dungeon in one of his caffles; but a dreadful tempeft arifing, the Governor found that Tell's affiftance was neceffary, to fave himfelf and his crew. He therefore, ordered the fetters to be taken off; and Tell, having fleered the veffel with falety, towards a landing place, with which he was well acquainted, threw himfelf into the water with his bow, and fed to the mountains. He there waited in a place that Grifler was obliged to país, and hot him in the heart, with his remaining arrow. The brave Switzer then haftened to announce the death of the tyrant, and their confequent deliverance, to the confederates; and putting himself at the head of a multitude of his gallant countrymen, he took all the fortreffes, and made the Governors prifoners.

Such is the celebrated hiftory of the commencement of Swifs liberty, which fome of the greateft painters have felected as a favourite subject. It must not be concealed, however, that fome hiftorians affect to call in queftion the circumftance of the apple; while others, on the contrary, have implicitly received it. The former affert, that a fimilar event had occurred long before to Tocho, an excellent mark(man, in the army of a Gothic Monarch, named Harold; but this is no conclufive proof, that the fame event, might not happen af terwards to a very different perfon; nor is there any reafon for fuppofing that the Switzers would have recourte to fable, in order to account for a revolution, that was not only very fignal in itfelf, but that happened not much more than four centuries ago.

But not to inveftigate this fubje& further, all biftorians are agreed, that William Tell was one of the most diftinguished authors of this glorious revolution. Griffer was unqueftionably killed by him with an arrow. He entered into an affociation with Werner Stouffacher, Walter Furf, and Arnold de Meltal, whofe father had been deprived of his fight by the inhuman monfer. The plan of this revoPution was formed on the 14th of November 1307. The Emperor Albert who would have treated thefe illuftrious men as rebels, was prevented by his death. The Archduke Leopold marched into their country, with an

army if 20,000 men. With a force not exceeding 500, the brave Switzers wanted for the main body of the Aufan army in the defiles of Mergate. Plore fortunate than Leonidas and bis Lacedemonians, they put the invaders to A ght, by rolling down great ftones from the tops of the mounta-as. Other bodies of the Auftran aray were defeated at the fame time, by a number of Switzers equally fmail. This vidory having been gained in the Cantons of Schweitz,the two other Cantons gave this name to the Contederacy, into which, by degrees, other Cantons entered. Berne, which is to Switzerland what Amfterdam is to Holland, did not accede to this alliance till the year 1352; and it was not till 1513 that the (mall diftri&t of Appenzel united to the other Cantons, and completed the number of thirtees. No people ever fought longer,nor better, for their liberty. They gained more than fixty combats againft the Auftrians, and, it is believed, will long preferve their independence. A country, which is not too extenfive, nor too opulent, and where the laws breath a fpirit of mildness, muft neceffardly be free. This revolution in the goversment, produced another in the afpe&t of the country. A barren foil, neg. lected under the dominion of tyrants, became, at length, the fcene of culti vation. Vineyards were planted on rocky mountains; and favage traЯs cleared and tilled by the hands of freemen, became the fertile abodes of peace and plenty. The thirteen Cantons, as they now ftand in point of precedency, are 1. Zurich, 2. Berne, 3. Lucerne, 4. Uri, 5. Schweitz, 6. Uaderwalden, 7. Zug, 8. Glacis, 9. Bafil, 10. Fribourg, 11. Soleure, 12. Schaffhaufen, 13. Appenzel.

I.

The Free Republican, No. VI.

A DEMOCRATIC

vernment has, in the courfe of thefe papers, been frequently reprefented and defined to be that, wherein each individual poffeffes an equality of power. And it has alío been obferved, that as men are entitled to political authority in proportion to their rights in fociety, wherever these

is an inequality in the diftribution of property, a democracy can never be free. It was from this idea I prefume, that the department of legiflation in this Commonwealth, was formed of two branches, a Senate, and Houle of Reprefentatives, each having a negative on the other. As the former are chofen by diftrifts, proportioned to their payment of the public taxes, no one can doubt but that that branch of legislation was intended to reprefent the PROPERYY of the citizens; the latter being chofen by the people, on the principle of equality muft certainly be defigned for a reprefentation of Their PERSONS. The neceffity of fuch a diftribution of power, in a community like this, I have already attempted to prove. I shall now proceed to enquire, whether, by the Conflitution of Mafichufetts, there is, in fact, a reprefentation of the perfons, as well as the property of its citizens.

