.

ANOTHER remark founded in truth, is that Education does not flourish with the Virginians, in proportion to the advantages they enjoy. This is also owing in a great measure to the early habits we form of expecting our support from Africans. Necessity is the mother of invention and humility the road to knowledge.

There is a wide field open here for the exertions of our legislature—A much more commendable employment, than imposing penalties on those assisting a poor Negro, who supposing himself en­titled to freedom appeals to courts of law and is unfortunately cast. A few wholesome regulations would soon place education upon a much more re­spectable footing.

The establishment of Colleges and Free-Schools in every district would tend to a more general dif­fussion of knowledge, by rendering it more easy to obtain. This in a short time would produce a [Page 32]visible effect upon the temper and morals of the people. We should soon have our houses of As­sembly, filled with men of political descernment— and be no longer reduced to the necessity of elect­ing many who are totally uninformed.—Our courts of law would be supplied with men of legal infor­mation and we should no longer complain of the ignorance of county court magistrates.—Our bar would be graced with men of profound erudi­tion in the science of law and jurisprudence, instead of being pestered with tristing Quibblers.— We should have Physicians skilled in the nature of diseases, the construction of the human frame and the various medicines suited to the situation of the sick in the room of pert Quacks, affecting a look of sagacity to grace an enormous account. Our pulpits would be distinguished by the abilities of divines skilled in the wisdom of revelation, and ca­pable of refuting the errors which abound—in­stead of unmeaning declaimers beset with narrow prejudice.

It is in a republican government (says Montes­quieu) that the whole power of education is re­quired—The laws of education in a republic should have virtue as their object. This virtue may be defined the love of the laws and our country. As this love requires a constant preference of public to private interest, it is the source of all political virtues—for they are nothing more than this very preference itself. This love is particularly neces­sary in Democracies. In these alone the govern­ment is intrested to private citizens. Now go­vernment [Page 33]is like every thing else, to preserve it we must love it. Has it ever been heard that Kings were not send of monarchy, or that despotic princes hated arbitrary power?

Every thing therefore depends on establishing this love in a republic; and to inspire it ought to be the principal business of Education.

Here then we may very justly infer the impolicy of importing teachers from foreign countries, whose minds are already formed upon the principles of Monarchy. But this has originated from the necessity of the case. Colleges and free schools under the protection of the legislature, and the fos­tering care of a sound democratic constitution would be the only effectual preservative against the evil.

The want of a liberal and manly education will render us unable to perceive the value of liberty. It will also prevent the acquisition of that dignity and authority of mind, which alone can make a successful stand against the encroachments of pow­er. Ignorance is mean, and cannot offer these generous sacrifices which our duty to our country demands, when its liberties are endangered. A mind destitute of a proper education, will be easily deluded by the sophistical arguments of those who, to serve selfish puposes, are ready to explain away every dear-bought privilege, with a view to make converts to doctrines detrimental to the rights of mankind. And with respect to those, who are educated indeed, but educated in the manners and [Page 34]sentiments of monarchical countries, their hearts are not American.

CHAP. XVI.

I SHALL now conclude the remarks, with ob­serving, that the great fundamental principles of political liberty and civil freedom are too little se­cured by our present constitution and laws. And perhaps I am not far wrong when I assert, that at least two thirds of those who think at all about matters of government are of the same opinion.— The generality of our honest industrious citizens, seldom concern themselves about political affairs. Engaged in the commendable employments of husbandry and agriculture, and persuaded they live in a land of liberty, they feel contented. Peace and Harmony, Friendship and hospitality are the natural consequences, and I boast in adding the distinguishing characteristics of the citizens of Virginia.—Every good man will rejoice that this is the case and that the evils which may result from our present system of government are not at this time sensibly experienced in a general degree.

But all this is no argument against a revision of the government. For as in the human body dis­eases lie sometimes a long while dormant, and the mortal frame appear to enjoy health and vigour; yet at length they break out, and as water confined in limits overleaps the bounds and hurry this earth­ly tabernacle to the dust—So it is with govern­ments.—Under the worst of constitutions nations [Page 35]sometimes enjoy happiness, till the daemon of ar­bitrary power ascending the throne, plunge them into the depths of misery and slavery. Then my countrymen, let us seize the occasion which a state of tranquility affords—delays are dangerous. And evils are always more easily cured, the earlier fit exertions, and proper remedies are applied.