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Hence,

On eagles' 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 to 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 subscription. A shrewd observer once said, that in walking the streets of a slippery morning, one might see where the good-natured people lived, by the ashes thrown on the ice before the doors probably he would have formed a different conjecture of the temper of those whom he might find engaged in such subscriptions.

Of the Checks proper to be established against the Abuses of Power in those Courts.

Hitherto there are none. But since so much has been written and published on the federal constitution; 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

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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 illlanguage, the affronted person might 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 vigour, but to permit the liberty of the cudgel to go with it, pari passu. Thus, my fellowcitizens, if an impudent writer attacks your reputation-dearer perhaps to you 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. If your adversary hires better writers than himself to abuse you more effectually, you may hire brawny porters, stronger than yourself, to assist you in giving him a more effectual 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 assaults, they would likewise provide for the security of his reputation.

ESSAYS AND LETTERS

ON

SUBJECTS CONNECTED WITH AMERICA.

CAUSES OF THE AMERICAN DISCONTENTS BEFORE 1768.*

The waves never rise but when the winds blow.

Prov.

SIR, As the cause of the present ill humour in America, and of the resolutions taken there to purchase less of our manufactures, does not seem to be generally understood, it may afford some satisfaction to your readers, if you give them the following short historical state of facts.

From the time that the colonies were first considered as capable of granting aids to the crown, down to the end of the last war, it is said, that the constant mode of obtaining those aids was, by requisition made from the crown, through its governors, to the several assemblies, in circular letters from the secretary of state, in his majesty's name, setting forth the occasion, requiring them to

• This letter first appeared in a London paper, January 7, 1768.

take the matter into consideration, and expressing a reliance on their prudence, duty, and affection to his majesty's government, that they would grant such sums, or raise such numbers of men, as were suitable to their respective circumstances.

The colonies, being accustomed to this method, have from time to time granted money to the crown, or raised troops for its service, in proportion to their abilities, and, during all the last war, beyond their abilities; so that considerable sums were returned them yearly by parliament, as they had exceeded their proportion.

Had this happy method of requisition been continued (a method that left the king's subjects in those remote countries the pleasure of showing their zeal and loyalty, and of imagining that they recommended themselves to their sovereign by the liberality of their voluntary grants) there is no doubt, but all the money that could reasonably be expected to be raised from them in any manner, might have been obtained, without the least heartburning offence, or breach of the harmony of affections and interests that so long subsisted between the two countries.

It has been thought wisdom in a government exercising sovereignty over different kinds of people, to have some regard to prevailing and established opinions among the people to be governed, wherever such opinions might, in their effects, obstruct or promote public measures. If they tend to obstruct public service, they are to be changed, if possible, before we attempt to act against them; and they can only be changed by reason and persuasion but if public business can be carried on

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