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Brackenridge, H. H. (Hugh Henry), 1748-1816 [1804], Modern chivalry: containing the adventures of a Captain, &c. Part II. Volume 1 (published for the author, Carlisle) [word count] [eaf801v1T].
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Front matter Covers, Edges and Spine

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Preliminaries

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Title Page MODERN CHIVALRY, CONTAINING
THE,
ADVENTURES
OF A
CAPTAIN, &c.
CARLISLE:
PRINTED BY Archibald Loudon.
1804.

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Acknowledgment

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ENTERED ACCORDING TO ACT OF CONGRESS.

Main text

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Book 1

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HERE is a great gap. Not a word said about
the travels of the Captain, from the packing up of
Teague, and sending him off to France, until after
the termination of the French revolution, and the armistice
or convention of Amiens. Though the fact
is, that he had been, all this time, travelling, and
Teague had rejoined him, in the capacity of a pediseque,
or foot-boy, as before. As to Duncan the
Scotch waiter, he had, long since, left the service,
and taken a job of weaving in the neighbourhood, and
was doing well. The Captain had endeavoured to
persuade him to take to preaching, as many do in
this country who are less qualified, but he refused,
alledging, that though it was good work that pleased
the customer, yet he had some scruples of conscience
in undertaking the charge, not having been regularly
called by ordination to the office.

Teague had been landed at Nantz, and being a
real sans culotte, was liberated, as we have said, and
carressed by the multitude. With considerable eclat,
he made his way to Paris. We hear of him at a very
early period as made use of, by Anacharsis Cloots,

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the Orator of the human race; This was in a procession
of that uncommon man, in which representatives
of all nations, were introduced in their respective
garbs, addressing the Convention to bring liberty
and equality amongst them. Teague was in the character
of an Esquimaux Indian, and passed his aboriginal
Irish, for the native dialect of that people. An
Irish officer or two that were present discovered the
imposition, but the gillotine forbad them to speak,
and they were silent.

This ultramarine person, as he was called, for
they had ultramontain men enough among themselves,
was a good deal distinguished during the
réign of Robespiere, and was employed on many occasions,
and discharged a variety of functions, so that
though his morals were not much amended, nor his
address much improved, sans culotism still continuing
the order of the day, yet he had contracted some
French phrases, and could interlard his Hibernian
dialect with a que voulez vous; and je demand pardon,
without hesitation or embarrassment. At length
however, he found himself in the conciergerie, a destination
from which no talents, virtues, or even vices
could exempt any man; and it was only on the fall
of that monster of whom we have just made mention,
that he was vomited with others from the caverns in
which he had been included. How he ever got to
America again it is difficult to say. We shall leave
that to those who may take from his own mouth the
memoirs of his travels. It is sufficient for our purpose,
that he did get back, and that he is once more
in the train of the Captain. The fact is, that he had
joined him in a most unexpected manner, in a short

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time after Duncan the Scotch servant had begged
to be dismissed, and applyed himself to a profession
more congenial with his education.

We shall go no farther back upon the steps of the
Captain, with the bog-trotter at his heels, than where
we find them within a mile, or less of the village where
his home was, and where he had resided some years,
before he had set out on his peregrinations. Passing
through a wood just as he approached the town, he
saw at some distance before him the semblance of men
suspended on the limbs of trees, or at least the exuviæ
of men, coats, waist-coats, breeches, and hats. What
can this be, said the Captain? It is probable that hearing
of your return, Teague, the wags of the village
have been making what are called Padies, and have
set them up on these trees, knowing that this way we
should come along. By St. Patrick then, said
Teague, but I will Pady dem wid dis shalelah. I will
tache dem to make Padies, and hang dem up for sign
posts in de wood here. Dis is not Saint Patrick's
day in de morning neider: Bad luck to dem, it may
be some poor fellows dat dey have hang'd up in reality,
for shape stalling as dey do in Ireland.

I see nothing, said the Captain, drawing nearer,
but the emptyings of ward-robes, jibbeted on these
trees, through the grove: stretched on limbs, or suspended
from them, a phenomenon, which I am unable
to comprehend, or explain; For I see no corn
growing underneath, or near about, from which, a
priapus, or scare-crow might affright the birds; nor
can they be the vestments of people at work, near
hand, or stripped to bathe, as I see no water pond, or
river, but a dry grove.

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The fact is, these habiliments were of the people
of the town, who had hung them up to take the dew,
in order to take off the musk of a pole-cat which had
affected them from the perfusions of one of these animals.
The story is as follows.

Not long before this, a typographist, had set up a
paper in the village and having reference to the sharpness
of his writings, the editor had chosen to assume
the symbol, or hieroglyphic of the Porcupine, and in
allusion to his quills called himself Peter Porcupine;
whimsically Peter, because Peter, and Porcupine,
begin with the same letter, and produces what is
called an alliteration. Such respondence has been
thought a beauty, in some languages, and at some
periods. In the English language, it was a constituent
of poetry, a few centuries ago; and though now
disused, yet is retained in appellations, where fiction
is at liberty, and quaintness and humour is intended.
Nor was the device or synonime of Porcupine, ill
chosen. For the editor could dart his quills to some
purpose. To drop the figure, a happy nature had
fited him for a satyrist, and felicity of education was
not wanting to qualify him for the office. He had
not the pleasantry of Horace, nor the pungency of
Juvenal, but an original stricture of his own that supplied
the place of them. The truth is, he had been
bred in the barracks, and had at his finger ends, the
familiar phrases of the common soldiery, with that
peculiar species of wit, which is common with that
occupation of men, and in that grade. Doubtless we
see something like it among the plebeians of all
classes and denominations; The women that sell fish
at a certain stand in London, have a species of it,

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known by the name of Billingsgate, either because there
is a gate of that name near the place, or formerly
was one. The miners and coal heavers have a good
deal of it. The scavengers and chimney sweepers
are adepts, though without the least scholastic education,
or knowledge of letters whatsoever. I have
known even in our own country, where we are remote
from the seats of the muses, a good deal of it possessed,
by way travellers, or boat men on our rivers.
It is a kind of unshakled dialect; fettered by no rule
of delicacy, or feeling of humanity. I have been turning
in my mind what word in our English language, best
expresses it, and I have found it to be that which has
been given it by Thomas Paine, black-guardism. The
editor of the Porcupine had scored the village not a
little. I do not say rubbed. For that is a translation
of the phrase of Horace: urbem defricuit; and conveys
the idea of tickling, and causing a sensation in
part, pleasant, yet hurting a little. That was not the
case here. For what man without indignation and
bitter resentment, can bear the touch of the slanderer,
more especially if that slander is of a private, and domestic
nature and alludes to what cannot be explained
or defended. Not that it is true, but a man in the
just pride of standing in society, would scorn to appeal
to the public or bring it before a court!

There was in the village a man of understanding,
and sensibility who had been the subject of caracature
by Peter, and not chusing for reasons that weighed
with himself, to take it in good part, thought of
retaliation. But what could he do? The same language
was unbecoming a gentleman. The like strictures
of foibles or of faults on the part of an

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adversary, could only become the character of a subordinate.
Nor was it so much his object to repress the licentiousness
of this buffoon, as to correct the taste and
judgment of the public who did not all at once distinguish
the impropriety of countenancing such ribbaldry.
This they continued to do by receiving his
papers.

With a view to this having taken a pole-cat on
the mountains, he had put it in a cage and hiring an
office contiguous to that of Porcupine he kept it, suffering
the boys of the village to provoke it, and the dogs
to bark at it through the bars. The consequence
was, that Peter himself, and not unfrequently the female
part of his family passing and repassing, were
besprinkled with the effluvia and offended with the
odour of the animal. The effusions were excited by
the irritations of others; but friend and foe were indiscriminately
the objects of the vapour when they came
in the way of its ascension. It was in vain to complain;
the owner called himself Paul Pole-cat, and
when Peter expostulated and justified his gall on the
freedom of the Press, Paul fortified himself on the
liberty of the Express.

But it was not Peter alone nor his unoffending
wife and family that had reason to complain of this
nuisance. The children running home to their parents,
and the dogs with them brought the perfume to
the houses of the village. The wearing apparel of
almost every one was affected with the musk; the
women buried their dresses; the men in some instances
did so, and in others, hung them up to the action
of the air, and the dews of the adjoining wood.

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The vestiges of these were the phenomena,
which the Captain saw, in his approach to the town.

He had now got within sight of the main square,
when a tumultuous assembly struck his eye; some
with fists raised; others with sticks, and all in a menacing
attitude. He could also hear tongues of people
altercating with one another and using opprobrious
epithets.

The fact was, that the village had become divided.
Those who had been the subjects of the obloquy of
Porcupine, justified the emission of the cats, and were
of opinion that the one had as good a right to be
borne as the other. Council had been taken and learned
opinions given. But this making the matter no
better, the dissention had increased, and the people
had come together in a rage.

Teague at a distance seeing this, stop'd short;
said he, what means all this paple in de street? It is
as bad as dat of St. Anthony in Paris, or de place de
greve where dey have de gillotine. The devil burn
me if I go farther, 'till your honour, goes on and sees
what is de matter.

The Captain advancing to the populace was recognized
by them, and his appearance contributed not
a little to a longer suspension of hostilities.

Countrymen and fellow-citizens, said he, is this
the satisfaction that I have, in returning amongst you
after an absence of several years, to see man armed
against man, and war waged not only in the very
bosom of the republic, but in the village which I have
instructed by many precepts? What can be the madness
that possesses you? are not the evils of life sufficient?
but you must increase them by the positive

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acts of your own violence. You cannot wholly preserve
yourselves at all times free from the maladies of
the body, or the distresses of the mind. But it is in
your power greatly to assuage these, by the virtues of
temperance and moderation. What fury can prompt
you, to this degree of apparent resentment, and approaching
tumult. Is it local or general politics? Is
it any disagreement with regard to your corporate interests,
or is religion the cause? Has any flagrant instance
of moral turpitude, or exceeding knavery in an
individual, roused you to this excess of violence, and
exclamation?

