American Institutions and Their Influence Part 46

Although the puritanical strictness which presided over the establishment of the English colonies in America is now much relaxed, remarkable traces of it are still found in their habits and their laws.

In 1792, at the very time when the anti-Christian republic of France began its ephemeral existence, the legislative body of Ma.s.sachusetts promulgated the following law, to compel the citizens to observe the sabbath. We give the preamble, and the princ.i.p.al articles of this law, which is worthy of the reader's attention.

"Whereas," says the legislator, "the observation of the Sunday is an affair of public interest; inasmuch as it produces a necessary suspension of labor, leads men to reflect upon the duties of life and the errors to which human nature is liable, and provides for the public and private worship of G.o.d the creator and governor of the universe, and for the performance of such acts of charity as are the ornament and comfort of Christian societies:--

"Whereas, irreligious or light-minded persons, forgetting the duties which the sabbath imposes, and the benefits which these duties confer on society, are known to profane its sanct.i.ty, by following their pleasures or their affairs; this way of acting being contrary to their own interest as Christians, and calculated to annoy those who do not follow their example; being also of great injury to society at large, by spreading a taste for dissipation and dissolute manners;--

"Be it enacted and ordained by the governor, council, and representatives convened in general court of a.s.sembly, that all and every person and persons shall, on that day, carefully apply themselves to the duties of religion and piety; that no tradesman or laborer shall exercise his ordinary calling, and that no game or recreation shall be used on the Lord's day, upon pain of forfeiting ten shillings;--

"That no one shall travel on that day, or any part thereof, under pain of forfeiting twenty shillings; that no vessel shall leave a harbor of the colony; that no person shall keep outside the meetinghouse during the time of public worship, or profane the time by playing or talking, on penalty of five shillings.

"Public-houses shall not entertain any other than strangers or lodgers, under a penalty of five shillings for every person found drinking or abiding therein.

"Any person in health who, without sufficient reason, shall omit to worship G.o.d in public during three months, shall be condemned to a fine of ten shillings.

"Any person guilty of misbehavior in a place of public worship shall be fined from five to forty shillings.

"These laws are to be enforced by the t.i.thing-men of each township, who have authority to visit public-houses on the Sunday. The innkeeper who shall refuse them admittance shall be fined forty shillings for such offence.

"The t.i.thing-men are to stop travellers, and to require of them their reason for being on the road on Sunday: any one refusing to answer shall be sentenced to pay a fine not exceeding five pounds sterling. If the reason given by the traveller be not deemed by the t.i.thing-men sufficient, he may bring the traveller before the justice of the peace of the district." (_Law of the 8th March, 1792: General Laws of Ma.s.sachusetts_, vol. i., p. 410.)

On the 11th March, 1797, a new law increased the amount of fines, half of which was to be given to the informer. (_Same collection_, vol. ii., p. 525.)

On the 16th February, 1816, a new law confirmed these measures. (_Same collection_, vol. ii., p. 405.)

Similar enactments exist in the laws of the state of New York, revised in 1827 and 1828. (See _Revised Statutes_, part i., chapter 20, p. 675.) In these it is declared that no one is allowed on the sabbath to sport, to fish, play at games, or to frequent houses where liquor is sold. _No one_ can travel except in case of necessity.

And this is not the only trace which the religious strictness and austere manners of the first emigrants have left behind them in the American laws.

In the revised statutes of the state of New York, vol. i., p. 662, is the following clause:--

"Whoever shall win or lose in the s.p.a.ce of twenty-four hours, by gaming or betting, the sum of twenty-five dollars, shall be found guilty of a misdemeanor, and, upon conviction, shall be condemned to pay a fine equal to at least five times the value of the sum lost or won; which will be paid to the inspector of the poor of the township. He that loses twenty-five dollars or more, may bring an action to recover them; and if he neglects to do so, the inspector of the poor may prosecute the winner, and oblige him to pay into the poor box both the sum he has gained and three times as much beside."