By the conftitution the Senators are to be chofen by diftricts, and the number of each proportioned to its property. The Houfe of Reprefentatives by towns proportioned to their numbers. The qualifications of a Senator are real eftate of three hundred pounds, or perfonal estate of fix, refidence within the Common. wealth five years preceding his election, and at the time of the choice, an inhabitant of the diftri& he may be chosen to reprefent. Thofe of a member of the Houfe of Representatives are a freehold within the town, of one hundred pounds, or other eftate of two, and one years inhabitancy. The qualifications of the electors both of the one branch and the other, are in every infance alike.

All reprefentative bodies are but a mere epitome of the body reprefented, a reduction of the whole to a fmaller fcale, wherein all their property, rights and privileges are def cribed. As the refpe&ive conilithents of the two branches of legifgiflation muft, from the very nature of delegation, poffefs the fame rights and powers in the adminiftration of Rovernment, were they affembled in their own perfons inflead of thofe of their reprefentatives, to de

termine the queftion before us, with accuracy and precifion, it is important to confider, whether if the whole people were affemoled for the purpofe of legiflation according to the fpirit of the conftitution, alliaws that should be thus made would, from the nature and form of the affembly, have the confent of a majority of the property as well as the perfons of the community. Were the whole community thus affembled, it is plain, that every law muft be twice voted for before it could be legally binding, once by the whole people affembled in one body, and once by the people affembled by diftricts; in the latter cafe each diftrict would be divided into as many claffes as they refpectively are intitled by the conftitution to fend members to the Senate. The ma jority of the claffes of the whole Aate would decide the vote in the fecond inftance. The firft affembly would undoubtedly answer to the House of Reprefentatives, the latter to the Senate; for though the fenators are required to poffefs a greater extent of property than the ele&ors, yet as they are chofen by a majority of numbers who may poffefs a minority of the property, they depend on them for their exiftence, and muft be fuppofed to purfue their wishes. From this reprefentation it is plain that a law approved by a majority of the whole people affembled in one body may be negatived by a minority affembled by diftrifts. But would the voice of a majority of the claffes be the voice of a majority of the property? It is plain that it would not; for though the claffes in each diftri& are proportioned to its property, yet a majority of the voters in each may poffels a minority of the property.

Thefe reflections lead me to fome obfervations on the Roman Comitia, which in their turn may throw fome. light on the question before us. The inhabitants of Rome, by the inftitution of Romulus, were divided at firf into three equal parts or tribes, and each tribe into thirty Curiæ of an hundred men each. To the affemblies of the people three things were. committed to create magiftrates, make laws, and determine concerning

any

any peace or war that was propofed by the king; yet in all thefe things the Senate's approbation was neceffary. The people for many years gave their voices by Curiæ, in which every private man had his vote. The majority of votes in each Curia determined the fenfe of that Curia, and what the major part of the thir ty Curiæ determined was deemed the refolution of the whole affembly, which affembly was therefore called Comitia Curiata. The Senate confifting at first of an hundred men, and chofen from the body of Patricians, that is, fuch of the republic as had been distinguished by the king from the reft of the people, by reafon of their being better born, more rich or more eminent for virtue, were not only to be judges in private caufes, but to deliberate upon fuch publick affairs as the king proposed, and to determine by the plurality of voices. Had this fyftem of governmeut continued, Rome might probably have remained for a long time happy. The people were the protectors of their own perfons. The Senate would undoubtedly have been the guardians of property. But Servius Tullius defroyed the ballance and fowed thofe feeds of faction and cabal that ever harraffed the government in her brightest days and finally produced her ruin.

