1832.]

DOCTOR RUSH'S LETTER.

revocation of wills of personal property, and contains
no material alteration of the present law.
Section XV. In the fifteenth section we have copied,
with some abridgment, the provisions of the 23d sec-
tion of the act of 19th April, 1794.

Section XVI. The first part of the sixteenth section is merely declaratory of the common law; the last clause, which provides that the will of a married woman shall not be revived, by the death of the husband, is introduced to remove doubts that have been entertained upon the subject.

in which it is situate.

Section XVII. The proviso contained in the seventeenth section is confined to personal property. The transfer of real estate, whether by deed, devise or succession, is justly regulated by the laws of the country Personal property is considered as following the person of the owner, and is governed both in regard to succession and transfer, by the laws of the place in which he is domiciliated. In this section, therefore, we have merely declared the existing law of this, and of most other civilized communities.

From the New York Mirror.

GENTLEMEN-In looking over a collection of letters from my friends and correspondents, the following, from the late Dr. BENJAMIN RUSH, arrested my attention as a communication of peculiar interest, and one which ought not to be confined to the family circle, for whose gratification it was communicated.

In the first instance, it was addressed to JoHN ADAMS, the late President of the United States. In September, 1812, the Doctor inclosed me a copy of the same, intended to be seen only by my family and friends. Believing it will be perused with delight and profit by the reader of taste, correct feelings, and religious sentiments, I send it for insertion in the Mirror.

Letter from Dr. Rush to John Adams.

H.

building, which is of stone, bears marks of age and de-
cay. On one of the stones near the front door, I dis-
covered with some difficulty the letters J. R. Before
the house, flows a small, but deep creek, abounding in
pan fish. The farm consists of ninety acres, all in a
highly cultivated state. I knew the owner to be in such
easy circumstances, that I did not ask him his price for
it; but begged, if he should ever incline to sell it, to
make me or one of my surviving sons the first offer,
which he promised to do.

While I sat in his common room, I looked at its walls,
and thought how often they had been made vocal by my
ancestors, to conversations about wolves, and bears, and
snakes, in the first settlement of the farm; afterwards
about cows, and calves, and colts, and lambs; and the
comparative exploits of reapers and threshers; and at
all times with prayers and praises, and chapters read
audibly from the Bible; for all who inhabited it of my
family were pious people, and chiefly of the sect of
Quakers and Baptists. On my way home I stopped to
view a family grave-yard, in which were buried three
and part of four successive generations, all of whom
were the descendants of Captain JOHN RUSH, who, with
six sons and three daughters, followed WILLIAM PENN
to Pennsylvania, in the year 1683. He commanded a
troop of horse under Oliver Cromwell; and family tra-
dition says he was personally known to him, and much
esteemed by him as an active and enterprizing offiicer.
When I first settled in Philadelphia, I was sometimes
visited by one of his grandsons, a man of eighty-five
years of age, who had lived with him when a boy, and
who often detailed anecdotes from him of the battles in
which he had fought under Cromwell, and once men-
tioned an encomium on his character by Cromwell, when
he supposed him to be killed. The late General Darke,
of Virginia, and General James Irvine, are a part of his
numerous posterity; as the successor to the eldest sons
of the family, I have been permitted to possess his
sword, his watch, and the leaf of his family Bible that
contains the record of his marriage, and of the birth
and names of his children, by his own hand. In walk-
ing over the grave-yard, I met with a headstone, with
the following inscription:

"In memory of JAMES RUSH, who departed this life March 16th, 1727, aged forty-eight years.

"I've tried the strength of death at length,
And here lie under ground,

But I shall rise, above the skies,

When the last trump shall sound."

