invention of printing, that it appears by letters still extant between the printers in 1499, that they could not throughout Europe find purchasers for more than 300 copies of any ancient authors. But printing beginning now to make books cheap, the readers increased so much as to make it worth while to write and print books in the vulgar tongues. At first these were chiefly books of devotion and little histories; gradually several branches of science began to appear in the common languages, and at this day the whole body of science, consisting not only of translations from all the valuable ancients, but of all the new modern discoveries, is to be met with in those languages, so that learning the ancient for the purpose of acquiring knowledge is become absolutely unnecessary. But there is in mankind an unaccountable prejudice in favor of ancient customs and habitudes, which inclines to a continuance of them after the circumstances which formerly made them useful cease to exist. A multitude of instances might be given, but it may suffice to mention one. Hats were once thought an useful part of dress; they kept the head warm and screened it from the violent impression of the sun's rays, and from the rain, snow, hail, &c. Though, by the way, this was not the more ancient opinion or practice; for among all the remains of antiquity, the bustos, statues, basso-relievos, medals, &c. which are infinite, there is no representation of a human figure with a cap'or hat on, nor any covering for the head, unless it be the head of a soldier, who has a helmet, but that is evidently not a part of dress for health, but as a protection from the strokes of a weapon. * At what time hats were first introduced we know not, but in the last century they were universally worn throughout Europe. Gradually, however, as the wearing of wigs, and hair nicely dressed prevailed, the putting on of hats was disused by genteel people, lest the curious arrangements of the curls and powdering should be disordered; and umbrellas began to supply their place; yet still our considering the hat as a part of dress continues so far to prevail, that a man of fashion is not thought dressed, without having one, or something like one, about him, which he carries under his arm. So that there are a multitude of the politer people in all the courts and capital cities of Europe, who have never, nor their fathers before them, worn a hat otherwise than as a chapeau bras, though the utility of such a mode of wearing it is by no means apparent, and it is attended not only with some expense but with a degree of constant trouble. The still prevailing custom of having schools for teaching generally our children in these days the Latin and Greek languages, I consider therefore in no other light than as the chapeau bras of modern literature. Thus the time spent in that study might, it seems, be much better employed in the education for such a country as ours; and this was indeed the opinion of most of the original trustees. B. FRANKLIN. HINTS FOR CONSIDERATION RESPECTING THE ORPHAN SCHOOL-HOUSE IN PHILADELPHIA. CHARITABLE institutions, however originally well intended, and well executed at first for many years, are subject to be in a course of time corrupted, mismanaged, their funds misapplied or perverted to private purposes. Would it not be well to guard against these by prudent regulations respecting the choice of managers, and establishing the power of inspecting their conduct in some permanent body, as the monthly or quarterly meeting? Would it not be more respectable for the institution, if the appearance of making a profit of the labor of orphans were avoided, and the dependance for funds to be wholly on charitable contributions? If this should be concluded, then it may be proper to open an account with each orphan on admission; the orphans to have credit for any subsistence brought in with them, and for the profit made of it and of their labor, and made debtors for their maintenance and education. And at their discharge on coming of age, to be paid the balance, if any, in their favor, or remain debtors for the balance, if against them, which they may be exhorted to pay, if ever able, but not to be compelled. Such as receive a balance may be exhorted to give back a part in charity to the institution that has taken such kind care of them, or at least to remember it favorably if hereafter God should bless them with ability, either in benefaction while living, or a legacy on decease. The orphans when discharged to receive, besides decent clothing and some money, a certificate of their good behavior, if such it has been, as a recommendation; and the managers of the institution should still consider them as their children, so far as to counsel them in their affairs, encourage and promote them in their business, watch over and kindly admonish them when in danger of misconduct. B. F. For the Federal Gazette, 12th September, 1789. AN ACCOUNT OF THE SUPREMEST COURT OF JUDICATURE IN PENNSYLVANIA, VIZ. Power of this Court. It may receive and promulgate accusations of all kinds, against all persons and characters among the citizens of the state, and even against all inferior courts; and may judge, sentence, and condemn to infamy, not only private individuals, but public bodies, &c. with or without inquiry or hearing, at the court's discretion. In whose favor and for whose emolument this Court is established. In favor of about one citizen in five hundred, who, by education or practice in scribbling, has acquired a tolerable style as to grammar and construction, so as to bear printing; or who is possessed of a press and a few types. This five hundredth part of the citizens have the privilege of accusing and abusing the other four hundred and ninety-nine parts at their pleasure; or they may hire out their pens and press to others for that purpose. Practice of the Court. It is not governed by any of the rules of common courts of law. The accused is allowed no grand jury to judge of the truth of the accusation before it is publicly made, nor is the name of the accuser made known to him, nor has he an opportunity of confronting the witnesses against him; for they are kept in the dark, as in the Spanish court of inquisition. Nor is there any petty jury of his peers sworn to try the truth of the charges. The proceedings are also sometimes so rapid, that an honest good citizen may find himself suddenly and unexpectedly accused, and in the same morning judged and condemned, and sentence pronounced against him, that he is a rogue and a villain. Yet, if an officer of this court receives the slightest check for misconduct in this his office, he claims immediately the rights of a free citizen by the constitution, and demands to know his accuser, to confront the witnesses, and to have a fair trial by a jury of his peers. The foundation of its authority. It is said to be founded on an article in the state constitution, which establishes the liberty of the press: a liberty which every Pennsylvanian will fight and die for; though 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 pressed 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 whenever 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 abused myself, By whom this Court is commissioned or constituted. 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, a few types, and a huge pair of BLACKING balls, 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 balls 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 : Hence: "There is a lust in man no charm can tame, "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 neighbor, will feel a pleasure in the reverse. And of those who, despairing to rise into distinction by their virtues, and 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 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 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 passu. 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 VOL. III. 2 Q |