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ver were the principles of true freedom less widely circulated； and at that very time those principles； which were scorned or unknown by the nations of Europe； were proclaimed in the deserts of the New World； and were accepted as the future creed of a great people。 The boldest theories of the human reason were put into practice by a community so humble that not a statesman condescended to attend to it； and a legislation without a precedent was produced offhand by the imagination of the citizens。 In the bosom of this obscure democracy； which had as yet brought forth neither generals； nor philosophers； nor authors； a man might stand up in the face of a free people and pronounce the following fine definition of liberty。 *l
＇Footnote l： Mather's 〃Magnalia Christi Americana；〃 vol。 ii。 p。 13。 This speech was made by Winthrop； he was accused of having committed arbitrary actions during his magistracy； but after having made the speech of which the above is a fragment； he was acquitted by acclamation； and from that time forwards he was always re… elected governor of the State。 See Marshal； vol。 i。 p。 166。＇
〃Nor would I have you to mistake in the point of your own liberty。 There is a liberty of a corrupt nature which is effected both by men and beasts to do what they list； and this liberty is inconsistent with authority； impatient of all restraint； by this liberty 'sumus omnes deteriores'： 'tis the grand enemy of truth and peace； and all the ordinances of God are bent against it。 But there is a civil； a moral； a federal liberty which is the proper end and object of authority； it is a liberty for that only which is just and good： for this liberty you are to stand with the hazard of your very lives and whatsoever crosses it is not authority； but a distemper thereof。 This liberty is maintained in a way of subjection to authority； and the authority set over you will； in all administrations for your good； be quietly submitted unto by all but such as have a disposition to shake off the yoke and lose their true liberty； by their murmuring at the honor and power of authority。〃
The remarks I have made will suffice to display the character of Anglo…American civilization in its true light。 It is the result （and this should be constantly present to the mind of two distinct elements； which in other places have been in frequent hostility； but which in America have been admirably incorporated and combined with one another。 I allude to the spirit of Religion and the spirit of Liberty。
The settlers of New England were at the same time ardent sectarians and daring innovators。 Narrow as the limits of some of their religious opinions were； they were entirely free from political prejudices。 Hence arose two tendencies； distinct but not opposite； which are constantly discernible in the manners as well as in the laws of the country。
It might be imagined that men who sacrificed their friends； their family； and their native land to a religious conviction were absorbed in the pursuit of the intellectual advantages which they purchased at so dear a rate。 The energy； however； with which they strove for the acquirement of wealth； moral enjoyment； and the comforts as well as liberties of the world； is scarcely inferior to that with which they devoted themselves to Heaven。
Political principles and all human laws and institutions were moulded and altered at their pleasure； the barriers of the society in which they were born were broken down before them； the old principles which had governed the world for ages were no more； a path without a turn and a field without an horizon were opened to the exploring and ardent curiosity of man： but at the limits of the political world he checks his researches； he discreetly lays aside the use of his most formidable faculties； he no longer consents to doubt or to innovate； but carefully abstaining from raising the curtain of the sanctuary； he yields with submissive respect to truths which he will not discuss。 Thus； in the moral world everything is classed； adapted； decided； and foreseen； in the political world everything is agitated； uncertain； and disputed： in the one is a passive； though a voluntary； obedience； in the other an independence scornful of experience and jealous of authority。
These two tendencies； apparently so discrepant； are far from conflicting； they advance together； and mutually support each other。 Religion perceives that civil liberty affords a noble exercise to the faculties of man； and that the political world is a field prepared by the Creator for the efforts of the intelligence。 Contented with the freedom and the power which it enjoys in its own sphere； and with the place which it occupies； the empire of religion is never more surely established than when it reigns in the hearts of men unsupported by aught beside its native strength。 Religion is no less the companion of liberty in all its battles and its triumphs； the cradle of its infancy； and the divine source of its claims。 The safeguard of morality is religion； and morality is the best security of law and the surest pledge of freedom。 *m
＇Footnote m： See Appendix； F。＇
Reasons Of Certain Anomalies Which The Laws And Customs Of The Anglo…Americans Present
Remains of aristocratic institutions in the midst of a complete democracy …Why？ … Distinction carefully to be drawn between what is of Puritanical and what is of English origin。
The reader is cautioned not to draw too general or too absolute an inference from what has been said。 The social condition； the religion； and the manners of the first emigrants undoubtedly exercised an immense influence on the destiny of their new country。 Nevertheless they were not in a situation to found a state of things solely dependent on themselves： no man can entirely shake off the influence of the past； and the settlers； intentionally or involuntarily； mingled habits and notions derived from their education and from the traditions of their country with those habits and notions which were exclusively their own。 To form a judgment on the Anglo…Americans of the present day it is therefore necessary to distinguish what is of Puritanical and what is of English origin。
Laws and customs are frequently to be met with in the United States which contrast strongly with all that surrounds them。 These laws seem to be drawn up in a spirit contrary to the prevailing tenor of the American legislation； and these customs are no less opposed to the tone of society。 If the English colonies had been founded in an age of darkness； or if their origin was already lost in the lapse of years； the problem would be insoluble。
I shall quote a single example to illustrate what I advance。 The civil and criminal procedure of the Americans has only two means of action …committal and bail。 The first measure taken by the magistrate is to exact security from the defendant； or； in case of refusal； to incarcerate him： the ground of the accusation and the importance of the charges against him are then discussed。 It is evident that a legislation of this kind is hostile to the poor man； and favorable only to the rich。 The poor man has not always a security to produce； even in a civil cause； and if he is obl