PHILADELPHIA, July 13th, 1812. "MY DEAR FRIEND-Can you bear to read a letter that has nothing in it about politics or war? I will, with out waiting for an answer to this question, trespass upon your patience, by writing to you upon another subject. "I was called on Saturday last to visit a patient about nine miles from Philadelphia. Being a holiday, I took my youngest son with me, instead of my black servant. After visiting my patient, I recollected 1 was within three or four miles of the farm on which I was born, This James Rush was my grandfather. My son, the and where my ancestors for several generations had lived and died. The day being cool and pleasant, I di- physician, was named after him. I have often heard rected my son to continue our course to it. In approach him spoken of as a strong minded man, and uncommoning, I was agitated in a manner I did not expect. The ly ingenious in his business, which was that of a gunaccess was altered, but every thing around was nearly smith. The farm still bears marks of his boring mathe same as in the days of my boyhood, at which time chine. My father inherited both his trade and his farm. I left it. I introduced myself to the family that lived While standing near his grave, and recollecting how there, by telling them at once who I was, and my mo- much of my kindred dust surrounded it, my thoughts tives for intruding upon them. They received me kind- became confused, and it was some time before I could ly, and discovered a disposition to satisfy my curiosity arrange them. Had any or all of my ancestors appearand gratify my feelings. I asked permission to conducted before me, in their homespun or working dresses, my son up stairs, to see the room in which I drew my first breath, and made my first unwelcome noise in the world, and where first began the affection and cares of my beloved and excellent mother. This request was readily complied with, and my little boy seemed to enjoy the spot. I next asked for a large cedar tree that stood before the door, which had been planted by my father's hand. Our kind host told me it had been cut down seventeen years ago; and then pointed to a piazza in front of the house, the pillars of which, he said, were made of it. I stepped up to one of the pillars and embraced it. I next inquired for an orchard planted by my father. He conducted me to an eminence behind the house, and showed me a number of large apple trees, at a little distance, that still bore fruit, to each of which I felt something like the affection of a brother. The

VOL. IX.

t

28

(for they were all farmers or mechanics,) they would probably have looked at one another, and said, “What means that gentleman by thus intruding upon us?"

"Dear and venerable friends! be not offended at me. I inherit your blood, and I bear the name of most of you. I come here to claim affinity with you, and to do homage to your Christian and moral virtues. It is true, my dress indicates that I move in a different sphere from that in which you have passed through life; but I have acquired and received nothing from the world which I prize so highly as the religious principles which I inherited from possess nothing that I value so much as the you, innocence and purity of your characters.

and

"Upon my return to my family in the evening, I gave them a history of the events of the day, to which they listened with great pleasure; and partook, at the same

1

time, of some cherries, from the limb of a large tree, (supposed to have been planted by my father,) which my little son brought home with him.

"Mr. Pope says there are seldom more than two or three persons in the world, who are sincerely afflicted at our death beyond the limits of our own family. It is, I believe, equally true, that there are seldom more than two or three persons in the world, who are interested in any thing a man says of himself beyond the circle of his own table or fire-side. I have flattered myself that you are one of those two or three persons to whom the simple narrative and reflections contained in this letter will not be unacceptable from, my dear and excellent friend,

Mr. Ringland, from the committee on the Militia system, made a report, accompanied with a resolution No. 310, relative to a revision of the Militia system, which were read as follows;

The committee on the Militia system, to whom was referred that part of the Governor's message relating to the militia and volunteers of this commonwealth; and also the proceedings of a Military convention, of which Major John B. Alexander was president, convened at Harrisburg on the second day of January last, report:

That impressed with a due regard for the high and respectable authorities from which the subject comes recommended to their attention, and with a strong conviction on their own minds of the many defects in the present Militia system, and the necessity of a radical change therein; they have given to the subject that deliberate consideration which its importance appears to demand.