The laws we quote from are of recent date; but they are unintelligible without going back to the very origin of the colonies. I have no doubt that in our days the penal part of these laws is very rarely applied.

Laws preserve their inflexibility long after the manners of a nation have yielded to the influence of time. It is still true, however, that nothing strikes a foreigner on his arrival in America more forcibly than the regard to the sabbath.

There is one, in particular, of the large American cities, in which all social movements begin to be suspended even on Sat.u.r.day evening. You traverse its streets at the hour at which you expect men in the middle of life to be engaged in business, and young people in pleasure; and you meet with solitude and silence. Not only have all ceased to work, but they appear to have ceased to exist. Neither the movements of industry are heard, nor the accents of joy, nor even the confused murmur which arises from the midst of a great city. Chains are hung across the streets in the neighborhood of the churches; the half closed shutters of the houses scarcely admit a ray of sun into the dwellings of the citizens. Now and then you perceive a solitary individual, who glides silently along the deserted streets and lanes.

Next day, at early dawn, the rolling of carriages, the noise of hammers, the cries of the population, begin to make themselves heard again. The city is awake. An eager crowd hastens toward the resort of commerce and industry; everything around you bespeaks motion, bustle, hurry. A feverish activity succeeds to the lethargic stupor of yesterday: you might almost suppose that they had but one day to acquire wealth and to enjoy it.

APPENDIX F.--Page 41.

It is unnecessary for me to say, that in the chapter which has just been read, I have not had the intention of giving a history of America. My only object was to enable the reader to appreciate the influence which the opinions and manners of the first emigrants had exercised upon the fate of the different colonies and of the Union in general. I have therefore confined myself to the quotation of a few detached fragments.

I do not know whether I am deceived, but it appears to me that by pursuing the path which I have merely pointed out, it would be easy to present such pictures of the American republics as would not be unworthy the attention of the public, and could not fail to suggest to the statesman matter for reflection.

Not being able to devote myself to this labor, I am anxious to render it easy to others; and for this purpose, I subjoin a short catalogue and a.n.a.lysis of the works which seem to me the most important to consult.

At the head of the general doc.u.ments, which it would be advantageous to examine, I place the work ent.i.tled An Historical Collection of State Papers, and other authentic Doc.u.ments, intended as Materials for a History of the United States of America, by Ebenezer Hasard. The first volume of this compilation, which was printed at Philadelphia in 1792, contains a literal copy of all the charters granted by the crown of England to the emigrants, as well as the princ.i.p.al acts of the colonial governments, during the commencement of their existence. Among other authentic doc.u.ments, we here find a great many relating to the affairs of New England and Virginia during this period. The second volume is almost entirely devoted to the acts of the confederation of 1643. This federal compact, which was entered into by the colonies of New England with the view of resisting the Indians, was the first instance of union afforded by the Anglo-Americans. There were besides many other confederations of the same nature, before the famous one of 1776, which brought about the independence of the colonies.

Each colony has, besides, its own historic monuments, some of which are extremely curious; beginning with Virginia, the state which was first peopled. The earliest historian of Virginia was its founder, Capt. John Smith. Capt. Smith has left us an octavo volume, ent.i.tled, The generall Historic of Virginia and New England, by Captain John Smith, sometymes Governour in those Countryes, and Admirall of New England; printed at London in 1627. The work is adorned with curious maps and engravings of the time when it appeared; the narrative extends from the year 1584 to 1626. Smith's work is highly and deservedly esteemed. The author was one of the most celebrated adventurers of a period of remarkable adventure; his book breathes that ardor for discovery, that spirit of enterprise which characterized the men of his time, when the manners of chivalry were united to zeal for commerce, and made subservient to the acquisition of wealth.

But Capt. Smith is remarkable for uniting, to the virtues which characterized his contemporaries, several qualities to which they were generally strangers: his style is simple and concise, his narratives bear the stamp of truth, and his descriptions are free from false ornament.

