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world, that the greatest friends to their coun- | circumstances, placed a confidence it was my try, to universal liberty, and the immutable rights of all men, have held tenets and advanced maxims more favorable to the prisoners at the bar. And although we should not adopt the sentiments of Mr. Locke, in their most extensive latitude, yet there seems to be something very analogous to his opinion, which is countenanced in our laws.

There is a spirit which pervades the whole system of English jurisprudence, which inspires a freedom of thought, speech, and behavior. Under a form of government like ours, it would be in vain to expect that pacific, timid, obsequious, and servile temper, so predominant in more despotic governments. From our happy constitution there results its very natural effects-an impatience of injuries, and a strong resentment of insults: (and a very wise man has said, "He who tamely beareth insults inviteth injuries.") Hence, I take it, that attention to the "feelings of humanity," to "humanity and imperfection," "the infirmities of flesh and blood;" that attention to "the indelible rights of mankind;" that lenity to "the passions of men;" that "benignity and condescension of the law," so often repeated in our books.

And, indeed, if this were not the case, the genius of our civil constitution, and the spirit of our municipal law would be repugnant: that prime defect in any political system-that grand solecism in State policy.

GENTLEMEN OF THE JURY: This cause has taken up much of your time, and is likely to take up so much more, that I must hasten to a close. Indeed, I should not have troubled you, by being thus lengthy, bnt from a sense of duty to the prisoners; they, who, in some sense, may be said to have put their lives in my hands; they, whose situation was so peculiar, that we have necessarily taken up more time than ordinary cases require. They, under all these

duty not to disappoint; and which I have aimed at discharging with fidelity. I trust you, gentlemen, will do the like; that you will examine and judge with a becoming temper of mind; remembering that they who are under oath to declare the whole truth, think and act very differently from by-standers, who, being under no ties of this kind, take a latitude, which is by no means admissible in a court of law.

I cannot close this cause better, than by desiring you to consider well the genius and spirit of the law, which will be laid down, and to govern yourselves by this great standard of truth. To some purposes, you may be said, gentlemen, to be ministers of justice; and "ministers," says a learned judge, "appointed for the ends of public justice, should have written on their hearts the solemn engagements of his majesty, at his coronation, to cause law and justice in mercy to be executed in all his judgments."

"The quality of mercy is not strained;

It droppeth like the gentle rain from heaven-
It is twice blessed;

It blesses him that gives, and him that takes." I leave you, gentlemen, hoping you will be directed in your inquiry and judgment, to a right discharge of your duty. We shall all of us, gentlemen, have an hour of cool reflection; when the feelings and agitations of the day shall have subsided; when we shall view things through a different and a much juster medium. It is then we all wish an absolving conscience. May you, gentlemen, now act such a part, as will hereafter ensure it; such a part as may occasion the prisoners to rejoice. May the blessing of those who were in jeopardy of life come upon you-may the blessing of Him who is "not faulty to die," descend and rest upon you and your posterity.

BENJAMIN RUSH, M. D.

THE ancestors of Doctor Rush, belonged to the society of Quakers, and emigrated to America under the auspices of William Penn, as early as the year 1683. James Rush, his grandfather, whose occupation was that of a gunsmith, resided on his estate near Philadelphia, and died in the year 1727. His son John, the father of the subject of the present sketch, became possessed of both his trade and his farm, and was distinguished for his industry and an ardent love of agricultural pursuits. He died while his son was but a child, and left him to the care of an affectionate and pious mother. Under her guardianship he received those impressions of religious sentiment, which were so conspicuous through the whole course of his life. In a letter, written a short time previous to his death, he thus expresses the sense of obligation he felt for the early impressions of piety he had received from his parents:-"I have acquired and received nothing from the world, which I prize so highly as the religious principles I inherited from them; and I possess nothing that I value so much as the innocence and purity of their characters."