We have the authority of the father of his country, admonishing us to prepare for war in time of peace, and in the present state of affairs in Europe, it is as much as ever, necessary for this country to put on a defensive armor. And when it is considered that the United States, containing a population of about thirteen millions, have a standing army of no more than five or six thousand men, (a circumstance without a parallel in the annals of nations) it becomes absolutely necessary that the people shold be armed and disciplined for the protection of their liberties. This can only be done by congress passing such laws as will operate equally on all the states, and oblige all to contribute their part towards putting the country in a proper state of defence. Such a plan as was recommended by a board of officers convened by order of the late Secretary at War, to establish camps of instruction in all parts of the union, and to have proper instructors appointed, who should at the same time be under the command of the state officers, would, it is believed, go far to promote the object in view.

The late Military convention having assembled from all parts of the state, and being composed of military gentlemen of the first respectability, were well quali fied to judge of the propriety of a change in the Militia system, and their opinions are consequently received by the committee with much respect. That convention, though differing in opinion respecting the best remedy to be applied to the present defective system, appeared to admit unanimously that a change was absolutely necessary; and that whatever plan might be adopted as a substitute, that the trainings of all ununiformed militia should be abolished.

It was stated in that convention, that in some counties the musters were conducted in so disorderlya manner, and intemperance and riot prevailed to such a degree, that the courts of quarter sessions bad in some instances been employed for a whole week together, in settling the disorders that have originated at those trainings.

Viewing the subject at large, the committee have arrived at the conclusion, that in order to place the militia of the state in any thing like a respectable condition, one of two courses must be taken; and that either the number of days of training the "militia" ought to be increased, and the fines for non-attendance raised, or, otherwise, to dispense altogether with the militia trainof training for the whole militia, under existing circumstances, would appear to be a waste of time, and while it would accomplish but little in acquiring the military art, it would probably have rather a deleterious effect on the public morals. It therefore follows as a matter of course, that the most economical and most effectual plan is, to patronize volunteers, and to depend on them altogether in time of peace.

In the very organization of our republic, the militia seems to have been a component part of the system, and one, without which the other parts could not long hold together. A people who would be self-governed must be self-defended. The armed yeomanry of the repub-ings, and depend on volunteers. To increase the days lic are those into whose hands the protection and defence of the people's rights can be most safely intrusted, as they are indeed the people themselves, whose liberties are to be protected. But it is not only necessary that our citizen soldiers should be armed, but in some degree disciplined, for an armed multitude without discipline, must always be more terrible to itself than to its

enemies.

In the recommendation of the Governor to patronize volunteers, your committee most heartily concur; but the means necessary to accomplish that desirable object presents some difficulties, which, when considered, practically require investigation.

It is much to be regretted that congress has not, before this time, adopted a more general and efficient Militia law, as the existing laws of the United States are no more than the outline of a system. To prepare for the national defence is peculiarly the province of the national legislature, as it is a national concern, and cannot be executed by the laws of the several states with any thing like uniformity, for which some states may (and do) incur considerable expense in equipping and training their militia; some others, on which the public defence equally depends almost entirely neglect it. Thus, the most patriotic states have the burthen to bear, while by the social or federal compact, it ought to bear on all alike, as all are alike interested. In the present prosperous state of the finances of the United States to what purpose could a portion of the revenue be more properly applied than to prepare for the public defence.

The committee are aware that a respectable minority of the convention were in favor of classifying the militia by age, and requiring none to perform active service in time of peace, except those between the age of 21 and 26 years, and to compel this class to uniform and equip themselves under proper penalties; and that those between the age of 26 and 45 should be required to contribute a certain sum annually for the support of the junior or active class. An objection, however, meets this plan at the very threshold. That the legislature have the right to compel the whole body of the militia to arm, uniform, and equip themselves in such manner as they may think proper, will not be denied; but their right to compel a portion of our citizens to pay an equivalent for services which they are not permitted by law to perform, might at least be considered very doubtful. That objection, however, cannot be brought to bear against the system finally adopted by that respectable body; for if all have an option to uniform and equip themselves, or contribute a small sum annually for the support of those who are willing to do so, no injustice will be done.