Captain, said a middle aged man stepping forward,
companion of his years, and who had long lived
with him in the village; it is not only pleasing to see
you return in apparent, good health, but more especially,
at this particular moment when your interference
cannot but be of the greatest use, to the citizens;
not only on account of that confidence which they
have in your judgment and discretion, of which they
have a lively recollection; but as they must naturally
think that your opportunities from travelling must
have given you knowledge, and brought you home
full fraught with learning and information. Your
humanity is also, well remembered by them, that
man, woman or child was never injured by you, in
life, estate, or reputation; that on the contrary, it was
always your study to do good, and compose differences.
Now a misfortune has happened to the village;
If I can call it a misfortune, which was at first
thought a good; a printer came to this place and set
up a paper, or gazette, by taking subscriptions from
those that were willing to give them. His device

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was the Porcupine; and his motto, I forget what.
Scarcely a month had gone over his head before he
began to lampoon; searching into the secrets of families,
and publishing matters of individuals, with
which, whether true or false, the public had nothing
to do; ridiculing virtue as if it was vice; and this
in so low and disorderly a manner, that the more intelligent
have disapproved of it; but the bulk read,
and it seems to increase rather than curtail his subscribers.
A young man on the other hand that has
come to us since you went away, and has had an academic
education, had given his opinion pretty freely
in companies, that this Porcupine was not a gentleman,
which drew upon himself the paragraph's of
Porcupine, which he has resented in a manner, that
has wrought much disturbance. Meaning to burlesque
his manner of writing, having gone to the
mountain with a dog, or a trap, or both, and having
taken a pole-cat, he puts the beast in a cage; hires
that frame building that you see, one story high, and
but a room on a floor, and calls it his office. Here
he places the pole-cat with a man to attend it. What
a running of boys; what a barking of dogs we have
had! and when the children run home, and the dogs
after them; what a putting of the hand upon the
nose, by the servant girls and the misstresses, at the
smell that accompanies. The young man justifies
himself under the pretence that it is but retaliation
to the worse than animal odor that proceeds from the
press of Porcupine; for, as this affects the organ of
smelling, that disgusts the judgment of the mind.
The people are divided, as will always be the case,
if for no other cause, yet for the sake of division;

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because the pride of one man forbids him to think just
as another does. But in this case, the cause is serious
and solid, for the olfactory organ is offended by
Paul, but the heart itself is wounded by Peter. The
adversaries of the opposum, or what else it is, insist
that it shall be put down as a nuisance, and have met
with clubs, staves and knives, to carry the threat into
execution. The advocates of the animal on the other
hand have convened to opppose them.

But said the Captain, did I not leave you a regular
corporation? Have you not power to make bye laws?
and is not this done upon notice given by the chief or
Assistant Burgesses? why such hurry scurry as this?
moreover it is a weighty question that agitates the
public mind; a question of right: and where the
rights of the citizen come in question, I hold it a most
delicate thing to decide; in a free government, more
especially, where the essence of liberty is the preservation
of right; and there are three rights, the right
of concience, the right of property and the right of
refutation. This is a right of property; for if this
animal which is feræ naturæ, has been reclaimed by
the owner, he has a right to put it to such use as suits
his trade, or accords with his whim, provided that it
does not affect the rights of others. The limit, boundary,
or demarcation of this use, is a question of wise
discussion and examination; and not in a tumultuous
assembly, heated not with wine, but with the ardency
of their own spirits. I advise therefore, and so far
as my weak judgment deserves to be regarded would
recommend, that each man lay down his shalelah,
baton, or walking-stick, and retire for the evening;
and convene to-morrow in a regular town meeting,

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where the adversaries and advocates on both sides may
have an opportunity of being heard. You have lawyers
also amongst you, who on such an occasion owe
their services to the public without fee or reward; for
as when the matter respects the digging a trench, or
building a bridge, the mechanics speak, and ask no
peculiar douceur, or perquisite; so on this occasion,
the gentlemen of the long robe will not be wanting to
develope a case that involves in it a nice question of
law and municipal regulation. To-morrow when ye
meet with the chief Burgess regularly in the chair, to
keep order, and preserve decorum assign the proper
times of speaking, and call to order on a deviation from
the subject, as is usual in deliberative assemblies, the
business can be taken up and conducted as is proper
in town meetings. Besides I am just from my journey;
somewhat fatigued; but more moved by the consideration
that I am on horse-back, and it is not becoming
that I take a part in your debates as if my
horse were to speak also; for though it is true that
some of you may speak with perhaps as little sense
as he could, were he to open his mouth and attempt
utterance; yet the decency of the thing forbids, and
even the exercise of the right might be questioned; for
the faculty might exist, yet he could not be considered
as legitimately franchised to this privilege, at least
not having a right to vote in town meetings. For
though in the Congress of the United States, the representatives
of the territories, not yet organized into
independent states, and made regular and complete
members of the Union, have a right to speak, but not
to vote, this is not to be drawn into precedent in subordinate
corporations; for that is a special provision

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of the constitution within which as a groove, the states
move. And it is even indecorous for myself to sit
here and speak, mounted, as occupying a more elevated
station; and should I descend from my cavalry,
my servant whom you see yonder, is kept at bay, by
an apprehension of your swords, and refuses to come
up, so that I am without an attendant to hold the
beast; all things considered therefore, I move, if you
will excuse the expression, a chairman not yet being
appointed, who might put the question, that you
adjourn, or dissolve until to-morrow about this
time, when the matter may be taken up as we now
have it, and the affair canvassed as becomes members
of the same community, and inhabitants of the same
village.

It cannot be difficult to conceive that these words
had a favourable effect upon the audience; as oils
compose a storm. For as the waves of the ocean
rise and fall suddenly, so the passions of men; and
in no instance more than where they are just coming
to blows; for approaching anger disposes to peace,
every one having felt half a blow already on his head;
and the difficulty only is to get an excuse, for returning,
or sheathing the weapon. They are much obliged
to the man that councils concord; and advises the
puting down the brick-bat, or puting on the coat.
Even in dueling it holds the same, and the principal
is a friend to the second ever after, that manages the
matter so wisely that no blood is shed.

It was moved and seconded before the people
should retire; for the mob had insensibly begun to
assume the form of a regular assembly; it was moved
and seconded that in the mean time the keeper, or

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as he called himself the editor of the pole-cat, should
keep his charge within the claustrum, or bars of his
cage, and covered with a matting, so that access
might not be had to him, by man or beast, or egress
on his part, of that offensive odour, which had been
the cause of the disturbance. This, the partizans of
the skunk, were willing to admit and sanction with
their acquiescence, on condition, nevertheless, that
the Porcupine in the mean time, should also restrain
his quills; in other words, suspend the effusions of
his press, and cease to distribute papers for a day or
two while the matter was depending. This was
thought reasonable, and carried by the multitude
holding up their hands.

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The day following, a meeting being held, and the Chief
Burgesa in the chair, an advocate of Porcupine took
the ground and spoke
.

Gentlemen, said he, the press is the palladium of
liberty. “The image that fell down from Jupiter.”
The freedom of the press is essential to liberty.
Shackle the press, and you restrain freedom. The
constitutions of the states have provided that the press
shall be free. If you muzzle this, you may as well
muzzle the mouth of man.

It is not the freedom of the press, said one interupting
him, it is the abuse of it that is in question.

The chief burgess called to order, and the speaker
went on.

That is the point, said he, to which I meant to
come. What shall be said to be the abuse of the
press? In order to determine this, we must consider
its use. This is,

1. The amusement of the editor. For as some
men amuse themselves, shooting, fishing, or chacing
with the hound, wild beasts, so men of literary taste,
find their recreation in penning paragraphs for a paper,
sometimes containing information, or observations
on the state of empires, and the characters of
great men; at other times by descending, or not rising

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at all, but confining themselves to the subordinate,
affairs of individuals, and private persons.

2. The profit of the editor: and this depends on
the number of subscribers. It is not every one that
has a taste for refined writing. An editor must be
“all things to all men, that he may gain some.”
Guts and garbage delight bears; and swine swill the
trough in preference to the running stream. Black-guardism
is the gout of many. Nay it is the more
prevailing taste;


“The world is naturally averse
To all the truth it sees or hears;
But swallows nonsense and a lie,
With greediness and gluttony.”

In Britain, or some other countries, delicacy may
succeed. But the coarse stomachs of the Americans
crave rather indelicacy and indecency, at least a portion
of it. Rough like their own woods, and wild
beasts, they digest scurrility.

Well done Porcupine, said a pole-cat man, taking
the ground in his turn: well said. But this furnishes
a ground to justify the introduction of the pole-cat.
You talk of the freedom of the press. Here is the
freedom of the express. Nay the word expression
which is common to both institutions, the artificial
one of the types, and the natural one of the cat, shews
the original to be similar, and the comparison to run
on all-fours
. If the ink cast into black letter, and
carrying with it pain and pungency from the ideas
communicated, is tolerated; much more the volatile
alkali of the animal that is now set up, is to be born,
as not more offensive to body or mind. Shall the bark
of trees made into powder, and this powder into a

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liquid, impregnated with thought, and put upon
paper, and carried to the press, be accounted harmless,
notwithstanding the violence of the decoction, to
speak figuratively, yet the wild cats that inhabit those
trees, and are denizens of the forest, be prohibited
the haunts of men, because of a bag under their tails
which contains an unsavoury distillation, and may
be occasionally spurted upon men?

A young lawyer took him up on the side of Porcupine.
The principles of the common law embrace
this case. It is unlawful to exercise trades in towns
that occasion noisome smells; they are abateable as
nuisances.

Grant it, said another on the pole-cat side; but
when it is in retaliation, or in self-defence against an
editor whose defamation is more offensive to the feelings
of the mind, than the hogo of a civet to the sense of
smelling; or when it is used in burlesque, and by way
of analogy and symbol to explain the impropriety of encouraging
such personal abuse, by taking papers, it
may correct by leading to reflection. The mind may
be insensible to abstract lessons, but a paradigm, or object
set before it may affect. As to this man carrying
on his trade or occupation by the smell of a cat, it is
an occupation which can be carried on to advantage
only in a town; for it is in towns chiefly that editors
assemble; and it is by seting up under our noses, and
affecting the readers, that the impression is made.
For if the public will receive into their houses for the
use of themselves and families gossip slander, let
them take a little of this hartshorn with it and if they
will have the one, bear the other. A ground of the
common law is general reason adopted to particular

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cases. I grant that it even goes so far as to make the
keeping hogs in a pen so near my window, in towns,
as to offend by the smell, a nuisance; but this is a
borough incorporated, and can by a bye law regulate a
new trade. I hold it to be a matter of vote, and nothing
more; whether this quadruped shall be tolerated
or excluded.

The advocate for the press rejoined. The common
law, said he, protects the press. It is the right
of the tongue transfered to the hand: it ought to be
as free as the air that we breathe: The privilege,
as unfettered as the organs of articulation. But what
is there in the common law to protect from the aspersion
of this animal?