Doctor Rush was a native of Pennsylvania, and was born on his father's estate, on the twenty-fourth of December, 1745. At the age of nine years he was placed by his mother under the tuition of his maternal uncle, the Rev. Doctor Finley, a man of high literary attainments, and subsequently, President of the college of New Jersey. In this position he remained five years, after which he was removed to college, where he soon became distinguished for his capability, his uncommon progress in his studies, and especially for his eloquence in declamation. During his stay in college he gained the friendship and esteem of all around him, and graduated with honor, and the best wishes of his teachers and classmates.

Having determined to devote his life to the profession of medicine, he commenced a course of study under the direction of Doctor John Redman, at that time an eminent practitioner in the city of Philadelphia. After pursuing his studies in this office, with industry and great enthusiasm for six years, he entered the medical university of Edinburgh, where he received the full benefit of the lectures of the celebrated professors, Munro, Gregory, Black and Cullen; and, in 1768, received the degree of doctor of medicine. From Edinburgh he proceeded to London, where he spent a few months, in attendance upon the hospitals of that city, and in the spring of 1769, having visited Paris, he returned to his native country, and immediately entered upon the practice of his profession. A short time after, he was elected a professor in the medical school, which had then been recently established, by the laudable exertions of Doctors Bond, Morgan, Shippen and Kuhn. In the year 1789, he was chosen the successor of Doctor Morgan to the chair of the theory and practice of physic; and in 1791, upon an union being effected between the college of Philadelphia and the university of Pennsylvania, was appointed professor of the institutes of medicine and clinical practice. On the resignation of the learned and venerable Doctor Kuhn, in 1805, he was chosen to the united professorships of the theory and practice of physic and of clinical medicine, in which station he remained until the close of his life.

At an early period of his life, Doctor Rush made himself acquainted with the political sit

uation of his country. On the commencement of hostilities between the Colonies and Great Britain, he decided in favor of liberty, and became a firm and energetic opposer of British tyranny, and supporter of equal rights. Associating with all classes through the medium of his profession, his influence was extensive, useful and salutary. In 1776 he was chosen a member of the Continental Congress, and signed the Declaration of Independence. The following year he was appointed physician-general of the military hospital for the middle department, and rendered great service during the whole of the Revolution. In 1787 he was a member of the convention from Pennsylvania for the adoption of the Federal Constitution. The same year he published the Address to the People of the United States.

public life, and

After the establishment of the Federal Government, he withdrew from devoted himself to the practice of his profession, and the duties of social life. The only office he accepted, as a reward for his many services, was the presidency of the Mint, which position he retained for fourteen years. He was the author of numerous literary, moral and philosophical essays, and several volumes on medical science; among which are his Medical Inquiries and Observations, and a History of the Yellow Fever. His attachment to his profession was remarkable. Speaking of his approaching dissolution, he said, "When that time shall come, I shall relinquish many attractions to life, and among them a pleasure, which to me, has no equal in human pursuits; I mean that which I derive from studying, teaching, and practising medicine."

Added to the numerous duties of his profession and the various benevolent associations with which he was connected, Doctor Rush was president of the American Society for the Abolition of Slavery, vice-president of the Philadelphia Bible Society, president of the Philadelphia Medical Society, one of the vice-presidents of the American Philosophical Society, and a member of several other institutions both in Europe and America. Wherever he could be useful by counsel, influence or action, he was sure to be found. "The virtues of his heart," says his biographer, "like the faculties of his mind, were in continued exercise for the benefit of his fellow-men. While the numerous humane, charitable, and religious associations of Philadelphia, bear testimony to the philanthropy and piety which animated the bosom of their departed benefactor; let it be remembered, that as with the good Samaritan, the poor were the objects of his peculiar care; and that in the latter, and more prosperous years of his life, one-seventh of his income was expended upon the children of affliction and want.-Dr. Boerhaave said of the poor, that they were his best patients, because God was their paymaster.-Let it also be recorded, that the last act of Doctor Rush was an act of charity, and that the last expression which fell from his lips was an injunction to his son, "Be indulgent to the poor."" He died on the nineteenth of April, 1813.

TO THE PEOPLE OF THE UNITED STATES.

