Chapter 16

legislation on the subject of entail; by this we learn that previous to the revolution the colonies followed the English law of entail. Estates tail were abolished in Virginia in 1776, on a motion of Mr Jefferson. They were suppressed in New York in 1786; and have since been abolished in North Carolina, Kentucky, Tennessee, Georgia, and Missouri. In Vermont, Indiana, Illinois, South Carolina, and Louisiana, entail was never introduced. Those States which thought proper to preserve the English law of entail, modified it in such a way as to deprive it of its most aristocratic tendencies. `Our general principles on the subject of government,' says Mr Kent, `tend to favour the free circulation of property.'

"It cannot fail to strike the French reader who studies the law of inheritance, that on these questions the French legislation is infinitely more democratic even than the American.

"The American law makes an equal division of the father's property, but only in the case of his will not being known; `for every man,' says the law, `in the State of New York, (_Revised Statutes_, volume III, _Appendix_, page 51), has entire liberty, power, and authority, to dispose of his property by will, to leave it entire, or divided in favour of any persons he choses as his heirs, provided he do not leave it to a political body or any corporation.' The French law obliges the testator to divide his property equally, or nearly so, among his heirs.

"Most of the American republics still admit of entails, under certain restrictions; but the French law prohibits entail in all cases.

"If the social condition of the Americans is more democratic than that of the French, the laws of the latter are the most democratic of the two. This may be explained more easily than at first appears to be the case. In France, democracy is still occupied in the work of destruction; in America, it reigns quietly over the ruins it has made."--_Democracy in America, by A De Tocqueville_.

Note 3. In New England the estates are exceedingly small, but they are rarely subjected to further division.

Note 4. It may also be here observed, that the Americans have little opportunity of judging favourably of the English by the usual _importations_ to their country. They all call themselves English _Gentlemen_, and are too often supposed to be, and are received as such. I have often been told that I should meet with an English gentleman or an English merchant, and the parties mostly proved to be nothing but travellers, bagsmen, or even worse. If the sterling Americans stay at home, and send the bad ones to us, and we do the same, neither party will be likely to form a very favourable opinion of the other for some time to come.