The pole-cat man replied. It is on principle and
by analogy, said he, that it is protected. Does not the
law of water courses apply to this. If a man divert
a stream from my meadow, or obstruct one running
through it, so as to dam it up, and drown the grass, have
not I a remedy; shall this man at much expence and
charge bring a beast from the mountains, tame it, or
reduce it under his dominion, and apply it to a purpose
in civilized and domestic life, and shall we say that
the common law does not protect him in the enjoyment
of its musk?

The lawyer on the side of Porcupine rejoined. So
use your own said he, that you trespass not upon another
mans. If you keep your smell, and hogs at
home to your own nose, there is no objection. But in
the nature of the thing it cannot be; for the air is the
natural conductor; and therefore it cannot but exist
a nuisance.

Surrejoinder by the other. But after all, is it more a
nuisance than the press, which it has in view to correct?

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At this instant a commotion was perceivable
amongst the multitude; not on acount of what was
said, or meaning any disturbance like debate; but the
rumour was that a fresh cat had been brought from the
hills above the town, and was on its way to the college-man
who had offered a reward for an additional puss
to increase his stock; and as it was conjectured, meant
to play it off under the pretext that the prohibition contained
in the armistice extended only to the individual
beast that he had before in his possession.

The Captain, at this, rising, said; young man this
is not fair. It is within the reason, if not the express
words of the convention, that all annoyances by steam,
vapour or effluvix proceeding from a pole-cat shall be
suspended during the pendency of this question; and
it is an evasion to substitute another badger, and by
that means attempt to elude the stipulation.

The young man got up to explain. It is far from
me, said he, to elude or evade the performance of the
stipulation. The fact is, that hearing, a day or two
ago, that Porcupine, was about to enlarge his sheet,
and for that purpose had employed a journeyman, or
two more, I thought it not amiss to extend the scale
of my vapour and employ two conduits instead of
one. For that purpose had sent to the woods, for another
cat, which is now on the way, but in a leathern
bag by my directions, and not to have regress, or
egress, until this assembly shall dissolve, nor for a
reasonable time after, that eundo, and redeundo, or
going as well as coming you may be safe let what
will be the issue of the controversy; whether I am
to break up stock, or be suffered to go on.

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This explanation gave satisfaction, and composed
the assembly.

Another speaker had now occupied the ground.
I cannot say the floor, for there was no floor. I am,
said he, for supporting the press. The objection is,
that it is a blackguard press. But while there are
blackguards to write, must they not have a press? Is
it only men of polished education that have a right
to express their sentiments? Let them write in magazines,
or make books, or have gazettes of their
own, but not restrict the right that people of a more
uncultivated understanding have to amuse themselves
and others with their lucubrations. You call us the
Swinish Multitude, and yet refuse us the food that is
natural to us. Are there not amongst us that have
no relish for disquitions on the balance of power or
form of governments, agricultural essays, or questions
of finance; but can comprehend and relish a
laugh raised at the expense of the master of a family;
or a public character in high station; if for no other
reason, but because it gratifies the self-love of those
who cannot attain the same eminence? Take away
from us this, and what have we more? What is the
press to us, but as it amuses?

I think, said another rising, that the gentleman
means irony. But let us take the matter seriously.
I am on the same side with him, but not for the same
reasons. I take it, that scurrility may be useful to
those that bear it, and are the subjects of it. It may
bring to a man's knowledge and serve to correct foibles
that he would not otherwise have been conscious
of, or amended. Men will hear from the buffoon or
the jester, things they would not take from a friend,

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and scarcely from a confessor. It was on this principle
that in the middle ages of Europe, a profession
of men was indulged, and rewarded, in the houses
of the great, called the Joculators, or Jesters. So late
as the time of James I. we had one of these of the
name of Archy. The Duke of Buckingham
having taken offence at something that he said, had
him whipped. It was thought beneath a man of honour
to have taken notice of it; and inflicted punishment.
I consider the bulk of our editors as succeeding
to the joculators or fool-caps of the early periods;
and as the knights or men of character and dignity
of those times were not bound to notice the follies, however
gross of jokers, so now a gentleman is not bound
to pay attention to the defamation of gazettes; nay,
as in the former instance, it was deemed uncourteous,
and unbecoming to resent what the fool said,
so more what a printer chuses to publish. Selden in
his table talk remarks, “That a gallant man, is above
ill words. We have an example of this in the old
Lord of Salsbury, who was a great wise man. Stone
had called some Lord about the Court fool. The
Lord complains, and has Stone whipped. Stone cries,
I might have called my Lord of Salsbury often
enough, fool, before he would have had me whipped.”
As in the case of the Merry Andrew, even when
there was no wit, it was taken for wit; so now, when
an editor means to divert, however dull his abuse, it
ought to be the mode to laugh, to keep those who
know no better in countenance.

The Captain rising and putting himself in the attitude
of speaking, seemed to claim the attention of

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the audience. I see here, said he, the Principal of
the Academy, a man of letters and learning. I would
wish to hear from him how the ancients managed
these matters: in the republics of Greece and Rome
especially. For since I have been abroad, and read
and heard public speeches, I find that it is no unusual
thing to draw similies, and illustrations from the
sayings and doings of antiquity. In deliberate assemblies
talking of governments, they tell you of the
Amphytrionic Council; the Achean league, the
Ionian confederacy. What was the freedom of the
press at Athens, or at Rome?

The principal rising—The fact is, said he, there
was no press at these places, or in these times. The
invention of printing is of later date. But they had
in lieu of pen and ink, what they called the style,
hence our phrase style, vertere stylum, and they
impressed their thoughts upon wax. They made use
of ink in copying upon vellum and parchment. But
notwithstanding the want of a press, they were not
without satyric salt in their writings. Nor are we
to suppose that they were altogether free from what
we denominate scurrility. They could call a spade
a spade. Aristophanes was a great blackguard. His
Comedy of the Clouds is a sufficient specimen. Lucilius,
amongst the Romans was a rough man. Cum
lutulentus flueret, &c. Do we suppose that nature
was not then the same as it is now? On board the
Roman gallies was there no low humour? In the
Roman camps none? In the Forum no occasional
ribaldry? Would not this naturally get up into higher
walks? Would it not creep into corporations?

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sometimes in verse; sometimes in prose: versis
famosis. The poet speaks of the fesscenine verses.
Amongst the Romans the Saturnalia, or days of Saturn
became a festival, in which it was allowable to
exercise their faculties in all intemperance of language.

This is all wide of the question, said an individual,
holding his hand upon his nose; it is shall we tolerate
the pole-cat in this village?—For, maugre all the pains
that may have been taken to restrain the pett, and
confine it by a matting, I feel a portion of the fetor
this very moment, come across my nose, by a puff
of wind from that quarter, where it is. I move that
the question be taken, whether, whatever becomes of
the press, the nuisance of this beast, be suffered in the
vicinity. For what can a news-paper do, compared
with this? It is sent us and we read the publication.
But this is involuntary, on our part, and there
is no saving ourselves from the exhalation.

I move the previous question said a friend to the
baboon; or rather an enemy to the Porcupine. I
move that the press be put down, or that both go together.

There is hardship both ways, said an elderly inhabitant.
In a community different interests will exist.
Family interests; family attachments; party conceptions;
and party interests. The passions of the heart
will create differences. To have a printer all on one
side even though he be a dunce, is an inequality.
What if we prevail upon the owner, or as he would
call himself the publisher of the pole-cat, to give
up or sell out his establishment, dismiss the wild

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[figure description] Page 025.[end figure description]

beast, or return it to the mountains, and institute in
its place, a counter press of types and black-ball
that may be a match for Porcupine.

O Jehu! Said a man laughing, where will you
get a match for Porcupine? A man neither of conscience
or shame, taught and educated as he is, with
typography that is adequate? Who will be willing to
be the ostensible vehicle of language becoming a scavenger?
Can any one be found who will have front
from insensibility of heart, or the forehead of brass,
to bear the imputation? If we could get some Teague
O'Regan now, that did not know what we were doing
with him: that would think it an honour to be employed;
that would not take amiss the proposition
of making him the conduit of reproach, and dishonourable
inuendo; in short, from whom it could be
concealed on what account he was chosen; the project
might be plausible.

The Captain, at this rising hastily; a thing unusual
with him; for he was naturally grave and sedate;
but suddenly feeling the impulse of the congruity, he
started from his seat, and seconded the proposition
of another press; for said he, the very Teague O'Regan
that you want is at hand; a waiter of mine.
A bog-trotter, taken, not on the Balagate, but, on the
Irish mountains: an aboriginal of the island; not
your Scotch-Irish, so called, a colony planted in Ulster,
by king James the first of England, when he
subdued the natives; but a real Paddy, with the
brogue on his tongue, and none on his feet; brought
up to sheep-stealing from his youth; for his ancestors
inhabiting the hills, were a kind of free-booters,

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[figure description] Page 026.[end figure description]

time immemorial, coming down to the low grounds,
and plundering the more industrious inhabitants.
Captured by traps set upon the hills, or surrounded
in the bogs, attempting his escape, he had been tamed
and employed, many years, digging Turf, before he
came to my hands. I bought him from an Irish vessel,
just as a curiosity, not that I expected much service
from him; but to see what could be made of a
rude man by care and patience. The rogue has a
low humour, and a sharp tongue; unbounded impudence.
And what may be a restraint upon the licentiousness
of his press, should he set up one, he is a
most abominable coward; the idea of cudgeling will
keep him in bounds; should he over-match Porcupine,
and turn upon his employers. He has all the
low phrases, cant expressions, illiberal reflections,
that could be collected from the company he has kept
since he has had the care of my horse, and run after
my heels in town and country for several years past.
What is more, he has been in France, and has a
spice of the language, and a tang of Jacobinism in
his principles, and conversation, that will match the
contrary learning carried to an exhorbitant excess in
Peter Forcupine. I do not know that you can do better
than contribute to a paper of his setting up. He
may call it the Mully-Grub, or give it some such
title as will bespeak the nature, of the matter it will
usually contain.

The college-man at this came forward. I am far,
said he, from a disposition to spoil sport; but when
the useful is mixed with the jest, I count every point
gained.

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[figure description] Page 027.[end figure description]

Yes, said the principal of the academy, Omne tulit
punctum, qui miscuit utile dulci.