This address was written by Doctor Rush, | to prepare the principles, morals, and manners and published in the year 1787, previous to the meeting of the Federal Convention.

There is nothing more common than to confound the terms of American revolution with those of the late American war. The American war is over: but this is far from being the case with the American revolution. On the contrary, nothing but the first act of the great drama is closed. It remains yet to establish and perfect our new forms of government: and

* Doctor David Hosack's Discourse, at the College of Physicians and Surgeons, New York, 1818.

of our citizens, for these forms of government, after they are established and brought to perfection.

The confederation, together with most of our State constitutions, were formed under very unfavorable circumstances. We had just emerged from a corrupted monarchy. Although we understood perfectly the principles of liberty, yet most of us were ignorant of the forms and combinations of power in republics. Add to this, the British army was in the heart of our country, spreading desolation wherever it went: our resentments, of course, were awakened. We detested the British name, and unfortu

nately refused to copy some things in the ad- sake of increasing the number of able generals ministration of justice and power, in the British-skilful physicians and faithful servants! government, which have made it the admiration and envy of the world. In our opposition to monarchy, we forgot that the temple of tyranny has two doors. We bolted one of them by proper restraints; but we left the other open, by neglecting to guard against the effects of our own ignorance and licentiousness.

We do not. Government is a science, and can never be perfect in America until we encourage men to devote not only three years, but their whole lives to it. I believe the principal reason why so many men of abilities object to serving in Congress, is, owing to their not thinking it worth while to spend three years in acquiring a profession, which their country immediately afterwards forbids them to follow. There are two errors or prejudices on the sug-subject of government in America, which lead to the most dangerous consequences.

Most of the present difficulties of this country arise from the weakness and other defects of our governments.

er.

My business at present shall be, only to gest the defects of the confederation. These consist-1st. In the deficiency of coercive pow2d. In a defect of exclusive power to issue paper money, and regulate commerce. 3d. In vesting the sovereign power of the United States in a single legislature: and, 4th. In the too frequent rotation of its members.

It is often said, "that the sovereign and all other power is seated in the people." This idea is unhappily expressed. It should be"all power is derived from the people,”—they possess it only on the days of their elections. After this, it is the property of their rulers; nor can they exercise or resume it, unless it be abused. It is of importance to circulate this idea, as it leads to order and good government.

A convention is to sit soon for the purpose of devising means of obviating part of the two first defects that have been mentioned. But I wish they may add to their recommendations The people of America have mistaken the to each State, to surrender up to Congress their meaning of the word sovereignty; hence each power of emitting money. In this way, a uni- State pretends to be sovereign. In Europe, it form currency will be produced, that will facil- is applied only to those states which possess itate trade, and help to bind the States together. the power of making war and peace-of formNor will the States be deprived of large sums ing treaties, and the like. As this power beof money by this means, when sudden emer-longs only to Congress, they are the only sovegencies require it; for they may always borrow them, as they did during the war, out of the treasury of Congress. Even a loan office may be better instituted in this way, in each State, than in any other.

reign power in the United States.

We commit a similar mistake in our ideas of the word independent. No individual State, as such, has any claim to independence. She is independent only in a union with her sister

To conform the principles, morals, and manners of our citizens, to our republican forms of government, it is absolutely necessary, that knowledge of every kind should be disseminated through every part of the United States.

The two last defects that have been men-States in Congress. tioned, are not of less magnitude than the first. Indeed, the single legislature of Congress will become more dangerous, from an increase of power, than ever. To remedy this, let the supreme federal power be divided, like the legislatures of most of our States, into two distinct, independent branches. Let one of them be styled the Council of the States, and the other the Assembly of the States. Let the first consist of a single delegate-and the second, of two, three, or four, delegates, chosen annually by each State. Let the president be chosen annually by the joint ballot of both Houses; and let him possess certain powers, in conjunction with a privy council, especially the power of appointing most of the officers of the United States. The officers will not only be better, when appointed this way, but one of the principal causes of faction will be thereby removed from Congress. I apprehend this division of the power of Congress will become more necessary, as soon as they are invested with more ample powers of levying and expending public money.

