Nov!, '88. Every time I read what you write, I receive fresh Pleasure, I have already answered those last-mentioned Letters, and now have before me that of the 21st of Feby only. I am sorry my Friend Morris failed in the Attention he ought to have shown you but I hope you will excuse it when you consider that an American transported from the tranquil Villages of his Country and set down in the Tourbillon of such a great City as Paris must necessarily be for some Days half out of his Senses. I hope you have perfectly recovered of the Effects of your Fall at Madam Helvetius', and that you now enjoy perfect Health; as to mine, I can give you no good Account. I have a long time been afflicted with almost constant and grievous Pain, to combat which I have been obliged to have recourse to Opium, which indeed has afforded me some Ease from time to time, but then it has taken away my Appetite and so impeded my Digestion that I am become totally emaciated, and little remains of me but a Skeleton covered with a Skin. In this Situation I have not been able to continue my Memoirs, and now I suppose I shall never finish them. Benjamin has made a Copy of what is done, for you, which shall be sent by the first safe Opportunity. I make no Remarks to you concerning your Public Affairs, being too remote to form just Opinions concerning them; indeed I wonder that you, who are at the same Distance from us, make so very few Mistakes in your Judgment of our Affairs. At present we think them in a good Way; the Congress are employed in amending some of their Faults supposed to be in our Constitution, and it is expected that in a few Weeks the Machine will be in orderly Motion. The Piece of M. Target, which you mention as having sent me, is not come to hand. I am sorry to hear of the Scarcity which has afflicted your Country, we have had here a most plentiful Harvest of all the Productions of the Earth without Exception, and I suppose some Supplies will be sent to you from hence, tho' the Term during which the Importation was permitted by your Government was too short considering the Distance. My Family join in every affectionate Sentiment respecting you and yours, with your sincere Friend, [B. FRANKLIN.] 1767. AN ACCOUNT OF THE SUPREMEST COURT OF JUDICATURE IN PENNSYLVANIA, VIZ. THE COURT OF THE PRESS (L. C.) FROM THE FEDERAL GAZETTE, SEPTEMBER 12TH, 1789 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 Favour and for whose Emolument this Court is established. In favour 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 accus'd, and in the same Morning judg'd and condemn'd, and sentence pronounc'd 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 of the Constitution of the State, which establishes the Liberty of the Press; a Liberty which every Pennsylvanian would fight and die for; tho' few of us, I believe, have distinct Ideas of its Nature and Extent. It seems indeed somewhat like the Liberty of the Press that Felons have, by the Common Law of England, before Conviction, that is, to be press'd to death or hanged. If by the Liberty of the Press were understood merely the Liberty of discussing the Propriety of Public Measures and political opinions, let us have as much of it as you please: But if it means the Liberty of affronting, calumniating, and defaming one another, I, for my part, own myself willing to part with my Share of it when our Legislators shall please so to alter the Law, and shall cheerfully consent to exchange my Liberty of Abusing others for the Privilege of not being abus'd myself. By whom this Court is commissioned or 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, 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 cation; "There is a Lust in Man no Charm can tame, Hence; "On Eagle's Wings immortal Scandals fly, DRYDEN. Whoever feels pain in hearing a good character of his neighbour, will feel a pleasure in the reverse. And of those who, despairing to rise into distinction by their virtues, are happy if others can be depressed to a level with themselves, there are a number sufficient in every great town to maintain one of these courts by their subscriptions. A shrewd observer once said, that, in walking the streets in a slippery morning, one might see where the good-natured people lived by the ashes thrown on the ice before their doors; probably he would have formed a different conjecture of the temper of those whom he might find engaged in such a subscription. Of the Checks proper to be established against the Abuse of Power in these Courts. Hitherto there are none. But since so much has been written and published on the federal 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 |