I never had intended, continued the other, more
than to reach the sensations of the multitude, and
bring them to their senses. It is only by an appeal
to feeling that the mind sometimes can be awakened.
The public have now some idea of what I mean, that
the licentiousness of the press, is not more a nuisance
in the moral, than offensive smells are in the physical
world. I agree that the cat be removed, and as a
substitute, that we may taper off gradually, shall
subscribe to the Mully-Grub.

The speech was applauded, and the vote taken.

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[figure description] Page 028.[end figure description]

Duncan M`Dougal, taking the Captain aside, as
he was walking home, suggested an alteration of the
title of O'Regan's paper, which was to call it the
“Rams Horn;” for said he, the rams horn is a Scripture
name; it was at the sound of rams horns that
the walls of Jerico fell down; now if by a rams horn
paper, we can knock down, this Porcupine, it will
bear an analogy. The ram and the he-goat are spoken
of in the Prophesy of Daniel. In short, the ram is
a very common symbol. Hence amongst the Romans
the warlike engine which they made use of at
sieges, was called a battering ram. All this could
be explained, and made a good introduction or opening
to the paper; and this being done, it will be necessary
that the analogy be kept up; for the editor
must butt and run his head at every body. The
hardest fend off in that case. It will behoove him
to be a good deal personal, to be a match for Porcupine.
The greater the blackguard, the better the
editor now a days. It was not so in Britain, even in
Wilkes's time. National peculiarities were a common
theme of his irony, but he did not descend to personalities;
but you Americans have improved upon
the matter, if it may be called improvement.

The Captain was a little hurt at this. But,
said he, is this stile of controversy of American origin,
or confined altogether to American editors; I

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[figure description] Page 029.[end figure description]

mean such authors of newspapers, as have had their
education in America. Your armies during the revolutionary
war, have left among us both language
and men, and some have come since, from the other
side the water, that if not the first, have at least excelled
most in this way of writing. But it may be of
more use to learn how to counteract it, than to ascertain
its origin. It may be of domestic origin. It
may be imported; or both. The truth is, that where
a leading editor, becomes so, from his situation in a
great city, or by his eminent talents, distinguishes
himself in any way, the editors in smaller country
towns imitate, and one black sheep, gives the rot to
the whole herd.

But it will be necessary, said M`Dougal, that your
editor, O'Regan, proceed in this way of newspaper
blackguardism as a match for Porcupine, or a burlesque
on him, for this is the end of his creation,
and our object in taking him up. It will behoove
him to stick at nothing. He must out Herod Herod
in all that is scurrilous. Nature would seem to have
fitted him for it, and art has done her part, from the
servile habits of his occupation. He must have collected
much dialogue, and I may add dialect, from
the subordinate company of his station, in the capacity
of waiter to your Captainship in the course of your
late rambles. It is an ill wind that blows no body
good, and this village may profit by it.

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The day after the town meeting, the Captain began
to reflect, that he could not avoid being implicated
in the character of the paper about to be established.
O'Regan was known to be his servant; at
least to be under his influence, and he would be considered
the real editor; Teague the ostensible, and
though the fact was known at home, that he had
nothing to do with it, yet abroad, it would bear a
different construction, and refutation would be difficult.
Having supported the character of a gentleman,
and being still willing to support that character,
how could he endure to have the volumes of scurrility,
that would appear, worse than the atmosphere
of that nuisance in whose place it was substituted,
imputed to his pen; or supposed to be admitted with
his approbation. Uneasy with this upon his mind,
he could see no way to get out of the labyrinth in
which he had involved himself, by inadvertently proposing
Teague. He thought it however his duty, and
that he was bound in honour to disclose to the bog-trotter,
the office to which he was destined. Maintaining
good faith, he was unwilling to make use of
his influence to dissuade from the undertaking; or
accomplishing the same thing, by sap, endeavour to
deter by representing the danger that existed, and
the consequences that might ensue. This he could

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[figure description] Page 031.[end figure description]

easily have done, by suggesting the guillotine, or even
a cudgeling, the more common mode of punishment,
in this republic. But good faith forbade. The contrary
was expected of him, and he must fulfil the expectation.
Detailing therefore to the future editor,
the history of his selection, and sketching a little the
duties of his office, he had prepared him for the town-meeting
this day; and at the hour accompanied him
to the town-house, and announced the new candidate
for their subscriptions.

But what was the amazement of every one, when
news was brought, that Porcupine, had decamped in
the night. Whether it was that the talents of Teague
had been magnified, and he did not chuse to engage
in competition with one so much his superior, lest he
should lose by comparison, the reputation he had
acquired; or what is more likely, the constables
were after him for debt, his press and types having
been seized the day before, and sold for rent, and
new demands, of a smaller nature coming against
him, fines and penalties also hanging over him for
libels; and damages recoverable in actions of defamation;
but so it was, that he had disappeared.

The Captain was relieved from embarrassment
to his great joy, which he endeavoured to conceal,
but to the mortification of Teague, who had aspired
to a paper war with his antagonist. The Captain
was glad, because he now saw a way open to set aside
the idea of a press, at least on the footing of a blackguard
press; and to any other Teague was not competent.

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Towns-men, and fellow-citizens, said he, seizing
the first opportunity to speak, the reason has ceased
upon which we had proposed to act.

Yes said a lawyer, cessante ratione, cessat et
ipsa lex.

The reason has ceased, said the Captain, of setting
up the bog-trotter in the capacity of an editor as
a match for Porcupine, for he has disappeared; and
what need we buft at the bear when there is no bear
to buff at. Unless indeed we could set him up, expecting
from him a chaste and pure paper containing
solid information, and strictures useful to the republic.
But that, from his education and manners, we
have no reason to expect. It is true, if he had sense
to collect the ideas, and give them expression he has
had opportunities to observe what if known and digested
might essentially serve to preserve from extremes
in a free government. He has seen the folly
of the people of France, if those occasionally thrown
into the representative assemblies, could be called the
people. He has seen the folly of these in reducing
all things to the first elements instead of accomodating
to existing establishments; of deracinating from
the foundation church and state. and bandying the
term liberty until ignorance and usurpation, terminated
in despotism. For though at the commencement
of a revolution, active and uninformed spirits, are
useful, or perhaps absolutely necessary, like the subterranean
fire throwing up continents; yet as in this
case, the fostering dews, and the breath of the atmosphere,
are necessary to give soil and impregnate
with vegetation; so after the stirrings of men's minds,
with a political convulsion, deliberate reason, and

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prudent temperament are necessary, to preserve what is
gained, and turn it to advantage. But fellow-citizens,
this sans culotte, for so he was called in France; and
well he might; for he was without femorals when he
went away, and when he came back; this sans
culotte, is not a Mirabeau. He has kept no journal:
he has made no observations except of men's heads
chopped off by the guillotine. He has brought back
little with him, but ce que dit; que ce vous la; donnez
moi, and such like. I think we are well off with him
and let him go to his vocation.

It was agreed; and the sans culotte was dismissed.

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The preceding chapters were written some years
ago, while an editor of the name of Cobbet, published
a paper under the title of “Porcupine.” But the
breaking up of that paper in a manner similar to that
just stated, prevented the going on with the allegory,
or the handing to the public by the way of the press,
in some shape, the pamphlet begun. Some time
since, the appearance of a certain Callender, in a paper
under the title of the Recorder, had induced me
to look at what I had intended for Porcupine, and to
think of continuing it to some point and winding up
of the story; but the man drowning himself, or being
drowned by accident, bathing in the river Potomack,
stopped me in my intention, as it would be like throwing
water on a dead, or as the proverb is, a drowned
rat, to say any thing that had a relation to him.

But having a little leisure on my hands, and in
warm weather, liking light work, I amused myself
with saying some things that were on my mind on
other subjects, and I thought I would make this which
I had already written, the introduction. For the fact
is, that I mean this tale of a Captain travelling, but
as a vehicle to my way of thinking on some subjects;
just as the ancients introduced speakers in
a dialogue, occasionally at banquets; or as the philosophers
in their walks and conversations, moralized
in parables, and feigned cases, a way of reasoning,
and address less offending the self-love of

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[figure description] Page 035.[end figure description]

men than what has the appearance of immediate and
direct instruction. Nor, will the publication of the
foregoing hints on the illiberality of the press, be
thought, even now altogether useless; for though,
since the death, or departure, of the two monsters
just named, there has been an ebb of this flood of
scurrility, yet, dropping the figure, the American
press, has not been wholly free from the stains of the
like paragraphs. The application therefore may not
be wholly without an object, and, in the painting
may be seen some existing resemblances. For
though, as the almanac-makers, say “it is calculated
for a particular meridian, yet it may without sensible
variation, serve other latitudes.” No man can
have a higher opinion of the dignity of station occupied
by the editor of a paper under a free government,
than I have. In short I think it one of the
most honourable, as well as the most useful in society.
I am unwilling therefore that it be degraded,
and I am happy to observe that the example of the
two monsters mentioned, has had the effect to disgust
the public, and lead to a reform of what had proceeded
from an imitation of their blackguard personalities.

I take the pulpit, the courts of judicature, and the
press, to be the three great means of sustaining and
enlightening a republic. The Scripture is replete
with the finest sayings of morality. With a scholar
of the Latin and the Greek school, it is delightful
to quote in conversation, or writing, the classical
sentences of antiquity, aptly applying them to the
occasion; enriching the discourse with apposite
thoughts; pleasing the hearer, or the reader, and

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[figure description] Page 036.[end figure description]

doing credit to the persons drawing out from his
treasury, such things new and old. But these writings
of an oriental cast, the Scriptures, contain pithy
observations upon life and manners, than which there
can be nothing more delightful to remember and
quote, and more profitable to carry into practice.
Reading the Scriptures by young people; hearing
them explained and introduced by quotation, sermon
and lectures from the pulpit, raises the affections to
virtue, and helps the judgment in the conduct of life.

The courts of judicature, are a school of justice,
and honour. A great ground of the law, are the
principles of universal justice. The discussion of
council; the verdicts of juries, the decision of the
courts, have respect to the great principles of moral
honesty. But the sphere is confined, compared with
that of the press, which has an extensive range; and,
for this reason ought to preserve the greater delicacy
in language and sentiment. Even the war of the
sword has its laws.—It is not allowable to poison
springs, or the means of life. In a paper war nothing
is justifiable that does not tend to establish a
position, or determine a controversy; that which
outrages humanity, is the cruelty of a savage who
puts to death with torture, or disfigures, to gratify
revenge.