The custom of turning men out of power or office, as soon as they are qualified for it, has been found to be as absurd in practice, as it is virtuous to dismiss a general-a physician-or even a domestic, as soon as they have acquired knowledge sufficient to be useful to us, for the

For this purpose, let Congress, instead of laying out half a million of dollars, in building a federal town, appropriate only a fourth of that sum, in founding a federal university. In this university, let every thing connected with government, such as history-the law of nature and nations-the civil law-the municipal laws of our country-and the principles of commerce -be taught by competent professors. Let masters be employed, likewise, to teach gunnery-fortification-and every thing connected with defensive and offensive war. Above all, let a professor of, what is called in the European Universities, economy-be established in this federal seminary. His business should be to unfold the principles and practice of agriculture and manufactures of all kinds, and to enable him to make his lectures more extensively useful, Congress should support a travelling correspondent for him, who should visit all the nations of Europe, and transmit to him, from time to time, all the discoveries and improvements that are made in agriculture and manufactures. To this seminary, young men should be encouraged to repair, after complet

ing their academical studies in the colleges of | their respective States. The honors and offices of the United States should, after a while, be confined to persons who had imbibed federal and republican ideas in this university.

risen out of wars, and rebellions, that lasted above six hundred years. The United States are travelling peaceably into order and good government. They know no strife-but what arises from the collision of opinions; and, in For the purpose of diffusing knowledge, as three years, they have advanced further in the well as extending the living principle of gov-road to stability and happiness, than most of ernment to every part of the United States the nations in Europe have done, in as many every State-city-county-village-and town- centuries. ship in the Union, should be tied together by means of the post-office. This is the true nonelectric wire of government. It is the only means of conveying heat and light to every individual in the federal commonwealth. "Sweden lost her liberties," says the Abbe Raynal, "because her citizens were so scattered, that they had no means of acting in concert with each other." It should be a constant injunction to the post-masters, to convey newspapers free of all charge for postage. They are not only the vehicles of knowledge and intelligence, but the sentinels of the liberties of our country.

The conduct of some of those strangers, who have visited our country, since the peace, and who fill the British papers with accounts of our distresses, show as great a want of good sense, as it does of good nature. They see nothing but the foundations and walls of the temple of liberty; and yet they undertake to judge of the whole fabric.

Our own citizens act a still more absurd part, when they cry out, after the experience of three or four years, that we are not proper materials for republican government. Remember, we assumed these forms of government in a hurry, before we were prepared for them. Let every man exert himself in promoting virtue and knowledge in our country, and we shall soon become good republicans. Look at the steps by which governments have been changed, or rendered stable in Europe. Read the history of Great Britain. Her boasted government has

There is but one path that can lead the United States to destruction; and that is, their extent of territory. It was probably to effect this, that Great Britain ceded to us so much waste land. But even this path may be avoided. Let but one new State be exposed to sale at a time; and let the land office be shut up, till every part of this new State be settled.

I am extremely sorry to find a passion for retirement so universal among the patriots and heroes of the war. They resemble skilful mariners, who, after exerting themselves to preserve a ship from sinking in a storm, in the middle of the ocean, drop asleep, as soon as the waves subside, and leave the care of their lives and property, during the remainder of the voyage, to sailors, without knowledge or experience. Every man in a republic is public property. His time and talents-his youth-his manhood his old age-nay more, his life, his all, belong to his country.

Patriots of 1774, 1775, 1776—heroes of 1778, 1779, 1780! come forward! your country demands your services! Philosophers and friends to mankind, come forward! your country demands your studies and speculations! Lovers of peace and order, who declined taking part in the late war, come forward! your country forgives your timidity, and demands your influence and advice! Hear her proclaiming, in sighs and groans, in her governments, in her finances, in her trade, in her manufactures, in her morals, and in her manners-"THE REVOLUTION IS NOT OVER!

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