This author throws most valuable light upon the state and condition of the Indians at the time when North America was first discovered.

The second historian to consult is Beverley, who commences his narrative with the year 1595, and ends it with 1700. The first part of his book contains historical doc.u.ments, properly so called, relative to the infancy of the colonies. The second affords a most curious picture of the Indians at this remote period. The third conveys very clear ideas concerning the manners, social condition, laws, and political customs of the Virginians in the author's lifetime.

Beverley was a native of Virginia, which occasions him to say at the beginning of his book that he entreats his readers not to exercise their critical severity upon it, since, having been born in the Indies, he does not aspire to purity of language. Notwithstanding this colonial modesty, the author shows throughout his book the impatience with which he endures the supremacy of the mother-country. In this work of Beverley are also found numerous traces of that spirit of civil liberty which animated the English colonies of America at the time when he wrote. He also shows the dissensions which existed among them and r.e.t.a.r.ded their independence. Beverley detests his catholic neighbors of Maryland, even more than he hates the English government; his style is simple, his narrative interesting and apparently trustworthy.

I saw in America another work which ought to be consulted, ent.i.tled, The _History of Virginia_, by William St.i.th. This book affords some curious details, but _I_ thought it long and diffuse.

The most ancient as well as the best doc.u.ment to be consulted on the history of Carolina is a work in a small quarto, ent.i.tled, The History of Carolina, by John Lawson, printed at London in 1718. This work contains, in the first part, a journey of discovery in the west of Carolina; the account of which, given in the form of a journal, is in general confused and superficial; but it contains a very striking description of the mortality caused among the savages of that time, both by the small-pox and the immoderate use of brandy; and with a curious picture of the corruption of manners prevalent among them, which was increased by the presence of Europeans. The second part of Lawson's book is taken up with a description of the physical condition of Carolina, and its productions. In the third part, the author gives an interesting account of the manners, customs, and government of the Indians at that period. There is a good deal of talent and originality in this part of the work.

Lawson concludes his history with a copy of the charter granted to the Carolinas in the reign of Charles II. The general tone of this work is light, and often licentious, forming a perfect contrast to the solemn style of the works published at the same period in New England. Lawson's history is extremely scarce in America, and cannot be procured in Europe. There is, however, a copy of it in the royal library at Paris.

From the southern extremity of the United States I pa.s.s at once to the northern limit; as the intermediate s.p.a.ce was not peopled till a later period.

I must first point out a very curious compilation, ent.i.tled, Collection of the Ma.s.sachusetts Historical Society, printed for the first time at Boston in 1792, and reprinted in 1806. The collection of which I speak, and which is continued to the present day, contains a great number of very valuable doc.u.ments relating to the history of the different states of New England. Among them are letters which have never been published, and authentic pieces which have been buried in provincial archives. The whole work of Gookin concerning the Indians is inserted there.

I have mentioned several times, in the chapter to which this note relates, the work of Nathaniel Norton, ent.i.tled New England's Memorial; sufficiently perhaps to prove that it deserves the attention of those who would be conversant with the history of New England. This book is in 8vo. and was reprinted at Boston in 1826.

The most valuable and important authority which exists upon the history of New England is the work of the Rev. Cotton Mather, ent.i.tled Magnalia Christi Americana, or the Ecclesiastical History of New England, 1620-1698, 2 vols. 8vo, reprinted at Hartford, United States, in 1820.