To know what may be said in a paper, or in
what manner it may be said, the editor whom the
public alone knows, need only consider what would
become a gentleman to say, in promiscuous society.
Whether conversing in the manner he writes, or in
which, what is inserted, is written, he would be heard
with respect, and treated with civility. Good

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[figure description] Page 037.[end figure description]

breeding is as necessary in print as in conversation. The
want of it equally entitles to the appellation of an illbred-man.
The press can have no more licence than
the tongue. In fact, at the tribunal of common sense,
it has less, because an expression might escape a
man, which might receive pardon, or excuse, as the
offspring of inadvertence; but writing is deliberate,
and you may turn back and strike out the allusion,
or correct the term.

National character is interested in the delicacy
of the press. It is a disgrace to a people to have
amongst them volumes of scurrility circulated
through their post-offices, with a peculiar privilege
of centage more than their common correspondence;
to have bilingsgate, as they call it, in a kingdom,
which we surpass in privileges, placed upon the
benches in our public houses, or sent home to our
private dwellings.

Is this the occupation to which it ought to be an
honour to belong; to which a father would wish to
put a son, having educated him with the best advantages,
and giving him, as he had thought, a duty as
sacred as the priesthood, and with a more exclusive
sphere of action than the barrister; having it in high
commission by the constitution of his country, “to
canvass the conduct of men in public offices,” and
inform the public, “where the matter is proper for
public information.”

It does not follow, that because a man takes a paper,
that he approves of all that is in it. It is certainly
censurable to continue our subscription to a
paper, the prevailing tenor of which is defamatory of

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[figure description] Page 038.[end figure description]

individuals; but were we to reject a paper because
it is occasionally so, there are few papers that we
should take at all. The American press, has been
abominably gross, and defamatory, and there are few
publications of this nature, that have been at all times
unexceptionable. “The fool scattereth fire-brands,”
and saith, “am I not in jest?” A man will be astonished
sometimes to hear of himself, or of others,
what has not the slightest foundation, but in the invention
and imagery of the paragraphist. There may
be some prototype, filmy origin to the unsubstantial
fabric; perhaps not even a vapour, but in the breath
of the defamer. Is the assassin odious, and not the
author of anonymous abuse? Yet such is the error
of opinion with some, that they think it not dishonourable
to attack anonymously. It is cowardice in
a free country, where the law is equal; where no
Cæsar exists to make it necessary to conceal the author
of the pasquinade. A brave man will scorn
subterfuge, and shade. An honest man will avow
himself and his opinions. Yet how many write in
public prints that were they at the time to count upon
being known, they would retract, or alter much,
both in stile and sentiment, of what they subscribe
with signatures of fiction.

I feel a concern for the honour of the American
press, that as we are before most, or all other governments
in the freedom of it, we may not be behind
in the delicacy with which it is used.

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[figure description] Page 039.[end figure description]

Notwithstanding the Captain thought he had
got quit of Teague, in the matter of the press, he had
still some trouble. For the bog-trotter, the following
day, appeared dissatisfied. He thought his hopes
of an occupation had been raised, only with a view
to disappoint him. He had an hankering after the
press still, and talked of taking up subscriptions. To
put him off, the Captain suggested the publishing his
travels. Teague, said he, if many a man had what
you have in your power, he would make a fortune
by it. You have been in the Conciergerie. That,
of itself, might make a chapter that would fill a volume.
If you take up subscriptions, why not for
such a work as that? It will sell for a ready penny
these times; I would advise you to go about it.

Och, on my shoul, said Teague, but it would
make a book as big as the Praists' bible, if I was to
tell all dat I saw on toder side de great water. In
dat great country, old France; where de paple talk
all at once wid de brogue on deir tongue, and say
nothing. The devil burn me, but deir foutres, and
parbleus, would make a book, as big as a church staple.

Well done Teague, said the Captain; you must
then set about it. The first thing it will behoove you
to consider, is the manner in which it will be written;
whether your narration shall be in the first

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[figure description] Page 040.[end figure description]

person, as, “I did this,” and “I said that;” or whether in
the third person, as it were one speaking of you, as,
“Teague having done so, and made an observation to
this effect.” And whether it shall be in the way of
continued narrative, with chapters, or in the shape
of a journal, or be cast in the way of letter. For all
these modes of writing are used as best suits the traveller;
or may be thought most pleasing to the reader.
One advantage you will have, that you need not
stick pertinaciously to the truth; for travellers have
a licence to deviate; and they are not considered as
on oath, or upon honour in giving their accounts;
embellishment is allowable. Some illumination of
their story: though, confining yourself to the truth
strictly, I make no doubt, your story will be sufficiently
extravagant, and of course, border on the marvellous.

The fact was, that the bog-trotter had incidents
sufficient to enliven his history. He had been in the
suit of Anacharsis Cloots, and represented an Esquimaux
Indian; he had been taken up in a balloon
some distance from the earth, and let down by a parachute,
instead of a sheep. It is true, this was not
with his own consent, but by force. The Parisians
thinking it of little account whether the experiment
was made with him or a less valuable animal. It is
true, to make amends for this, a royalist lady fell in
love with him, thinking he had a resemblance to the
young Duke of Orleans. He had made a fortunate
escape in the Conciergerie. A prisoner in the next
cell, No. 1, finding the letter G, put upon his door,
which stands for guillotine; exchanged for a few

-- 041 --

[figure description] Page 041.[end figure description]

louis's with O'Regan, No. 2.—But an order came to
reprieve No. 1, and to take No. 2, meaning the bog-trotter.
The consequence was, that the Frenchman
was put into the cart, and our sans culotte escaped.

It would make a book, as has been said, to exhaust
these particulars, and many more that occured.
The Captain having recommended the work, was
concerned to have it accomplished with some credit
to those concerned, and therefore thought it advisable
to give the author some hints before he entered
on the task.

Teague, said he, the first thing to be thought of,
is a place to write. The extremes are two, the cellar
and the garret. The cellar was chosen by an
orator of Greece, to write his orations, or at least to
prepare for the writing them; for in this, he is said
to have copied over eight times the history of Thucidydes.
Whether it is the darkness, or the solitude
of the cavern, or both, that is congenial to the talent
of writing, may be a question. I should think, however,
that the aerial mansion of a garret is most favourable
to the lighter species, of writing such as
madrigals; or paragraphs in magazines, or novels.
But as yours is a serious work, it may be above the
subterranean, and below the firmament. Perhaps a
middle story may suffice. It will depend, however,
on your head. If you find yourself light, go down;
if heavy, mount; and thus adjust your apartment to
your feelings. The wasps chuse the garret; but the
spider is found sometimes in the cellar; and his
weaving is an emblem of the composition of an author;
while the wasp, resembles the critic.

-- 042 --

[figure description] Page 042.[end figure description]

As to stile, Teague, after all that I have heard
said upon the subject, I know no more about it, than
this; just write as you would speak, and give your
account with simplicity, without affectation; understanding
your subject well, and using no more words,
than is necessary to express your meaning.

As to paper, whether common or woven; or
as to type, whether single or double pica; these
are terms I do not understand. I see them in the
advertisements, and that is all I know about them.
It will behoove you to enquire. Whether duodecimo,
octavo, or folio, may depend upon the bulk of
what is to be printed.

Without more ado, being furnished with subscription
papers, he set out to solicit the patronage
of subscribers for his work.

-- 043 --

[figure description] Page 043.[end figure description]

The Captain had now been more than a month
at home, though, I have not filled up the time by
marking what he did every day, or how he was occupied.
But this he had done; made enquiry into the
history of the village; what changes in the domestic
affairs of his neighbours; what good or bad fortune
had happened to individuals, at the same time walking
through the town, he observed the improvements
or dilapidations in the buildings or streets. It was
obvious that little attention had been paid, for some
time to public works; the pavements were neglected,
and the ways and water-courses suffered to fill up.
An aqueduct begun, to bring a spring from the hill,
was left unfinished.

What can be the reason of all this, said the Captain?

It was answered, that the chief and assistant burgesses
some time ago had been extravagant; that
the works, which, by the charter of incorporation
they had a power to project, were extensive, and the
consequent taxes which they had a right to impose,
and which became necessary, were thought oppressive.
The people had turned out these officers at
the annual election, and chosen new. That these
wishing to preserve popularity, had let all matters
rest, and had neither made improvements, nor raised
taxes.

-- 044 --

[figure description] Page 044.[end figure description]

And does this please the people, said the Captain.

No, said the citizen, who had taken upon him to
reply; they have turned out one set for doing too
much; and they will turn out the other next for doing
nothing.

But why not hit a medium, said the Captain.

A difficulty occurs, continued the speaker. In
the works projected, the people insist that no man
shall be consulted in his own occupation. The mason
shall make out the bills of scantling; and the
carpenter determine the arches of a stone bridge.

That is just as bad, said the Captain, as in a city
that I passed through in my travels. The physicians
claimed a right to judge of laws, and the lawyers of
physic. Reversing the maxim, that every man is to
be trusted in his own profession.

They are prejudiced, said the citizen, or thought
to be so. They have an interest in the amendments
projected; or weded to a system, they are not free
to change it to advantage. It is better to appeal to
persons that know nothing about the matter, and trust
them.

This is republicanism run mad, said the Captain.
The sovereign people would do well to imitate other
sovereigns, at least in this; that they trust even foreigners
in the arts, and not by an unreasonable jealousy,
loose the advantage of judgment, which it is not
in the nature of things, that they themselves can
possess.

The sovereign people never had a good head upon
their shoulders, said the citizen.

-- 045 --

[figure description] Page 045.[end figure description]

You are an aristocrat, said the Captain. I shall
not go so far as that. The sovereign people act wisely,
they act madly, just like other people.

They might act wisely, said the citizen, were it
not for political divisions.

Political divisions will always exist, said the Captain.
It is inseparable from the nature of a community.
And it is not in the nature of things that the
power can be long on one side. The duration
depends upon the judgment of using it
. The people
will revolt from themselves when they find they have
done wrong, and that side which was now the weakest
will become the strongest.

These are matters I do not much understand, said
the citizen. You have the advantage having seen
more.

I may have seen a little, said the Captain, but
I have thought more; and deduce my remarks from
the nature of man.

Accounts were received, and Teague himself occasionally
announced that he had succeeded in taking
up subscriptions for his commentaries. But it had
never occured to any one that the bog-trotter could
neither read nor write. But the difficulty now presenting
itself, a school-master offered his services to
be his amanuensis.