The right to compel all the militia to uniform and equip themselves at their own expense, has been exercised to the full extent by the legislature of Connecticut, as, by their revised statutes, every militia man, as soon as he arrives at proper age, or within six months thereafter, is obliged to arm, uniform and equip himself under high penalties; and for every day he may appear without his proper equipments, is fined five dollars for field days, and four for company days of training; and also a specific sum for every article of equipment that may be deficient.

If it should be said that a force, formed in this way, and to be raised and recruited by voluntary enlistments, would not be sufficiently permanent to depend on, for the public defence, it may be answered, that under the most adverse circumstances, without the patronage of government, volunteers have kept up a force for a number of years past, from 30 to 35 thousand, and it is reasonable to expect that if properly encouraged by the legislature, their numbers will increase rather than diminish, and would be found to answer every demand in time of peace.

Something, however, like the present organization of the militia, must be kept up, in order to conform to the act of congress of 1792, which, as long as it remains in force, must be complied with by the several states; though in some of the states it is used, but very partially enforced. What alterations may be made by congress, in the laws for organizing and disciplining the militia, appears quite uncertain, as the subject has been frequently before them, without having produced any thing like a system. But as the subject has been pressed on them during the present winter, by the legislatures of several states, it is hoped that something will ere long be done.

The

With respect to the amount to be levied on each militia man, in lieu of active service, there appears to be a difference of opinion among those best qualified to judge of the result. By communications from a number of gentlemen in the eastern section of the state, it wonld appear to be the general opinion there, that the sum fixed on by the convention was too small; while in the west it is considered more than sufficient. But taking the whole state together, it is perhaps about a proper standard; and as the legislature will at all times hold the lever in their hands, and can raise or lower it at pleasure, as circumstances may require, there cannot be much difficulty in fixing the proper maximum. As for instance, if the sum laid on each individual in place of The military convention have recommended that vomilitia duty, should be found to be so small as not to af-lunteers should be required to encamp at least three ford a sufficient compensation for those who would vo- successive days in each year, and that they should be luntarily uniform themselves, it might at any time be supplied with rations at the expense of the state. raised to answer that purpose. And, on the other hand, committee believe, that whatever number of days if it should prove to be so great as to bring into the field should be made obligatory, would be spent to more ada number of volunteers unnecessarily large, a proper vantage in a camp, than in meeting but one day at a check might be put to it by lowering the fines on ex-time, as a knowledge of camp duty is one of the most empts. It has been suggested that a distinction should important acquisitions of a soldier, and especially nebe made between the eastern and western divisions of cessary to prepare him for actual service. It may be the state, with respect to sums to be assessed for exemp- fairly calculated, that three days in succession, spent in tion from duty, as money in the middle and western an encampment, would be of more service than double counties is of more value in proportion to time or labor, the same time spent in meeting one day at a time. than in the east; but this distinction could not be easily only a knowledge of camp duty could be acquired by brought to practice, as it would be difficult to fix a geo- such encampments, but a good'degree of field discipline graphical line that would produce equality. A classifica- also, if suitable fields were selected adjacent to the tion with regard to property, has also been spoken of, camps. As it may be expected that these volunteer so that individuals should contribute towards the public corps, (as indeed is now the case) will be composed of defence in some measure, in proportion to his property, the flower of our youth, it will be incumbent on the leTo this also, there are objections, as it is not the money, gislature to do all in their power to guard the morals of but the time of an individual, that is required; nor has those who are to be the protectors of our liberties. this principle ever been admitted in our military code will be proper to provide by law, that suttlers shall be not even in assessing fines for non-performance of duty prohibited from disposing of ardent spirits at such enwhen called into actual service. campments, under sufficient penalties; nor ought this to be left discretional with the officers, as under the present law. It will be admitted by all, that a corps of military men, of whatever description, will in a short time take its character from its officers: it is, therefore, proper and necessary, that none should be selected for such responsible stations, who would not add to a knowledge of tactics and capacity to command, habits of sobriety, and moral rectitude of character. An army of citizen soldiers, trained in this way, would form a bulwark behind which the liberties of the country might rest secure.

