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 education;

Hence;

"There is a Lust in Man no Charm can tame,
Of loudly publishing his Neighbour's Shame."

"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 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 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 extremities; but that we should in moderation content ourselves with tarring and feathering, and tossing them in a blanket.

If, however, it should be thought that this proposal of mine may disturb the public peace, I would then humbly recommend to our legislators to take up the consideration of both liberties, that of the press, and that of the cudgel, and by an explicit law mark their extent and limits; and, at the same time that they secure the person of a citizen from assaults, they would likewise provide for the security of his reputation.

[Federal Gazette, 12 September, 1789.]

TO EZRA STILES

Reverend and dear Sir,

Philada, March 9, 1790.

I received your kind Letter of Jan'y 28, and am glad you have at length received the portrait of Gov'r Yale from his Family, and deposited it in the College Library. He was a great and good Man, and had the Merit of doing infinite Service to your Country by his Munificence

to that Institution. The Honour you propose doing me by placing mine in the same Room with his, is much too great for my Deserts; but you always had a Partiality for me, and to that it must be ascribed. I am however too much obliged to Yale College, the first learned Society that took Notice of me and adorned me with its Honours, to refuse a Request that comes from it thro' so esteemed a Friend. But I do not think any one of the Portraits you mention, as in my Possession, worthy of the Place and Company you propose to place it in. You have an excellent Artist lately arrived. If he will undertake to make one for you, I shall cheerfully pay the Expence; but he must not delay setting about it, or I may slip thro' his fingers, for I am now in my eighty-fifth year, and very infirm.

I send with this a very learned Work, as it seems to me, on the antient Samaritan Coins, lately printed in Spain, and at least curious for the Beauty of the Impression. Please to accept it for your College Library. I have subscribed for the Encyclopædia now printing here, with the Intention of presenting it to the College. I shall probably depart before the Work is finished, but shall leave Directions for its Continuance to the End. With this you will receive some of the first numbers.

You desire to know something of my Religion. It is the first time I have been questioned upon it. But I cannot take your Curiosity amiss, and shall endeavour in a few Words to gratify it. Here is my Creed. I believe in one God, Creator of the Universe. That he governs it by his Providence. That he ought to be worshipped. That the most acceptable Service we render to him is doing good to his other Children. That the soul of Man is immortal, and will be treated with Justice in another Life respecting its Conduct in this. These I take to be the fundamental Principles of all sound Religion, and I regard them as you do in whatever Sect I meet with them.

As to Jesus of Nazareth, my Opinion of whom you particularly desire, I think the System of Morals and his Religion, as he left them to us, the best the World ever saw or is likely to see; but I apprehend it has received various corrupting Changes, and I have, with most of the present Dissenters in England, some Doubts as to his Divinity; tho' it is a question I do not dogmatize upon,

having never studied it, and think it needless to busy myself with it now, when I expect soon an Opportunity of knowing the Truth with less Trouble. I see no harm, however, in its being believed, if that Belief has the good Consequence, as probably it has, of making his Doctrines more respected and better observed; especially as I do not perceive, that the Supreme takes it amiss, by distinguishing the Unbelievers in his Government of the World with any peculiar Marks of his Displeasure.

I shall only add, respecting myself, that, having experienced the Goodness of that Being in conducting me prosperously thro' a long life, I have no doubt of its Continuance in the next, though without the smallest Conceit of meriting such Goodness. My Sentiments on this Head you will see in the Copy of an old Letter enclosed, which I wrote in answer to one from a zealous Religionist, whom I had relieved in a paralytic case by electricity, and who, being afraid I should grow proud upon it, sent me his serious though rather impertinent Caution. I send you also the Copy of another Letter, which will shew something of my Disposition relating to Religion. With great and sincere Esteem and Affection, I am, Your obliged old Friend and most obedient humble Servant

B. FRANKLIN.

P. S. Had not your College some Present of Books from the King of France? Please to let me know, if you had an Expectation given you of more, and the Nature of that Expectation? I have a Reason for the Enquiry.

I confide, that you will not expose me to Criticism and censure by publishing any part of this Communication to you. I have ever let others enjoy their religious Sentiments, without reflecting on them for those that appeared to me unsupportable and even absurd. All Sects here, and we have a great Variety, have experienced my good will in assisting them with Subscriptions for building their new Places of Worship; and, as I have never opposed any of their Doctrines, I hope to go out of the World in Peace with them all.