But amongst the advertisements on the tavern
and shop doors, the Captain observing one day a notice
of the want of a suitable person in the academy

-- 046 --

[figure description] Page 046.[end figure description]

to instruct in the French language, he was led to reflect,
that after dictating his publication, Teague
would be out of employment, and that a vacancy of
this kind might tally with his faculties having been
in France, the very country where the language was
vernacularly spoken; that his attainments must be
much superior to those who had acquired the tongue
only from dead books, the ear not accustomed to the
sounds of familiar conversation.

Loosing no time he waited on the Principal of the
Academy, and gave him a minute account of the
pedesque, how he had followed him, been in France,
&c. &c. &c.

The Principal was astonished; but concealed his
surprize. He could easily comprehend the incompetency
of this man to teach the language in a school
of learning, where it is expected to be taught grammatically;
and the absurdity of taking his lingo, for
French, if he had the brogue in that pronunciation
as he had in English. But it might not be so easy a
matter to convince the Captain of this who appeared
to have an undue opinion of his acquirements.
Nevertheless he endeavoured to make himself intelligible
on this subject, by observing that there was a
wide difference between a public professor in a college,
and a private tutor who attends pupils occasionally:
that in a seminary of learning the rudiments
of a language were usually taught by rules; and it
was an object to understand the parts of speech into
which the tongue was divided; the use of the articles
if there were any; the inflexions of the cases, the
variations of the genders, the conjugations of the

-- 047 --

[figure description] Page 047.[end figure description]

verbs; the concords of syntax; and after all this the
idiom, or peculiar phrase, and structure of the sentence:
that from what the Captain had informed him,
and what he himself had gleaned from others, of the
characteristics of this subordinate, the academy
was not his province, but the village. He might employ
his talents to advantage, instructing young gentlemen
and ladies in the knowledge of the French
tongue at their own houses; with a bare grammar,
and without a dictionary; or without a grammar;
and with the voice and diction only. For in fact it
was of little consequence how they were taught; for
they would learn nothing: and barbers, and tumblers
that had come in and undertaken to instruct; had
just done as well as wiser masters; for they had
amused their pupils; and amusement was all that
pupils would be willing to receive. The young gentlemen
of the village were above learning as soon as
they had got on a pair of pantaloons, and half-boots.
They were out of their education, and men before
their time
. We had an election the other day; for
a Chief Burgess. It was a matter of astonishment
to those of the old school, to see a youth come forward,
born after his competitor had been ranked with
the sages of the village, and claim the suffrages of
the citizens. It had an unfavourable effect upon the
very dumb creation. It was not enough that the lads
under age, began to raise their voices, and vociferate;
but it seemed that the young of animals had gained
upon their growth, and were old before they had
attained maturity. The young dogs barked more.
Whether it was from an impression of the atmosphere;
or an imitation of the sounds of men.

-- 048 --

[figure description] Page 048.[end figure description]

But this is digressing; your Paddy may suffice to
teach coxcombs that wish nothing old; that will be
satisfied with the name of learning French: enough
if they can get a word or two that sounds like French,
to throw out to a lady in a dance; as parlez vous madame;
or s'l vous plais.

It may be a digression, said the Captain; but it is
a profitable lesson. Do you conceive that the American
youth are two hastily manufactured, and come
forward too soon into life.

Unquestionably, said the Principal. Education
here is unnaturally hastened. Our minority is too
short to make a great man. We “over-step the
modesty of nature,” and suffer our young men to
come forward into councils that require the heads of
age. Hence our juvenile speeches in debates.
Hence the wild fire in our councils some time ago,
which burned down the administration to which it
was attached. But this is running into politics with
which I do not meddle. I come back to speak of your
man, the bog-trotter, I think he may teach French in
the village, but I cannot consent to his being employed
in the university.

The Captain was pleased with the Principal for
his frankness, and gave up the matter.

-- 049 --

[figure description] Page 049.[end figure description]

To give Teague time to write his history, the
Captain turned away his mind for a while to other
objects. There was an old lawyer in the village that
had left off practice, and accompanied by a blind
fidler, gave lectures occasionally, at what he called
his inns of court, on the practice of the law, of which
he pretended to have had great experience; and in
fact he had been a long time at the bar; and from age
was now unfit for the circuit, especially being blind
and unless in a carriage, which the roads did not well
admit, he could not conveniently go abroad; and the
small practice of the village, scarcely sufficed for the
occupation of his time, or the means of his support.
The want of sight rendered him incapable of conveyancing,
and all he could do was to give council, or
argue a cause by which he made a penny; but to
fill up his time, and put his learning to account, he had
set on foot lectures for young students, and amused
himself at intervals with a tune on the violin which
the fidler played, and for which the by standers threw
in a five penny bit of silver, such of them as did not
attend to the law lecture, or could derive any benefit
from it. Thus, these two, clubbing their talents, and
joining in amusement, and in business as joined in
the loss of vision, made a living; the scraper receiving
his six cents and one half for his air or spring on

-- 050 --

[figure description] Page 050.[end figure description]

the instrument, and the lawyer the same money for
his breath on the abstract subject of the law study,
or practice.

It may be asked how it came to pass, that this
man could lay down the principles of a successful
practice in a profession, and at the same time not to
have become enriched by it himself, so as to be above
the necessity in his old age, of making money, by the
best means in his power to procure his support, the
profession being lucrative itself, especially where any
one excells in the knowledge of it, and is ordinarily
industrious in the pursuit. But the answer is easy;
if we take the Scripture, “that riches are not to men
of understanding,” or if we take the fact, that the
making money and keeping it are two distinct things:
for so it was that this lawyer now blind, had let a
great deal of business go through his hands, without
making much by it; from a want of skill to make
money stick, which others had with less parts, and
ability. He thought always more of gaining the suit
and the praise of managing it well, than of the fee
for which some stipulate. Hence it was that he
had credit as a pleader, but not as the maker of a
great estate.

It is doubtless a general rule that the way to be
rich is to excell in your profession, and whoever
excells may in general be rich, and it is a folly not to
make this use of it. But we see that, in all the lovers
of the arts, painting, music, statuary, eloquence, there
is a neglect of riches, the mind carried off from the
love of money, and placed upon the art itself. The
main chance is over-looked; and it is only late
in life that the folly is discovered by the person

-- 051 --

[figure description] Page 051.[end figure description]

himself, though others had been remarking it all his life
long. But though not profitable to the professor, to
cultivate an art for its own sake, yet it is useful and
pleasing to the world; and Quintilian who has left us
a book on the eloquence of the bar, is more valued in
his memory, because he has given more pleasure to
those who have come after him, than others who had
made perhaps more by their practice, but whose memory
has gone with themselves, at the same time that
their estates went to others.

But the Captain having spent many an hour with
the lawyer before he was blind, had not failed to enquire
for him on his return to the village, and now
had leisure to pay him a visit. Coming in just as he
was beginning a lecture with the blind fidler by his
side, he did not interrupt him but let him go on, as
we shall also, and give the lecture as he delivered it,
and as a short hand writer took it down. It was as
follows:

-- 052 --

[figure description] Page 052.[end figure description]

It is necessary to comprehend perfectly the facts
of the case, and this to enable;

1. To frame the action; trespass, or trespass on
the case; &c.

2. To frame your declaration; that is, to put a
precise statement of the cause of action upon the record.

3. To examine the witnesses, preparatory to the
trial.

I say nothing of the science necessary to draw a
declaration; though there is great delicacy and beauty,
in making a legal statement of your cause of action
with brevity, perspicuity, and tecnical correctness.
Nor do I mean to touch on the vigilance on
your part, or liberality to your adversaries, in conducting
the cause to issue and trial, taking rules and
giving notice. This is not the stage where all advantages
are fair. These are preliminaries to the
contest, and as in the wager of battle the combatant
makes oath, that he uses no enchantment; so a liberal
lawyer will disdain to avail himself of an over-sight,
or take a catch which has no effect upon the
merits of a cause. If he observes a defect which it
becomes necessary to amend, in civil cases, he will
point it out and give leave to do it. This I grant
he is not bound to do; but it is for the credit of the
profession that such liberality should be cultivated,

-- 053 --

[figure description] Page 053.[end figure description]

and justice will loose nothing by it. Strict rules of
pleading, strictly pursued, are not inconsistent with
this liberality! Professional men, can understand
the boundaries and distinctions. It is not within my
present compass to go into them.

Preparatory to the trial; a great point is, the examination
of the witnesses to be adduced by your
client; such of them as are willing to say what they
know, prior to their being called in court. It is of
moment for you to know what you can prove by any
one of them, that you may bring them to the point
immediately; and save the time of the court from
impertinent relation. It is necessary for the sake of
your client to sift them well, and know the testimony
they are about to give. The council above
who has thus sifted them, should undertake to examine.
When the conduct of the cause, rests with
me, and the responsibility, I would suffer no assistant
to ask a question of my witnesses. Let him take
his turn, and fill up his part in cross examining the
witnesses of the adversary. When the testimony is
closed in a jury trial, the cause is usually lost or
won: and a single question injudiciously put, may
have been the cause of lossing it. Yet there is
nothing more difficult for a leading council than to
restrain the impetuosity of his associates, and their
avidity to ask questions.

It is a matter of great judgment when a witness
has answered well, to let the answer rest. It is favourable
to truth to let it rest; for by puting it again,
and again, you confuse the mind, and you may get
the very reverse of what he had before said; or at

-- 054 --

[figure description] Page 054.[end figure description]

least you may get it so disturbed, as to be unintelligible,
and do you no good.

If it occurs to an assistant council who has not
previously examined; that a question may be put
with advantage, he can suggest it to the leading,
or examining council, and leave him to judge. The
wish of seeming to be doing something for his money
is the cause of that propensity to interrogate that
prompts improperly to take up the examination.

The taking down the testimony is so managed
as to consume time unnecessarily in our courts. All
concerned in a cause, must take down and wait for
all. The testimony must be taken down as if it was
to be read again to the court, or sent to the jury in
the style of a written deposition. Unnecessary matter
is taken down; for there are seldom more than
a few sentences in the testimony of a witness that
are material to the cause. But it is to seem very
busy, and doing something for the client, where in
fact nothing is done, that leads to an ostentation
of taking down, even where there is nothing to take.
I have actually known this to take place at the bar.

Well; what do you know of this matter?

Why, in fact, I know little about it.

Stop, stop a little, let me take that down.

Well; you say you know little about the matter.

Nothing at all—only—

Stop, stop, let me take down what you have
said—

A thing like this exhausts the patience; yet it is
difficult for a court to correct it. It must depend

-- 055 --

[figure description] Page 055.[end figure description]

upon the good sense of the council themselves, to
select, and confine their notes to what is of substance
in the evidence.

