The Legislature can at no time institute any new Court, or Courts, but such as proceed according to the course of the Common law.

All persons within the State are secured in the free exercise, and enjoyment, of religious profession, and worship, without discrimination or preference.

Such are the principal features of the Constitution of NewYork. Some of them lie open to animadversion. Of those the principal in its importance is the provision made for forming the Council of appointment. This Council has been at once the subject, and the source, of a kind of perpetual convulsion in the State. As this body appoints all the officers, except a very small number, in the State, every election of Governour, Senator, and Representative, is contrived, and carried on, with a direct reference to the constitution of this Council. All men, who wish for offices, either for themselves or others, give their votes and their influence, for such persons, as they believe will contribute to the choice of such a Council, as will confer the offices agreeably to their wishes. Hence caballing, and electioneering, disturb the peace of the State; and deprave the minds of its inhabitants, from one election to another. With the same spirit, the House of Representatives, appear to assemble, with a conviction that this is the principal object, for which they meet; and to determine it agreeably to their wishes, appears to occupy their primary thoughts. To compass it, this very year, a part of the Assembly sacrificed, in the face of day, law, principle, and decency. While this engine of mischief continues, there is little reason to hope, that the inhabitants of the State will ever enjoy even a tolerable degree of peace.

The Supreme Court of Errours is also little else than a nuisance. You will remember, that it is composed of the Senate, its President, the Chancellor, and the Judges of the Supreme Court. These, you will naturally say, must form a very respectable body. The French Academy, if I mistake not, at the instance of Louis XIV published a Dictionary of the French language. It was universally condemned. Furetiere, one of their number, published

another; which was universally approved. The reason in both cases is obvious. The Dictionary of the Academy was formed by the worst votes, as well as by the best; and the worst are always a majority. Furetiere's was formed by his own vote; and that was probably the best, or one of the best, among the whole number. The votes of the Chancellor, and Judges, in all cases of law, and perhaps of equity, may be regarded fairly, as possessing the highest authority. A part of the Senate may be supposed, also, to be able judges of these subjects. But the majority of a body, consisting of such numbers, chosen in such a manner, by such electors, and for the mere purposes of legislation; especially, when they are often, to say the least, created by cabal and intrigue, carried into office by the mere spirit of party on the ground of a temporary and causeless popularity, and intended to be the instruments of sinister designs; must from their ignorance of law, their total unacquaintance with judicial decisions, and not unfrequently their want even of enlightened education, be a most unfortunate tribunal for the decision of such questions as will often come before them, and for the final establishment of law.

The perpetual fluctuation of office in this State, growing out of its Constitution, is also an evil, the magnitude of which it is difficult to estimate. Were the puisne Judges of the County courts; the Sheriffs, the Clerks of the counties, and perhaps a few other officers of less importance, fixed permanently in their stations; the inhabitants of New-York, would soon enjoy a quiet, which, I am afraid, lies now beyond the horizon of their view.

As the state of things actually is, they seem destined to suffer for an indefinite period the evils of political turmoil; and those in a degree which a traveller, passing through their country, and discerning the ample means of prosperity, which God has put in their possession, will deeply lament. I know no physical reason, why the people of this State may not be as prosperous and happy, as any people on the globe. Their moral and political concerns certainly, and very seriously, demand a reformation. The defects in their Constitution, which I have mentioned, are radical. Their Council of appointment is one of the most unfortunate

branches of government, which could have been devised for them by the bitterest enemy; a firebrand, which annually threatens a conflagration to the whole political edifice, and will ultimately lay it in ashes. Their Supreme Court of Errours, also, though I am aware that examples are not wanting, which may, and will, be pleaded for its justification, is a political solecism of the grossest kind. Here men, and those usually a majority, sit to canvass, and to reverse, the judicial decisions of the ablest, and wisest tribunals; some of whom through the want of principle, and all through the want of sufficient knowledge, are totally incompetent to decide on the questions, proposed for their determination. A part of them will annually be farmers, merchants, speculators, and particularly that restless, bustling, office-hunting, race of beings, who are customarily known by the title of demagogues. In seasons of quiet the Senate of New-York will probably consist of respectable members in a proportion, sufficiently large to ensure the welfare of the community. During the reign of party, this is scarcely possible. In either case there will always be found a deficiency of that legal knowledge, by which alone questions of law can be safely decided. Nothing can be more preposterous than to submit questions, involving in their nature profound learning, and extensive science, to the determination of those, who possess neither. Virtue alone in whatever degree existing, never qualified a man for the office of a Judge.

So long as the violence of party, and the insatiable thirst for office and its emoluments, predominate in this State; it is not to be supposed, that its citizens will admit the justice of these remarks, or give them even a sober consideration. I may, however, be permitted to hope, as well as to wish, that the storm will one day be overpast, and be succeeded by serenity and sunshine.

Then without any violence to probability it may be believed, juster views may be adopted, happier dispositions operate, and more auspicious measures be pursued. In such a case the people of this State would find abundant reason for felicitating themselves, and for acknowledging with ardent gratitude the smiles of Heaven upon their country. Until that time, their struggles

will in all probability resemble not a little those which have ruined almost every republic. The greatest evil in republican governments is, ordinarily fluctuation; the greatest blessing stability. I am, Sir, yours, &c.

JOURNEY TO LONG-ISLAND.

LETTER I.

Passage from Norwalk to Huntington-Lloyd's Neck-Town of HuntingtonSmithtown-Setaucket-Brookhaven-Riverhead—Its Courts-Southold-Oyster Point-Fisher's Island-Plumb Island.

Dear Sir,

IN company with Professor D of Yale-College, Mr. S―, one of the Tutors, and Mr. Da graduate of that institution, I set out, May 9th, 1804, on a journey to Long-Island. The first day we rode to Greenfield, twenty-four miles; and the next, to Norwalk, nine. Here we continued till Monday the 14th: the wind being unfavourable for passing the Sound. On Monday, at five o'clock in the morning, we embarked with our horses on board the Huntington ferry boat. After leaving Norwalk river, the mouth of which is a good harbour for vessels of less than one hundred tons, the wind became very feeble; shifted suddenly and frequently throughout the whole day; and, what was very tedious, shifted in almost every instance, in such a manner, as to retard our progress. We had breakfasted early, and on meagre diet; and were miserably provided with food, both as to quantity and quality, for the day. My companions ate, merely to satisfy the corrodings of hunger. I fasted till after three, the succeeding morning. To add to our troubles, a thunder-storm overtook us in the mouth of Huntington harbour at nine o'clock in the evening. Our quarter deck was leaky; and permitted the rain to descend upon us in streams, not at all resembling those of Helicon.*

One fact concerning this boat well deserves to be recorded. The ferryman informed me that it was built and had been employed for some time, I have forgotten how long, in crossing this ferry antecedently to the revolutionary war. It was now therefore more than thirty years old. This is a strong proof that the oak of NewEngland and New-York when managed with skill furnishes a lasting material for ship-building. Very little had been done to keep this vessel in repair.