If one dollar per annum be fixed on as an equivalent for military duty, it will be a considerable relief to that class of our citizens who are conscientiously scrupulous of bearing arms; and if the manner of collecting this should be changed, so as to have it done with the county rates and levies, it would be less offensive to them, and probably a much better account would be given of the money. In the neighboring state of New York, those who refuse to bear arms, are compelled to pay four dollars per annum, and in the state of Connecticut six, in lieu of military duty; while, under the proposed change, the same class of citizens, in our state, would have to pay but the small sum of one dollar a year.

Not

It

The committee are of opinion, that it would be more convenient and expedient, to allow to each troop or comShould an objection be raised, that by curtailing the pany of volunteers a certain sum in money, in lieu of ranumber of the militia in the way proposed, would be an tions and other expenses, in attending the encampinfringement of the constitution, which declares that ments; and that the fund to be raised for their support, "the freemen of this commonwealth shall be armed and after allowing for procuring colors, drums, &c. should disciplined for its defence;" and should this be so con- be divided pro rata among the several corps, having restrued as to require that every militia man should be gard to the different description of force. For instance armed and disciplined, your committee would reply, that -an artillery company ought to be allowed about 25 this provision has never been complied with in that per cent. more than a troop of cavalry, and a troop about sense; for by every law that has been passed for the re- the same ratio more than a company of infantry or rigulation of the militia, certain classes of our citizens flemen; as the expenses of the former are considerably have been exempted in addition to those exempted by greater than those of the latter. By the last report of acts of congress, and in some other states this exemption the Adjutant General, the whole number of militia is is carried to a much greater extent, so as to embrace 102,205, including 34,377 volunteers. Admitting that fire companies, and those engaged in iron and other the volunteers should increase to 50,000, if proper enmanufactories; nor would this system deprive any citi-couragement was given, and deducting that number

zen of the right to bear arms.

from the total, would leave something more than

130,000 enrolled militia; and after making allowance for minors, and also for those who have served the time required by law in volunteer corps, and who would of course be exempt, there would remain about 100,000, who would be subject to pay a tax or equivalent, which would amount to $100,000. By applying this fund to the support of volunteers, it is believed it would be sufficient to ensure the services of a force that would answer every demand in time of peace.

of the district, they would be collected more promptly, and a better account had of them.

The legislature of New York by their revised statutes, have made special provision, for organizing and disciplining the volunteers of their metropolis, and your committee can see no reason why the citizens of Philadelphia should not have a fair opportunity to prepare for their own defence.

In conclusion, your committee beg leave to observe, Respecting those who have served seven years in vo- that after viewing the subject in all its various bearings, funteer corps, in conformity to the acts of 1818, and they have no hesitation in saying, that in their opinion 1822, it is not expected that they could either be called not only the public safety, but the public morals would on to uniform or attend the trainings in time of peace, be promoted by the proposed change in the system, and or to contribute an equivalent, and would therefore be that economy speaks loud in its favor. At an early exempt in this case. What portion of those will be en- period of the session, and shortly after the sitting of the titled to exemption by the above recited acts, is a ques-committee of the House of Representatives, and after convention, your committee had a conference with the tion which remains unsettled, and the practice of giving certificates in such cases is different in different sections due consideration, it was thought that as a radical of the state. For instance, some have contended that change was contemplated, it would be most expedient when a company is organized, and they agree on some to lay the subject before the people, until the next seskind of citizen's dress, such as citizen's coats, and other sion of the Legislature, in order to ascertain how far it citizen's clothing, with badges and appendages, such as might have the sanction of public opinion. With this a sash and some trappings to the hat, that it ought view, the committee have herewith reported resolutions to pass for uniform; but such a dress would not authorizing the Governor to appoint suitable persons to appear to be in any good degree complying with the draft a bill to be submitted to the next Legislature. The provisions of the forty-first section of the act of 1822, committee are persuaded that in order to have a bill prowhich provides that volunteers shall conform in their perly arranged, it ought to be done by persons who dress, "as nearly as may be to the same kind of force in could devote their whole attention to the matter, which the army of the United States." It would, however, cannot be the case by a committee during the session. appear, that where a company had uniformed in good The Legislature of New York considered the militia law military style, and were inspected and returned by the of their state of so much importance, that they not only proper Brigade Inspector, and had attended the requi- appointed special commissioners to revise their militia site number of days of training, that notwithstanding code, but also held a special session for its considerathey had not in all cases conformed to the exact letter tion. All which your committee most respectfully subof the law, yet the intents and purposes of the law were fulfilled, and they would be entitled to exemption "except in time of an evasion, insurrection or actual war." As it is properly the duty of Brigade Inspectors, not to organize or return any company which is not uniformed according to law, a proper penalty ought to be exacted for a neglect or breach of that duty, for where a company is organized and returned, it is natural for them to expect all the privileges and benefits at

