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JUST at this moment a waiter coming in, told
him there was a person without, that is, in the bar-room,
who wished to speak with him. Going out,
he saw Teague.

The fact was, being elated with the success of his
performance on the stage, attributing that to art
which was nature itself, he had counted more upon
his accomplishments than he ought to have done,
and had made advances to the mistress of the manager,
who was also an actress, and not greatly coveting
an amour with the bog-trotter, made a merit
of the circumstance, to induce an opinion of fidelity,
and informed the manager of the presumption of
the Irishman. The manager in the most unbecoming
manner, without either citation, examination,
trial, conviction, or judgment, but laying aside all
forms of law, had instituted an original process of
himself, and laying hold of a horse-whip, had applied
this implement to the back and shoulders of
Teague, and as the Irishman made an effort of resistance
at the first onset, the manager had been under
the necessity, by turning the butt-end of the

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whip, to knock him down, which he did by a stroke
above the left eye-brow, which not only bereft him
of senses for the present, but a discolouration of the
eye for some days, and a scar probably his whole
life after.

It was this incident had induced him to leave the
theatre, and brought him back to the Captain, whom
he now accosted in the following manner:....Dear
master, for the love of shalvation, forgive a poor
sharvant that has been killed this marning with a
great cudgel, just for nothing at all, but not pleasing
a damned whore, that wanted me to stale the manager's
cloathing, and go off wid her. This is all that
a poor sharvant gets by being hanest; but by shaint
Patrick, and the holy crass, it is what I deserve for
laving the sarvice of a good master, as your anour,
and taking up with bog-tratters, and stage players,
that would sooner take a cup of wine than the holy
sacrament, and get drunk every night in de wake,
and go to de devil head foremost; but if your honour,
dear master, will forgive the past, and my running
away, and laving you, I will come back again, and
sarve you to the day of judgment, or any langer
time that your honour plases, and clane your boots
and spurs, and rub down the bay harse; the poor old
crature, how aften I have tought of him when I was
in my rambles and he was a slape, laste they should
chate him of his oats, and give him nather hay nor
straw to ate; for I always liked to take care of a
good harse, and a good master; and aften tought of
your honour, when I was among the bog-tratters of
the stage, aud gave you a good name, and was always
talking of you and forgot my part, and put the
managers in a passion, who fell upon me, and bate
me like a dog.

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The Captain saw the inconsistency in the relation;
one while alleging the tale-bearing of the mistress,
as the occasion of it; again, a deficiency in the recital
of his part; but expecting no truth from the Irishman,
cared very little how it came to pass. The
principal thing that occupied his thoughts, was whether
to receive the bog-trotter, or dismiss him. He
reflected with himself on the trouble he had had
with him, on his various pretensions to advancement;
his uneasiness of mind, and fatigue of body, for several
days past, in examining stews, methodistical
conventicles, rumaging philosophical societies, attending
elections, and listening to the debates of
Congress, to see if he could any where observe his
physiognomy, or distinguish his brogue. He could
not think of subjecting himself to such uncertainty
in the attendance of any servant, with such preposterous
ideas, as being a legislator, philosopher, &c.
Again, he considered, that probably this last chastisement
he had received, might have a good effect,
in curing him of the freaks of his ambition; and a
mind broken and reduced by disappointment, is in
a mellow state, and more capable of receiving the
seeds of good advice, than a mind full of vanity or
pride, that has never yet received blows. Deliberating
on these grounds, his humanity prevailed, and
he determined to receive the raggamuffin into favour.

This being settled, and learning from the Irishman
in what manner he had been inveigled, and
drawn away by the manager, to go upon the stage;
and that it was only because Teague had made advances
to a woman that was a whore already, that
the manager had made such an attack upon his person,
he wished to punish him, if it should appear to
be within the province of the law to do it. Accordingly,
inquiring what principal lawyer there was in

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that city, was informed of a certain counsellor Grab
Taking Teague with him, he set out to consult this
gentleman. Counsellor Grab was in his office,
amongst large shelves of books, or shelves of large
books; not, as the Latins say, co-operatus, aut abrutus,
sed comitatus libris; that is, In the midst of
his books. He had on a pair of spectacles, not so
much on account of age, as to make the client believe
that he laboured under a premature want of
sight, from much reading; or, because a pair of lenses,
magnifying the organs of vision, gives the appearance
of a larger eye, which has a good effect on
the person consulting, impressing the idea of a
broader view of things that are before it.

Entering, the Captain addressed himself to the
counsellor, and gave him the outlines of the injury
done to Teague; the counsellor, in the meantime,
suspending his reading in a large book, which he
had before him, printed in Saxon letter, and raising
his head, until the glasses of his spectacles were
brought to bear upon the physiognomy of the Captain.

