INTRODUCTION.

ESSAY ON THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES OF AMERICA.

THE origin of the greatest part of the nations of antiquity was attended with extraordinary occurrences. Their legislators proclaimed themselves the organs and confidants of gods and goddesses. They conversed with them, and the laws which they promulgated were dictated by a mysterious power.

No fable is connected with the primitive legislation of modern colonies. A benevolence truly divine was the Egeria of William Penn. If, from the history of the first period of the English settlements, we efface some acts of fanaticism, and of an intolerance always barbarous, often hypocritical, we shall find that the wisdom which presided at their infancy, never abandoned them during the most violent storms of their revolution. These colonies, without violating their charters, inserted in their rising institutions a principle of liberty, which, from their very cradle, prepared the way for their future emancipation. Better constituted, freer and sooner peopled than the colonies of other nations,

if they had fewer motives for separating from their mother country, they were also better prepared for independence. Their settlement only dates back a century and a half; but their progress has been very rapid, and we will set out from their earliest epoch, in order to recall some circumstances connected with their origin, and present their principal results.

The discovery of America has had, during three hundred years, a great influence on the destinies of the old world. The independence of the United States will produce consequences still more important: it is, as it were, a second discovery. An irresistible impulse is given to all civilized countries. The liberty of the Spanish kingdoms in America has been probably advanced by it a century. This great event, which Columbus was far from foreseeing, is the most glorious result of his bold labours. Europe already participates in these happy changes. Some centuries will elapse before an end is put to despotism and slavery in Asia and Africa, but our posterity will witness even this other astonishing event.

It was not the wisdom and policy of the governments of Europe, but religious persecution and the vices of large towns, that peopled and cultivated America. These remote settlements offered to European rulers the means of freeing themselves from religious dissenters as well as from vagabonds, libertines, and convicts. The latter description of persons were sent, at first, in very small numbers, and it was only towards the middle of the last century that transportation for

crimes was carried to a great extent. Sixty years ago, Franklin, in enumerating the grievances of the colonies, said to the English: "An act of parliament has authorized you to do us, by emptying the contents of your prisons into our cities, the greatest injury that can be inflicted on a people." This was the universal system of the maritime powers. It was without any design on the part of the statesmen of those days that the agricultural colonies have become the honour and happiness of the human race. It was the Catholics, the Puritans, the Huguenots, the Calvinists, and the Quakers who contributed most effectually to prevent the evils which would have resulted from the presence of criminals condemned to banishment. These sectaries brought to America frugal and austere habits, and they were all either well educated or conversant with some branch of industry..

But these unfortunate settlers were in many of the provinces, exposed to new persecutions. Some of them were cruelly treated, and the prevailing sects obliged the more feeble to seek elsewhere a new asylum. It may be observed that the colony of Maryland, which had been the refuge of the Catholics, was the most tolerant; it was successively peopled by dissenters, professing different tenets and escaping from the place of their first voluntary exile.

In the year 1662, Connecticut received from Charles II. a constitution which bound it but slightly to the mother country, and was framed with such wisdom, that the only change which it underwent at the Revolution,

was the substitution of the name of state for that of

king.

In 1818 this state gave itself a new constitution, the articles of which differ very little from those of its charter. The charter which Charles II. granted to Rhode Island, is dated at the same period with that of Connecticut. The people have found in it sufficient guarantees and have not been disposed to make in it the least alteration.

Locke, who was employed to prepare a charter for Carolina, did not succeed so well: he introduced in it seignors, barons, landgraves, cassiques, and palatines. This charter and all those which were drawn up by the counsellors of the crown underwent great changes to suit the views of the colonists. The governors could no where prevent the formation of those assemblies of delegates, which constitute the strongest as well as the most effectual restraint on abuses.

The colonists had, from the earliest times, frequent quarrels with their mother country, and projects of separation appeared long before the Declaration of Independence. This disposition will seem the less surprising, when it is remembered that the most numerous portion of the inhabitants of some of the provinces were not of English origin; and that all of them, from whatever nation they came, had fled from persecution, and preferred liberty among savages to oppression in a civilized country. The Dutch emigrants had brought into the colony of New York sobriety, industry, useful rules of economy, and an inclination for trade. A few

Swedes of upright character, and of religious and moral habits were spread over New Jersey and Delaware. A great part of Pennsylvania was settled by Germans and Irish. The revocation of the edict of Nantes peopled South Carolina with many industrious and rich French families: these unfortunate refugees had wished to settle in Louisiana, but were excluded by.the intolerance and bigotry which then governed the councils of France. The historians of America render their sincere thanks for this persecution to the ministers of Louis XIV.

The planters and inhabitants of the English colonies, as free as the English themselves, and enjoying the same civil rights, were subjected to very severe restrictions on their trade and navigation, as well as on all kinds of manufactures, with which the mother country could supply them. The British government held it, also, as a maxim, not to suffer any settlements to be formed in the interior of the country or at a distance from the coast. The motives for this policy are explained in a Report, which was only made public at a very late period. The territories of the West," says this document, "are fertile, the climate is temperate, planters would meet with but few obstacles in settling there; with little labour they would be able to satisfy their wants; they would have nothing to ask of England, and no returns to offer her." When the correspondence of some of the governors and other officers of the crown was published, it was found to evince the same intention of not favouring the industry of the co