(A folio edition of this work was published in London in 1702.) The author divided his work into seven books. The first presents the history of the events which prepared and brought about the establishment of New England. The second contains the lives of the first governors and chief magistrates who presided over the country. The third is devoted to the lives and labors of the evangelical ministers who during the same period had the care of souls. In the fourth the author relates the inst.i.tution and progress of the University of Cambridge (Ma.s.sachusetts). In the fifth he describes the principles and the discipline of the Church of New England. The sixth is taken up in retracing certain facts, which, in the opinion of Mather, prove the merciful interposition of Providence in behalf of the inhabitants of New England. Lastly, in the seventh, the author gives an account of the heresies and the troubles to which the Church of New England was exposed. Cotton Mather was an evangelical minister who was born at Boston, and pa.s.sed his life there. His narratives are distinguished by the same ardor and religious zeal which led to the foundation of the colonies of New England. Traces of bad taste sometimes occur in his manner of writing; but he interests, because he is full of enthusiasm. He is often intolerant, still oftener credulous, but he never betrays an intention to deceive. Sometimes his book contains fine pa.s.sages, and true and profound reflections, such as the following:--

"Before the arrival of the Puritans," says he (vol. i., chap, iv.), "there were more than a few attempts of the English to people and improve the parts of New England which were to the northward of New Plymouth; but the design of those attempts being aimed no higher than the advancement of some worldly interests, a constant series of disasters has confounded them, until there was a plantation erected upon the n.o.bler designs of Christianity: and that plantation, though it has had more adversaries than perhaps any one upon earth, yet, having obtained help from G.o.d, it continues to this day."

Mather occasionally relieves the austerity of his descriptions with images full of tender feeling: after having spoken of an English lady whose religious ardor had brought her to America with her husband, and who soon after sank under the fatigues and privations of exile, he adds, "As for her virtuous husband, Isaac Johnson,

"He tried To live without her, liked it not, and died."--(Vol. i.)

Mather's work gives an admirable picture of the time and country which he describes. In his account of the motives which led the puritans to seek an asylum beyond seas, he says:--

"The G.o.d of heaven served, as it were, a summons upon the spirits of his people in the English nation, stirring up the spirits of thousands which never saw the faces of each other, with a most unanimous inclination to leave the pleasant accommodations of their native country, and go over a terrible ocean, into a more terrible desert, for the pure enjoyment of all his ordinances. It is now reasonable that, before we pa.s.s any farther, the reasons of this undertaking should be more exactly made known unto posterity, especially unto the posterity of those that were the undertakers, lest they come at length to forget and neglect the true interest of New England. Wherefore I shall now transcribe some of them from a ma.n.u.script wherein they were then tendered unto consideration.

"_General Considerations for the Plantation of New England_.

"First, it will be a service unto the church of great consequence, to carry the gospel unto those parts of the world, and raise a bulwark against the kingdom of antichrist, which the Jesuits labor to rear up in all parts of the world.

"Secondly, all other churches of Europe have been brought under desolations; and it may be feared that the like judgments are coming upon us; and who knows but G.o.d hath provided this place to be a refuge for many whom he means to save out of the general destruction!

"Thirdly, the land grows weary of her inhabitants, inasmuch that man, which is the most precious of all creatures, is here more vile and base than the earth he treads upon; children, neighbors, and friends, especially the poor, are counted the greatest burdens, which, if things were right, would be the chiefest of earthly blessings.

"Fourthly, we are grown to that intemperance in all excess of riot, as no mean estate almost will suffice a man to keep sail with his equals, and he that fails in it must live in scorn and contempt; hence it comes to pa.s.s, that all arts and trades are carried in that deceitful manner and unrighteous course, as it is almost impossible for a good upright man to maintain his constant charge and live comfortably in them.

"Fifthly, the schools of learning and religion are so corrupted, as (beside the unsupportable charge of education) most children, even the best, wittiest, and of the fairest hopes, are prevented, corrupted, and utterly overthrown by the mult.i.tude of evil examples and licentious behaviors in these seminaries.

"Sixthly, the whole earth is the Lord's garden, and he hath given it to the sons of Adam, to be tilled and improved by them: why then should we stand starving here for places of habitation, and in the mean time suffer whole countries, as profitable for the use of man, to lie waste without any improvement?