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:

"There is a lust in man no charm can tame,

Of loudly publishing his neighbor's shame."

Hence:

"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 neighbor, will feel a pleasure in the reverse. And of those who, despairing to rise into distinction by their virtues, and 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 those courts.

Hitherto there are none. But since so much has been written and published on the federal con

stitution, 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 fellowcitizens, 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 him

self behind the printer, and you can nevertheless discover who he is, you may in like manner waylay 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.

SECTION III.

BAGATELLES.

[The Letters, Essays, &c. contained in this section, were chiefly written by Dr. Franklin for the amusement of his intimate society in London and Paris; and were by himself actually collected in a small port-folio, endorsed as above. Several of the pieces were either originally written in French, or afterwards translated by him into that language, by way of exercises.]

THE LEVEE.

In the first chapter of Job we have an account of a transaction said to have arisen in the court, or at the levée, of the best of all possible princes, or of governments by a single person, viz. that of God himself.

At this levée, in which the sons of God were assembled, Satan also appeared.

It is probable the writer of that ancient book took his idea of this levée from those of the eastern monarchs of the age he lived in.

It is to this day usual at the levées of princes, to have persons assembled who are enemies to each other, who seek to obtain favor by whispering calumny and detraction; and thereby ruining those

that distinguish themselves by their virtue and merit. And kings frequently ask a familiar question or two, of every one in the circle, merely to show their benignity. These circumstances are particularly exemplified in this relation.

If a modern king, for instance, finds a person in the circle who has not lately been there, he naturally asks him how he has passed his time since he last had the pleasure of seeing him? the gentleman perhaps replies that he has been in the country to view his estates, and visit some friends. Thus Satan being asked whence he cometh? answers, "From going to and fro in the earth, and walking up and down in it." And being further asked, whether he had considered the uprightness and fidelity of the prince's servant Job, he immediately displays all the malignance of the designing courtier, by answering with another question: "Doth Job serve God for naught? Hast thou not given him immense wealth, and protected him in the possession of it? Deprive him of that, and he will curse thee to thy face." In modern phrase, Take away his places and his pensions, and your Majesty will soon find him in the opposition.

This whisper against Job had its effect. He was delivered into the power of his adversary, who deprived him of his fortune, destroyed his family, and completely ruined him.

The book of Job is called by divines a sacred