The greatest effort in the management of a cause,
is the taking exception to evidence. For this purpose,
it is necessary that from the commencement of
the trial, the leading council lies by; thinks much;
says little; bends his whole mind, to preserve himself
unruffled: sets forward the junior, and assistant
council to spar where it may be necessary; to make
prolusions, and gain time,

As for instance; a piece of evidence is offered.
It strikes the leading council, that exception lies
against it. But he is not clear; nor is he prepared
to support the exception. An assistant council takes
the exception. It is run down and completely answered.
Not a word more: But the leading council
has had time to consider.

If he had not thought proper to give it up; He
would have risen in full force.

And if he had been answered with some shew of
reason, the assistant would have rejoined, and done
justice to the argument. For let it not be thought
that though I mark the parts of the assistant council,
I do not well know that the greater lawyer, may have
the subordinate part assigned him; or may fall into
that place, in the management of a cause, on the
trial. The greater general may happen to have the
command of a detachment only; or be employed to
bring on, or relieve, in the course of an engagement.

For law is an image of war; and as in war, the
greatest praise, is to discharge your duty wherever it

-- 056 --

[figure description] Page 056.[end figure description]

may be assigned, so on a trial. A column standing
still; and never brought forward, or discharging
a shot, but simply keeping ground, may have done
the real execution, and gained the battle. A thought
suggested is sometimes more than an argument.

But, nevertheless, elocution has its place, and
noble praise. It is delightful to hear one speak well
where he ought to speak. “The words of the wise
are like nails; fastened in sure places.” Great indulgence
must be made, for young pleaders; but I
have it not in view to treat, not of what is to be indulged;
but of what is to be approved. Brevity is the
soul of eloquence, and amplification, the usual fault.
Few err in saying too little. Tediousness is the more
common extreme: padding, and beating on the point.
After a passion is excited there is danger of “tearing
it to rags.”

The opening of the case, before the evidence is
introduced, is a matter of some delicacy; and a principle
is brevity; and stating the proper proof, rather
below what it will turn out. When disappointed in
the expectation raised, the mind is disatisfied, and
with difficulty can do justice to what is proved.
It is in the application of the evidence that eloquence
finds her province at the bar. And yet here it is that
less harm can be done by weak or unskilful advocates,
than in any part of the contest. The court
and jury are attached to the evidence. The mind
is steadfast upon this, and if a flourisher runs off; he
may talk; it is only a loss of time. It is here that
less experienced council may be suffered to amuse
themselves; and can do little harm, more especially
if there is some one to follow to review the facts,

-- 057 --

[figure description] Page 057.[end figure description]

apply the law, and clench the argument. The harm
that can be done, is to weary the mind, and relax the
spring of attention. This is mischievous; but cannot
well be prevented. The council must be heard.
But there is much less danger to a cause, in this,
than from an injudicious touch in the conduct of it,
through the evidence.

With regard to reading authorities in the opening,
or reply; or in the conduct of the trial generally, I
have but a single observation. It is better to adduce
no authority, at all, than one which has a doubtful
application, because it brings in question the disscernment
of the council; and gives an opportunity, to the
adversary, to flourish and run down. General reason,
is a safer ground, than doubtful decissions.

The lecture now ended, the Captain paid his
score, for the privilege of hearing, and to the fidler,
for the tune that followed, and so took his lease.

-- 058 --

[figure description] Page 058.[end figure description]

A great uproar had, in the mean time, taken
place in the village. The doctrine of abating nuisances,
had been much in conversation, since the town-meeting
in the matter of the pole-cat. It came so
far, that an incendiary, proposed, to abate or burn
down the college. Because, said he; all learning is
a nuisance.

A town-meeting had been called on the occasion;
and whether from a wish to see a bon-fire; or from
the hatred of the ignorant, to all that places the informed
above them; the proposition however unreasonable
and illegal had its advocates. It had been actually
carried, and a fellow was now on his way with a
brand lighted to set fire to the building.

The alarm was given; and the more considerate
and amongst these, the Captain, rushed out to endeavour
to prevent conflagration.

Force was in vain; and reason avails little with a
mob. The only way to oppose their resolution is indirectly
by turning the current of their thoughts aside
and to the attaining the same thing in another way.
The principal and professors had harrangued in vain.
It was threatened that if they did not stand out of the
way, they would burn them, with the college.

The Captain had come up; and ventured to speak.
gentlemen, said he, it is not for the college that I am

-- 059 --

[figure description] Page 059.[end figure description]

about to speak; it is for yourselves; your object is
to put down learning; and do you not know that it is
put down already. Why will you do a useless thing?
It is calling in question your understanding, to do a
needless mischief.

At this they began to stare, while the Captain
went on.

Is not learning put down already? the methodists
are the best preachers. Take a horse jockey and in
two weeks from the jump, he is in a pulpit. No need
of Latin, Greek, Hebrew; a pollyglot bible; systems
of divinity; a commentary, a treatise, an essay, or a
dissertation. All is plain sailing now.

All this tends to put learning down, so that you
have all the advantage of this, without the trouble.
Why burn the college?

The building will serve useful purposes, when the
professors are driven out of it. All is plain sailing
now.

Politicians say; we have it from their own mouths
on some occasions, that though they have no learning,
they feel no want of it. Is it to be supposed that
a workman does not know whether he wants tools?
All this ends when learning and law are put down.
Trial by battle must regulate society. We shall
then want barracks and hospitals. This building will
accomodate invalids.

I do not know, said a sedate man among the
croud, whether after all, a little learning may not be
in some cases, useful. It is a great help to weak people.
I have seen a book, entitled, Hukes, and e'en to had
up crippled christian's brecks
. That is hooks and eyes

-- 060 --

[figure description] Page 060.[end figure description]

to hold up breeches. Alluding, by the bye, to hooks
and eyes which were in use before buttons. What are
called gallowses, have succeeded to the assistance of
buttons, but have not altogether superseded them.
Not that I mean to insinuate that the disuse of hooks
and eyes, lead to the gallows in the proper sense of
the word, any more than that learning does. Though
many a man that wears buttons has been hung. Perhaps
more without buttons than with them. But I
mean to say that a young man, before he comes to
the years of discretion may as well be employed in
learning to make marks upon paper, as playing at
nine mens morrice, and it does him no more harm to
try to read Greek, than to trace partridge tracks. The
mind must be employed in something to keep it out of
harm's way, and a recluse in a seminary is useful, if
for nothing else at least to keep young people within
doors, which the academician could not easily do,
unless, the device of books was used to beguile the
hours of study. And though a great part of their
learning, is but the knowledge of hooks and crooks,
yet the exercise of the mind renders them more expert
in thinking, and though Latin is of no more use to
raise the devil than English, now a days; yet it is a
gentle exercise to learn it, and makes the boys grow
faster. It keops them from their mothers who are
apt to spoil their offspring by too much indulgence.
The idea of geting a task accustoms the mind to
obedience. Now there are some branches of science
that are really useful, such as speaking and writing
intelligibly, and casting up accounts. Nor is the
time altogether thrown away in learning

-- 061 --

[figure description] Page 061.[end figure description]

mathematics, especially the theory of the mechanical powers.
Some are of opinion that this study has been of great
use in navigation, and water works. The antients
found their account in it, in the construction of the Catapult.
But, at least, what harm, in letting pedants chop
logic, and boys laugh, in the seminaries? A herring
pickle, or a Merry Andrew, is allowed to amuse people,
and we do not pull down their stalls. A ventriloquist
is suffered to take his dollar from us, and we make no
remonstrance. Lectures, on moral philosophy are at
least as innocent as this. I do not know any better
recreation for a lad of mettle than to listen to a dissertation
on cloquence, or a discourse on chronology,
and history. It sharpens his wit to talk over affairs
with his equals. But there is one reason that serves
for a hundred. It is not every one that is born a genius,
and can do without the help of education. I am
the refore for continuing these crudities a little longer.
When we can offord it better, we can pull down the
college. This speech had a good effect, and the mob
retired.

But before they were aware, the flame had broken
out, in another direction. The mob retiring, had entered
into altercation amongst themselves, and began to
blame one another. Some, for not going on to burn the
college, and others, for having thought of it all. In opposition
to the last, the first grew outrageous, and began
to exclaim, and to curse and to swear, and said,
damn them, but if they had not burned a college, they
would burn or pull down, a church. They had
actually prepared faggots, and were on their way a
second time, to execute a new mischief.

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The alarm was given, the chief Burgess, and
assistants, and respectable inhabitants assembled!
Great reliance was had upon the Captain, from his
success in the former instance; and when the two
forces, that of the mob, and that of the community
stood face to face, and were in opposition, ready to fall
on, the one to commit waste, and the other to defend,
he was called upon to come forward and harangue.

He obeyed instantly, but was well aware that a
stratagem in war cannot succeed a second time, and
therefore instead of attempting to decoy and turn aside
their passions, thought proper to attack them directly
by the opposite, fear. Madmen, said he, what do you
mean? Is it to rob, plunder and murder that you
have assembled? Come on; but in coming you must
meet with this weapon, brandishing his hanger; I am
alone; but a legion is behind me and will be with me
speedily.

But as I am at all times averse from the use of
force until it becomes necessary. I am willing in
the mean time to hear reason. Why is it that you
would pull down a church, and abolish the christian
worship in the village?

It is not our intention to abolish christianity, said
a grave man amongst them, but to put down the
preacher at this place; who is not an American republican,
but quotes the English commentaters in
his sermons, Henry's annotations on the Bible; Burket
on the New-Testament; Pool's Synopsis, Tillotson
and Baxter, and many others We wish to abolish
these, and have nothing but our own commentaries.
Are we to be drawing our proofs from under a

-- 063 --

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monarchy, and refering to tracts and essays published
in Great Brittain? Have we no sense of our own to
explain texts of Scripture, and apply doctrines? It is
time to emancipate ourselves from these shackles,
and every man be his own expounder, or at least
confine our clergy to the Bible and the Psalm book,
or such of our divines, as have written amongst ourselves,
and are of our own manufacture in a republican
government.

Religion, said the Captain, is of no government.
Wines are the better for being brought over seas,
and our best brandies are from monarchies. Where
was the cloth of that coat made? Will you reject a
good piece of stuff because it came through the hands
of an aristocratic weaver? These are false ideas of
what is right, and useful to mankind. The common
law is not the worse for having been the common
law of England, and our property and birth right
which our ancestors brought with them; nor is our
Bible the worse for having been translated under
James the first of England, which translation we still
use, and from which we repeat all sentences of Scripture.
Nor are systems of theology, or harmonies of
the evangelists the worse for having been written in
another country. Why do we use the English language?
Is it not because we cannot easily substitute
another; or have no better to substitute. The Shanese,
or Delaware, or Piankisha, may be softer,
but not so copious or of equal energy and strength.
But even if in all respects superior, can we by an act
of volition, transfer it into common-mon use and
make it all at once, our vernacular tongue?