Taxes, until the reign of this prince, had hitherto been levied upon the people at fo much a head, without diftinction of rich or poor; but as both forts were equally obliged to ferve in the field at their own expence it was often hard on the poorer. There was likewife this farther inconvenience in the former adminiftration of the government. In the Curia the rich and the poor, the patrician and plebeian were mingled without diftin&tion, and every man's voice of equal value. As the ignoble and ignorant were the more numerous, they had the greatest thare in the appointment of officers, mak: ing laws and deciding on peace and war. Percieving these inconveniences Servius undertook to ease the poor by burthening the rich, and yet to please the latter by augmenting their power. To this end he divided the Romans into fix claffes.

The first clafs confifted of those, whofe eftates in lands and effects were worth at least an hundred thoufand aifes of brafs. The fecond class comprehended thofe worth 75,000 akes; the third, those worth 50,000, the fourth 25,000, the fifth 12,500, the fixth included all those who had no eftates at all, or were not worth fo much as the foldiers of the fifth. Each of thefe clates were divided into a certain number of centuries, proportioned or nearly fo, to their property. These regulations being made, neither troops nor taxes were levied as formerly; but the firft and richeft clafs being more numerous in centuries than all the reft, furnished, of consequence, more men and more money for the publick fervice, than all the reft of the flate befides. However, that ample amends might be made this clafs, Servius gave it, in effect, the whole authority of the ftate, by affembling the people in Comitia by Centuries, in flead of Comitia by Curiæ, for the votes of the former being reckoned by Centuries, and the rich clafs containing more centuries than all the other five,had confequently every thing at its own difpofal. The firft clafs giving their votes firft, there was rarely occafion to go fo low as the fourth for a majority of votes. After this time the af femblies of the Curiæ were rarely called unless for matters of small mo

ment.

Within the little compass of hiftory that I have been acquainted with, I have never met with any fyftem of jurifprudence wherein the perfons and property of a community could be more compleatly reprefented than by the Comitia Curiatia, and Comitia Centuriata of Rome. Had the number of centuries been exacly proportioned to the property of the clafs, a law eftablished by each Comitia would have had that two fold confent in which confifts the effence of civil liberty.

As the rights of property as well as of perfons are individual in their nature, and as, in a free government, each citizen's fhare in political authoty ought to be proportioned to his rights in fociety, I know of no other way of obtaining the consent of a majority of the property, as well as the

pesfons

perfons of the Community, than an inftitution fimilar, in kind, with that eftablished by Servius Tullius. Our Senate and House of Representatives were undoubtedly intended to answer to the two comitia above described. The firft, like the comitia centuriata, to represent the property of the community; the laft, the comitia by curiæ,to reprefent their perfons. And this by the Houfe is compleatly effect. ed; but the Senate reprefent pei. ther the perfons of the citizens, nor their property; but only the perfons of particular diftricts; because, tho' intended to answer to the comitia by centuries,they are chosen by an affembly not of the centuries but of the curiæ. That is to fay, a body in ended to check the encroachment of the people, are chofen and appointed by the very men they are inftituted to controul.

It must be acknowleged, however, that by the present system of legiflation, many conveniencies are felt. The refult of a fingle affembly would probably be hafty and indigefted were there not a fecond to revife and con troul.

Those who framed our conftitution feemed to have conceived that property was attached to diftri&s, and

rity of but perhaps a third of the individuals in the government may negative the almoft unanimous voice of the whole. Hence I think it is plain that the fenate is not only, not a reprefentation of property, as it ought to be in order to render the government free, but according to the prefent inftitution is repugnant to the principles of civil liberty, which ever hold it as an indisputable truth, that an equality of rights ought ever to be attended with an equality of power. The citizens of Malfachufetts are, I believe, at present, as happy as any people in the world and whe ther this unequal diftribution of power has, or ever will occafion any evils dangerous to the republic, is not for me to to determine. It is however a very melancholly truth,that the wifeft and the beft governments, from the inftability of human affairs,haften rapidly to their decline. Of course, that, which in its very form carries with it the inftruments of its own ruin, can never be flattered with a long period of duration.

(To be continued.)