tached to their station.

It is not expected there will be a sufficient number of tents and camp equipage, to supply all the volunteers at the same time, but such distribution might be made by the Adjutant General as to give to each division its proper quota, and require the Major Generals to make such arrangements for their brigades, as to have them used alternately by the different corps, and that a proper latitude should be given in the time of meeting in camp, so that the tents and camp equipage might be used in turn.

By a resolution of the late military convention, it is recommended to the legislature, to vary the general law, so as to permit the volunteers of the city and county of Philadelphia, to organize in a manner that would be best calculated to prepare them for the protection and defence of that wealthy and flourishing city, the exposed situation of which might, in time of war, subject it to the plunder of an invading enemy; and that the fines collected in the district should be appropriated to the volunteers of that division. The propriety of affording to the citizens of our large maritime cities throughout the Union, every encouragement to place themselves in a defensive attitude, must be obvious to every one who will consider their exposed situation, and that they have only their citizen soldiers to depend on in any emergency that may occur. The state would not lose much by such an arrangement; for notwithstanding the great wealth and population of this city, it has not heretofore done more than contribute its due proportion to the funds for the support of the militia system, and it is probable that if the fines of the first division were exclusively appropriated to the volunteers

mit.

RESOLUTION

RELATIVE TO A REVISION OF THE MILITIA SYSTEM.

tatives of the Commonwealth of Pennsylvania, in Gener-
Resolved, by the Senate and House of Representa-
al Assembly met, that the Governor is hereby author-
ized to appoint three competent persons, whose duty it
shall be to draft a bill revising the present militia laws,
and report the same to the next Legislature, at the com-
on the following principles:
mencement of their session. The bill to be predicated

will voluntarily uniform and equip themselves, or have
1. That all the training except those citizens who
already done so, and be attached to some volunteer
corps, shall be dispensed with; and every able bodied
citizen between the age of twenty-one and forty-five
years, and who are not exempt by any law of the Unit-
ed States, or may be thought entitled to exemption by
the laws of this state, and who will not uniform and
equip themselves as volunteers, shall pay the sum of

per annum in lieu thereof, to be collected with the county rates and levies, which shall constitute a fund for the support of volunteers.

2. That volunteers shall be organized into divisions, brigades, regiments and battalions, as far as practicable, and be required to perform camp duty, at least three successive days in each year.

MESSAGE OF THE GOVERNOR To the Legislature, upon returning with his signature, the bill relative to the Pennsylvania Canal and Railroad, read in the House of Representatives, March 30, 1832. To the Senate and House of Representatives of the Commonwealth of Pennsylvania:

GENTLEMEN:-The bill entitled "an act relative to the Pennsylvania canals and rail-roads," was presented late in the afternoon of yesterday for my approval; and much as I regret that it does not embrace within its provisions, all the interests that in my opinion ought, in the progress of its enactment, to have entered into the con.