not overlook these considerations, we may advert to the fact that Mr. Madison moved to strike out the word 'permanent' from the act establishing the seat of government, because the constitution did not contain it. Nor is this the only difficulty involved by this construction-the same section gives a like power relative to forts and arsenals; and, contrary to reason and the usages of Congress, this power, when once exercised, would be thus considered as executed and exhausted.

"It might be replied that this word 'permanent' meant only an indefinite period; that it was designed merely to require the removal to be made by law, and not by resolution of the two Houses; or it might well be said that Congress could not, by contract, part with a power reposed in them by the constitution for wise purposes; but, in point of fact, the history of the transaction does not sustain this view of the contract. Neither Virginia nor Maryland, by their acts of cession, made the permanence of the seat of government a condition of the grant."

The view taken by the States and proprietors is, we think, well expressed in the language of the Supreme Court per Story, Judge. They might, and, indeed, must have placed a just confidence in the government, that, in founding the city, it would do no act which would obstruct its prosperity, or interfere with its great fundamental objects or interests. It could never be supposed that Congress would seek to destroy what its own legislation had created and fostered into being. The city was designed to last in perpetuity, "capitoli immobile saxum.”

While the force of these remarks must be admitted, and while it is certain that justice to the proprietors, and good policy, forbid that any light or trivial considerations should break in upon the arrangements then made, the conclusions of Mr. Brent will, we fear, not receive a ready assent. The proprietors could hardly have been warranted in the conclusion that their interests would be consulted in opposition to those of the whole Union, if it should happen that the welfare of the nation imperatively required such a change, and it should be called for by a majority of the people.

The proprietors entered into their agreement subject to the risk of such a contingency's occurring; in which case, the most that they could claim, would be a right to compensation for the depreciation in the value of property which must ensue. This proposition seems to have been generally admitted in the discussions which took place in Congress on the question of removal after the war of 1812. What contingency would justify such a removal, will be considered in a subsequent chapter.

Art. 11. THE LIFE OF MAJOR SAMUEL SHAW,
THE FIRST AMERICAN CONSUL AT CANTON.†

(WITH A PORTRAIT.)

AMONG the discordant materials of which our army of the Revolution was composed, those men were not wanting who are commonly the early victims of great popular struggles ;-men, moderate and firm in the council, prudent and fearless in the field; not selfish in their ambition, not ran

* Van Ness and wife, vs. City of Washington and the United States, 4 Peters, p. 280. + The Journals of Major SAMUEL SHAW, the first American Consul at Canton. With a Life of the Author, by Josiah Quincy. Boston: Wm. Crosby and H. P. Nichols.

corous in their patriotism; in whom a pure conscience and a clear intellect rule with an equal and a harmonious supremacy. Such men, impatient of injustice and of corruption, are usually foremost in those acts of resistance in which every revolution begins; but, as the contest goes on, they are thought to move too slowly. Their virtues are not understood. If they are in the senate, their motives are suspected; if in the army, their courage is questioned. Fiercer and less scrupulous spirits, more nearly akin to the heightened passions of the people, press forward and take their place; and the old scene is again enacted, of a nation, risen in arms against its oppressors, only to be desolated by anarchy and bound anew in servitude.

It was the good fortune of America, or rather-if we may read, in the events of this world's history, the motives of its Ruler-it was the blessing of God on America, that, in her Revolution, such men as we have described maintained their control to the end. They were the leaders of the army, for it had been the plan of England to shut them out from the high offices of state. They were beloved by the army, for their peculiar virtues found daily exercise in the long train of disaster that makes up the story of the war. Washington was at their head; and the qualities that distinguished them shone forth, in him, with a still brighter lustre. They were the interpreters of his spirit to the people; and, doubtless, if ever his wonderful equanimity failed, and he became like other men, he gathered fresh courage and renewed strength from their intelligent sympathy.

Of these men, holding a rank in the army suited to his age and experience, Samuel Shaw was one. Like most men of his time, he acted various parts in the changing drama of life. In his youth, an active and gallant soldier; in his manhood, a sagacious and enterprising merchant ; for a short period, filling an office of trust in the Department of War; for several years, representing his country, as consul, abroad; and at all times maintaining a lofty character for talents and integrity, it is not to be doubted that his early death alone prevented him from reaching a station more marked and eminent.

His memoir, before us, is written by one who, in early youth, enjoyed "the privilege of his acquaintance and correspondence;" and who, after the lapse of more than fifty years, passed in constant intercourse with mankind, says, that he has "never known an individual of a character more elevated and chivalric, acting according to a purer standard of morals, imbued with a higher sense of honor, and uniting, more intimately, the qualities of the gentleman, the soldier, the scholar, and the Christian." With the memoir are interwoven many letters, written by Major Shaw from the camp to his friends at home. These are so selected and arranged, as to indicate the character, as well as the passing emotions of the man. Apart from their personal interest, they form a valuable commentary upon those memorials of the times, which have been collected, with so much zeal and judgment, by the historian of Washington.