To the EDITORS of the BOSTON MAGAZINE.

American Locuit may not be unacceptable to fome of your Readers.

HIS infe&, from head to tail is

TH

about an inch and a half; and rather bulky in proportion to its length. The head is furnished with two eyes which are red and prominent, and two short rigid horns between them. No mouth is to be seen but a long tapering trunk descends It has three pair close to the breaft. of legs and two pair of wings. The wings are very thin and tranfparent; the outward pair extending themfelves to a confiderable distance beyond the tail; the inner terminating with it. The back is of a black colour; and the wings, at their beginning and lower edges, and the fcales of the bell, are of the yellow. The male Locuft has, under each wing, near infertion, an opening into the

cavit

cavity of the belly, by means of which a confidarable found is produced, whenever the wings are moved, fimilar that of a tree toad, though fainter, foiter and much more agreeable. The female, being deftitute of thefe apertures, is entirely fient. But the is provided with a furpring apparatus, for penetrating folid fubdances, and forming a fafe receptacle for her eggs. This auger, or piercer, is better than half an inch long,of a gloffy blacknefs, and round till towards the end, where it flats into the shape of an unbarbed arrow. It arifes from the belly where that begins to taper, refting upon a kind of a hard cartilaginous plate, and bedding itfelf in the y elding parts, runs in a curve-like direction, to the end of the tail. This the erects at pleasure, and with it furrows the bark of the flender branches of trees, confining herself moftly to the oak, more especially the white oak fapling. She then, in an oblique direction, pierces the woody parts to the very centre, driving the inftrument home to her belly, where he fcoops out a cavity, and with the fame inftrument depofits her eggs. She receives the male at a mall opening directly above the cartilaginous plate, uniting with fuch firmness, as not to be feparated without difficulty, and even injury to one or both the parties. This amourous intercourfe proves fatal, at leaft apparently, to many of the females.

In the fall of the year, before the frofts fet in, the worms, proceeding from thefe eggs, leave their habitation,and bury themselves in the ground till the feventeenth year from that time, when they rife from their fepulchres, and afcend the firft tree they can find: they then split open the cafe which infolds them, and, leaving that behind,foon commence inhabitants of the air, and make the woods refound with their mufick, feeming to enjoy, with the most exquifite delight, their new ftate of existence.

They ufually appear about the middle of June, fooner or later as the feafon is mild or fevere, and continue five or fix week, when they fall to the ground, and afford a delicious repaft for hogs. They are not to be feen in plenty, except in a light and dry foil covered with wood.

This fpecies of locuft, upon many accounts, is an object of attention to the lover of natural hiftory. Its being peculiar to America, its being fo long in a fate of feclufion, and the various changes it may pals through in this retirement, in a special manner call for his notice and enquiry.

"The firft mention, and indeed the only one which I have happened to find of this infect, is in the New England's memorial, the author of which observes, that in the fpring of the year 1633" there was a numerous company of flies which were like for bigues unto wasps and busible bees, they came out of little holes in the ground, and did eat up the green things, and made fuch a conftant yeiling noise as made the woods ring of them, and ready to deafen the hearers; they were not any of them heard or feen by the English in the country before this time but the Indians told them that Ackness would follow, and fo it did very hot." This By muft undoubtedly be what we now call the locuft, though their eating up the green things, muft be a mistake; and perhaps alfo, the author has miftook the year; for calculating from the time he (peaks of, the locuft year, as it is commonly called, would fail in 1786, infead of the prefeat year. I have talked with many old people on the fubject, who all agree that none were to be feen, but on every feventeenth year, and that this bas regularly taken place from as far back as their memory ferves, to the prefent year 1784

Whether they now, in the opini on of the common people, prefage fickness, I know not; but I observe that their wings are made to be prophetic: A black zig zag line near the extremity of the outward wings is faid to look fometimes like a P, then peace will enfue; fometimes like a W, then waris denounced; but what is ftill more terrific, when all the letters of the Alphabet have been fucceffively impreffed on their wings, the end of the world would take place and the laft impreffion was an