The Captain having finished his account, referred
him to Teague, the subject of the battery, for a more
particular detail of the circumstances. Teague was
glad of the opportunity of speaking before a learned
lawyer, and was beginning to give a relation of the
whole affair; but the Captain stopped him, bidding
him wait until the lawyer should himself request
him to begin. The lawyer was silent: after having
reconnoitered with his glasses one while the Captain,
another while Teague, he dropped his optics,
and began to read again. The Captain, thinking he
had not been sufficiently understood, recommenced
the narration, and gave an account of what he himself
had suffered from the inveigling and detaining

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his servant, and the visible injury which the servant
himself had sustained. The lawyer was still silent;
and, though he had eyed him while speaking, as a
Tuscan astronomer would the moon, yet he applied
himself again to the reading the black letter that
was before him.

The Captain thought it strange treatment; and
was, for some time, at a loss to know what to think
of the matter. But recollecting, opportunely, that
the circumstance of a fee had been omitted, he took
out his purse, and threw down two dollars. The
lawyer seemed a little moved, but cast his eye again
upon the black letter. Finding the two dollars not
sufficient, the Captain threw down two more. The
counsellor raised his head from the book, and you
might discern some dilitation of the muscles of the
face, as bespeaking an approaching opening of the
voice; but still there was silence; and might have
been to this hour, had not the Captain recollected,
at this moment, what he had all along forgot, that
half a joe was the fee of a lawyer. Doubling, therefore,
the four dollars that were already down, the
lawyer came to his voice, the organs of his speech
were loosed, and taking the glasses from his eyes,
he gave his counsel as follows:

Said he, you have a double remedy in this case;
against the manager who inveigled, and against the
servant himself: Against the servant, on the act of
assembly, if indented; at common law, on the contract
to serve. For even a servant at will, and not
engaged for any special time, is not at liberty to desert
the service of his master, without reasonable notice
first given. So that you may have your remedy
against the servant, in the first instance, by bringing
the matter before the court of quarter sessions; and
having time put upon him, as the phrase is, for this

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dereliction of your service; or, an action on the contract,
express or implied, as the case may be, wherein
he shall repair, in damages, the loss sustained.

The bog-trotter was alarmed at the idea of an action
against him; and looking wistfully at his master,
exclaimed, dear master, will you trow de law
upon me, dat am as innocent as a shild unborn;
and would go to death and damnation for you.
Dear master, I suffered enough by deacudgel of dat
player, for all de running away I have done; and,
God love your shoul, keep de law in its own place,
and not let it come acrass a poor sharvant, that has
nathing but as he works and trats about; but let dese
grate big books of his honour de lawyer, spake to de
manager, for his deceiving a poor sharvant, and putting
it in his head to run away, and lave a good
master; and his beating him with a grate cudgel into
the bargain.

I have no desire, said the Captain, to pursue the
bog-trotter, as he has made acknowledgments for
his faults; but would want the utmost rigour of the
law to be put in force against the player.

You have also in this case a double remedy, said
the counsellor, by prosecution on the part of the
servant, and on your part. Nay, the servant himself
has a double remedy; for he may prosecute by
indictment, or bring his action of assault and battery,
or both. I would recommend the action only, because,
where no indictment is prosecuted, and the
civil action only brought, exemplary damages may
be given, as well as reparatory. For in the civil action,
it will affect the minds of a jury, that the party
has already suffered all that is in the nature of punishment
by a criminal proceeding; and nothing remains
with them, but to give reparatory damages.
On the part of the master, two kinds of action may

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be brought; either an action of trespass, vi et armis,
laying a perquod servitium amisit, or simply an action
on the case, for the consequential damage of inveigling
the servant.

As to the number of remedies, said the Captain,
or the kind of them, I care very little how many
there are, or what they are; I want only a good remedy;
give me a good swingeing one against the
rascal, and I care very little what it is called.

I shall then, said the counsellor, advise simply an
action on the case, and count generally on the inveigling
and detaining, and rendering unfit for service
while in his power. In this mode, the whole
circumstances of the injury may be brought together,
and summed up into one point of view, and
enhancing the quantum of damages, can expatiate
on the value of your servant, and the special occasion
you had for his service at this particular juncture;
for I make no doubt he is a valuable servant,
and that it has been an irreparable injury to you, to
have been defrauded of his service at this time.

As to his value, said the Captain, there can be no
doubt, not only as a servant, but in other respects.
I have been offered, or at least I suppose I could
have got, an hundred pounds for him, to be a member
of Congress, or to preach, or to go to the philosophical
society, or to be an Indian treaty-man, but
have refused every proposal made him, or me, for
these purposes; and now to have him kidnapped
and taken off, without fee or reward, and employed
as an actor, and beat, and rendered useless, at least
for some time, into the bargain, is too much for
any man to put up with. If there is law in the land,
let it be put in force, and this man made an example.

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