To the Memoir are appended the journals of Major Shaw's first two voyages to Canton. "These Journals of Major Shaw," says the Preface, "came, after his death, into the possession of his nephew and legal representative, Robert Gould Shaw, of Boston. Their publication has often been solicited, but has hitherto been withheld; the present proprietor doubting if a work not originally designed for the press could with propriety be given to the public. He has, however, now yielded to the urgency

of friends, and to the assurance of judicious merchants, long and intimately acquainted with the China trade, that their publication not only will be practically useful, but is due to the memory of their author, will redound to his honor, and will gratify a wise public curiosity concerning the early state and history of this branch of American commerce. Assuming all the expenses, Mr. Shaw has transferred the copyright of the book to the Boston Marine Society, in aid of whose funds he was of opinion its proceeds would be most appropriately applied; and to this object they are devoted."

We hope that a brief sketch of Major Shaw's life, and such extracts from his letters and journals as our limited space will allow, may not be uninteresting to our readers.

Shaw was a Boston boy and a North End boy. He was educated at the common schools and at the Latin school, then under the care of Master Lovell. Of course, his heart was full of patriotism, and his mind well grounded in good learning. His father, Francis Shaw, an eminent merchant, designed the lad for his own pursuits; and, at the opening of the war, Samuel had lately entered a counting-house. His mercantile success, in after years, shows that the occupation was not uncongenial to his tastes; but the quick spirits of youth perceived something of more interest than money columns in the stirring events of the time. A tradition, preserved in the family, proves how keenly, at this time, he felt for the honor of his country. Boston, being held as a garrison town by the British, the officers of the army were billeted upon the inhabitants. The house of Francis Shaw was assigned, for quarters, to Major Pitcairn and Lieutenant Wragg. At the table the latter, in the presence of Samuel Shaw, called the Americans "cowards and rebels." Shaw was indignant at the re. proach, and immediately challenged the lieutenant. Before the arrange. ments for the duel were completed, however, Major Pitcairn interfered, and induced Lieutenant Wragg to offer an apology, which, being accepted, the affair was thus happily terminated.

On the 2d of October, 1775, Shaw came of age. With his father's approbation, he immediately prepared to join the army, which Washington was then organizing at Cambridge. On the 1st of January, 1776, he received the commission of lieutenant in the train of artillery; and, in this branch of the service, he remained during the whole of the war.

On joining the army, Lieutenant Shaw was stationed at Prospect Hill, a height overlooking Charlestown and opposite to Boston, which were both in the possession of the British. Nothing of interest occurred here, save, now and then, an irregular attack upon the outposts of the enemy. A characteristic anecdote of General Putnam is related, in connection with one of these skirmishes:

"A successful attempt had been made on Charlestown, and ten houses were burnt. The expedition was carried on with great secrecy, hardly any person, besides those employed, knowing a syllable of the affair until they had the pleasure of seeing the blaze. Among the prisoners taken was a woman, who, being something fatigued, was, by General Putnam's order, carried between two men part of the way; but, this mode being found inconvenient, the General, with his usual affability, cried out :- Here, hand her to me;' which being done, she put her hand round his waist, and made this pious ejaculation as they rode off: Jesus bless you, sweet General! May you live forever!""

For some time Washington had been meditating a plan for dislodging

The

the enemy. Accordingly, on the night of the 4th of March, 1776, a por tion of the army, in which was Shaw's company, took possession of Dorchester Heights, a range of hills commanding the harbor of Boston. movement was successful. On the 17th of March, the British troops evacuated the city. From that time, the current of the war was turned in other directions.

Lieutenant Shaw went, with the main body of the army, to the west. ward. In August, 1776, he was entrusted with the command of Fort Washington, an important post on the Hudson. About this time Colonel Tupper, a partisan officer, with the galleys under his command, made an attack upon two of the enemy's ships, which, in the month of July, had succeeded in passing the American batteries, and ascending the river as far as Tappan Bay. Lieutenant Shaw volunteered on the occasion, and, in a letter to his father, he gives the following account of the affair :-

"It was a hazardous design, the force on our side being so much inferior. We had only six galleys, that could bring but eleven guns, in the whole, to bear against two ships, one of twenty, the other of forty-four guns, assisted by three tenders, with the advantage of spring cables, while we were obliged to work our little fleet entirely with oars. Notwithstanding which, we engaged them within reach of their grape-shot for near two hours, when, being much damaged, two men killed, and fourteen wounded, we were obliged to retire, which we did without their pursuing; though one of our galleys lay on the careen a whole tide in sight of them. Five of the wounded fell to the share of the Washington, where I was on board; which was hulled thirteen times, besides the grape-shot received in her sails and rigging. You will, perhaps, wonder what business I had on board, it being out of my sphere, which I readily acknowledge; but the desire I had to see an affair of that nature got the better of any other motive, and inclined me to volunteer. It was no small encouragement to me, when I saw two other gentlemen come on board in the same capacity; one of whom was a merchant in the city, and the other first aid-de-camp to General Washington. The commodore treated us very politely, and, when the action came on, gave me the command of the two bow-guns, which was sufficient employment for me, while my companions had nothing to do but to look on."

In October, 1776, shortly before the battle of White Plains, Shaw left Fort Washington, the capture of which, in the following month, "formed,” says he, "a pretty subject for Howe to write upon. He would, otherwise, have had chagrin enough, since he has done so little towards subduing America."

Between this time and August, 1779, Shaw was successively promoted to the ranks of adjutant and brigade major in the corps of artillery. By his gallantry in the various actions at Trenton, Princeton, the Brandywine, Germantown, and Monmouth, he gained the confidence and affection of General Knox, who, in August, 1779, made him his aid-de-camp. In this station he remained till after the close of the war. The friendship thus formed between the young officer and his general continued, without interruption, until they were separated by death. In 1792, party spirit commenced its opposition to the administration of Washington by violent assaults upon the character of General Knox, and other members of the cabinet. We make a short extract from a letter written, at that time, by Major Shaw to his early friend, to express his indignation at these attacks. It relates an interesting incident of the war :-

"Happy must you feel-thrice happy am I-in the reflection, that, so long as the American name shall last, yours will be handed down with distinction in the

list of the valued file;' and the artillery, which, formed under your auspices, equalled every exigence of war, will be regarded as the child of your genius. Well do I remember the honorable testimony of the gallant Lafayette, amidst the thunder of our batteries on the lines at Yorktown. 'We* fire,' exclaimed he, with a charming enthusiasm, better than the French,' (and faith we did, too.) To this I made a suitable objection. His reply was, 'Upon honor, I speak the truth; and the progress of your artillery is regarded by everybody as one of the wonders of the Revolution."

In a letter written in June, 1779, Major Shaw gives the following account of the pecuniary situation of an officer, at a time when the depreciation of the continental currency, in itself a sufficient evil, had made the army the prey of every mean vice that avarice breeds and fosters :-

"I wish, seriously, that the ensuing campaign may terminate the war. The people of America seem to have lost sight entirely of the noble principle which animated them at the commencement of it. That patriotic ardor which then inspired each breast-that glorious, I had almost said godlike, enthusiasm-has given place to avarice, and every rascally practice which tends to the gratification of that sordid and most disgraceful passion. I don't know as it would be too bold an assertion to say, that its depreciation is equal to that of the currency-thirty for one. You may, perhaps, charitably think that I strain the matter, but I do not. I speak feelingly. By the arts of monopolizers and extortioners, and the little, the very little, attention by authority to counteract them, our currency is reduced to a mere name. Pernicious soever as this is to the community at large, its baneful effect is more immediately experienced by the poor soldier. I am myself an instance of it. For my services I receive a nominal sum-dollars at eight shillings, in a country where they pass, at the utmost, for fourpence only. If it did not look too much like self-applause, I might say that I engaged in the cause of my country from the purest motives. However, be this as it may, my continuance in it has brought me to poverty and rags; and, had I a fortune of my own, I should glory in persevering, though it would occasion a sacrifice of the last penny. But, when I consider my situation-my pay inadequate to my support, though within the line of the strictest economy-no private purse of my own-and reflect that the best of parents, who, I am persuaded, have the tenderest affection for their son, and wish to support him in character, have not the means of doing it, and may, perhaps, be pressed themselves-when these considerations occur to my mind, as they frequently do, they make me serious; more so than my natural disposition would lead me to be. The loss of my horse, by any accident whatever, (unless he was actually killed in battle, and then I should be entitled only to about one-third of his value,) would plunge me in inextricable misfortune; two years' pay and subsistence would not replace him. Yet, the nature of my office renders it indispensable that I should keep a horse. These are some of the emoluments annexed to a military station."

In 1781, Major Shaw's younger brother, Nathaniel, decided to enter the army. In a letter, encouraging the plan, Shaw gives a list of the articles necessary for an outfit; which, in deference to its statistical character, we extract. The reader will notice in the advice, "superfine will be cheapest," a touch of the peculiar thrift of New England:

Clothing, &c., necessary for a young campaigner :—

Beaver hat,..

Coat, faced and lined with scarlet--white vest and breeches-plain yellow buttons (superfine will be cheapest,)..

Three white linen vests and breeches,.

Six ruffled shirts and stocks,....

Four pairs white cotton or linen hose,..

*Lafayette being in the service of the United States, always spoke as an American.