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The grave man made no answer; but the more
violent were still disposed to pall down the church.

At the alarm created by the uproar, the pedagogue,
and the pedeseque, ran out, and left the manuscript
in hands on the table. A wag stepping in,
wrote an addition to a chapter. Coming back, the
school-master resumed his labour, without observing
it. The chapter in hands was that which gave an
account of his ascent in a balloon; and the addition
was as follows:

—“Passing a cloud, I put out my hand,
and took a piece of it, and squeczed it like a spunge,
and the water ran out. The sun went North about;
but never set. At the distance of about fifty leagues
above the earth, we saw a white bird sitting on the
corner of a cloud. We took it to be one of Mahomets
Pigeons. If we had had a gun we could have
shot it. Passing by the moon we saw a fellow selling
lands at auction. He wished us to give a bid;
but we told him, we had not come to buy lands in the
moon. We came across a comet, but it was asleep.
It looked like a tarapine; but had a tail like a Fox.

The balloon struck a wasp's nest, and we were in
danger of the stings.

We came near a hail bank; and filled a hat to
bring down with us. The hail stones were about as
large as a pigeon's egg.

A thousand miles above the earth we passed
through a field of turky buzzards. This would seem
to be their region; and accounts for the circumstance,
that no one has ever found a nest of one of

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these. Their rookeries are out of sight, in the atmosphere.

As we approached one of the heavenly bodies.
It appeared like an island. We struck upon a planet,
but Blanchard got out and pushed off the balloon.
We supposed it to be Mercury, as we heard orators
haranguing, and a multitude of tongues.

There were marriages going on in Venus, and in
Mars, we heard the drums beat.

In Jupiter we heard swearing, Proh! Jupiter;
O! Jupiter! by Jupiter.

We meant to have a pull at one of Saturn's rings,
but were blown off the coast, and found ourselves in
the latitude of Herchel. Provisions failing, we thought
proper to shape our course to the carth again.

The first thing we saw was the forest of Ardennes,
which appeared like a shamrock; the Pyrenean
mountains seemed a bed of parsley, and the Atlantic
ocean, was about as large as Loch Swilly.

Within about a furlong of the earth, Blanchard
gave me the parachute, and I came down. It was in
a field of corn among reapers. They took me for a
sheep, and thought to have mation; but finding
their mistake, they invited me to breakfast.

Teague with his amanuensis returning, resumed
his memoir, not observing the interpolation which, in
the mean time had been made. Some have thought
it was the best chapter in it. At least it is the most
extravagant.

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Having now a little time upon his hands, the
Captain thought of repeating his visit to the blind
lawyer, and fidler; and happening at an interval of
the blind man's lectures he drew him into conversation,
on the subject of the law. What is this common
law, said he, which you speak of, and why cannot it
be abolished? The common law of England! why
not a common law of our own; now that we are an
independent government?

It is our own common law, said the lawyer.
We derive it from a common source with the inhabitants
of Britain. Shall the people on that side the
water alone possess this jurisprudence, which our
common ancestors possessed, just because we have
left the island? It was because our birth-right to this
law was questioned that we resisted in war, and declared
our independence. The right to representation
is a principle of the common law, and this right
was denied to the colonies. The right of trial by
jury is a principle of the common law, and this in
some cases, was abridged, in others, taken away altogether.
On what ground were these defended;
on the ground that they were our inheritance by the
common law.

But why called common law? It was so called as
distinguished from the laws of particular places. It

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was a system common to the whole people. The
term came into use after the heptarchy.

A ground of this law is reason; or the principles
of universal justice. The application of these principles
to particular cases, forms a great part of the common
law: the application of the principles of justice
to that infinity of cases, which arise on the intercourse
of men in a state of society: obligations independent
of contract, or contracts themselves. We read the
decisions in such cases, because the reason of those
who have gone before, is a help to those that follow.

Rules of pleading, rules of evidence, the practice of
courts, are the result of experience, and our own;
or adopted by us, as a part of the common law. This
law forms a system begun in the woods of Germany;
taking its rise amongst our Saxon ancestors, was
brought with them into Britain; receiving accessions
from what it found good in the island to which it
came.

Abolish the common law? why not abolish the art
of medicine, because it has been cultivated in Great
Britain? Sydenham, Harvey and Mead, are thought to
have added to the science. The British chymists, in
some instances, have increased the materia medica.
Why not make war upon the apothecaries, because
they sell English drugs?

Just at that instant a hurly burly was heard half
a square distant; people rushing into an apothecary
shop, and jugs thrown out at the window. It was a
mob collected to break up the Doctor.

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A Latin master, a friend of his from the college,
lifting up his hands in the attitude of a man attempting
to ring a bell, was endeavouring to appease the multitude,
in such address as was on his tongue from the
classic authors: cives, cives, quis furor vos agitat!
vesania quæ versat! que dementia cepit! Infelix pecus!
oh! heu! proh hominum. Insanire decet, ratione,
modoque.

It availed nothing. The outrage was continued.
Glass and earthen-ware, broken; the powders and
liquids filled the atmosphere with vapour, and variety
of smells. Ah! said an orator, it is full time
to return to the simplicity of early times, when
men had recourse, in case of internal diseases, or
external wounds, to the barks of trees, or the plants
of the fields, and had not yet become acquainted
with extractions and decoctions put in phials, and
called drops, to make the well sick, and poison the
living.

It would have made a drawing in a picture, to
have seen the apothecary, in the mean time, at work,
endeavouring to clear the shop; with a cudgel, sometimes
pelting a riotor; at other times breaking the
head of one of his own jugs.

A preacher stood by exhorting to carry on the
work. He had taken a text. It was in these words,
“There is a time to build, and a time to pull down.”
He thought this a pulling down time. The greater
part of his audience appeared to think him orthodox,
and were shewing their faith, by their works, at the
expence of the dispensary. Good God, called out
the son of Esculapius, will no one assist? shall I be

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[figure description] Page 069.[end figure description]

ruined? The industry of years dissipated in a day:
All my laudanum, my pepper-mint, sulphur, vitriol,
oils, acids, my tartar and arsenic; all gone to pot,
or rather the pots gone with them, jars, jugs, glister-pipes:
what devastation! what havock! Is it for
sport, or for profit? Oh; monstrous! the folly, the
fury, the madness of the populace! They are indeed
the swinish multitude. A herd of swine in a century,
would not have done me so much damage.

“The swine ran down a steep place into the sea,”
said the preacher. They may have had a vertigo,
or dizziness of the brain, said the Doctor, but they had
no hydrophobia.

At this point of the game, whether by design, or
accident, a cry of fire had been raised; and the fire
company with their engine and buckets were up, and
began to play upon the building, throwing the water
in at the windows, and at the door, so that the people
in the house, and the Doctor himself were as wet
as rats, and occasionally the pipe carried round with
a sweep, came upon the by-standers without. The
preacher got his Bible wet, and his Psalm book; and
the Latin master called out “Jam satis terris;” or that
there was rain enough; and the orator, thought it
a new way, of quelling mobs. The Captain said he
had seen something of the kind attempted in repressing
bees, when they swarmed, throwing water
on them, and that the riots of men were anologous.

But what can they mean, said a peace officer by
attacking this mans boluses? Do they mean to put
an end to the practice of physic? among the savages

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[figure description] Page 070.[end figure description]

they attribute aches, and pains in the flesh and
bones, to a bad spirit that has got into the muscles,
and the tendons, and by rubbing with the hand, and
pressing the parts they endeavour to expel it. The
chaffing has sometimes a good effect, and if there
should not be an evil spirit to drive out, it eases and
relieves from the complaint. But though exercise
and temperance may preserve health, and cold and
warm bathing, and friction of the joints may relieve
from a rheumatic pain, yet in a multitude of cases,
the specifics of pharmacy may be found useful; especially
in a society of close population, where we
have not woods and forests to run in, and where
sedentary occupations keep people sitting half their
time. And though after all, the diagnosis, or distinguishing
diseases, is in many cases, but a guess,
and the means of cure still more conjectural, yet still
there is something in the province of science, and
the skill of the well read, and experienced physician.

Why then do you not put the law in force against
such an attack upon the druggist, said an orator? You
see his chest of medicine broken open, before your
eyes, and his shelves pulled down, and the tables under
foot, and yet no one bound over, or the riot act
read.

Soft and fairly said the peace officers, all in good
time.

Take sail from the mast when there comes too
strong a blast. A madness prevails at present. It
will be but a fortnights continuance. When the people
get a thing into their heads, the best way is to let them
go on. They will come to themselves by and by.

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[figure description] Page 071.[end figure description]

But in the mean time they will do a great deal of
harm, said the Captain.

It is in the atmosphere said the orator! is it imported,
or of domestic origin, said a thinking man
among the croud?

It may be imported, or it may be of domestic
origin, said a simple man; for both abroad and at
home, we have instances of such madness occasionally
breaking out, owing to some subtil gass in the holds of
vessels, or that breeds in our own streets. It may
come from France or Ireland: but what is there to
hinder it of springing up here, where there are as
good materials to work upon, as on the other
side the water. Human nature is the same every
where.

A genteel looking man had got up to speak; but
the people had got tired, and did not stay to hear
him. They retired every man to his habitation.

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[figure description] Page 072.[end figure description]

The memoir of the bog-trotter had now made its
appearance, and was read with avidity by all ranks, and
classes of the community. The novelty of the matter
made the stile agreeable and it was called up as a
model of fine writing. In fact the school master who
was the real author, Teague furnishing only materials,
had some knowledge of the English grammar, and
had read the Pilgrims Progress, the Seven Champions
of Christendom, Reynard the Fox, the Siege of Troy,
and had a diction not unpleasing, and tolerably correct.

The place of a professor of rhetoric in the college,
being vacant, it was suggested that the new author
might be an acquisition to give lectures on eloquence,
and Teague was, as usual, elated, with the proposition,
and solicited the Captain to countenance the
matter, with the Trustees of the Seminary, that, if
he had failed in the political, he might have a chance
of elevation in the literary world. The Captain accordingly
lent his aid, and though, with some reluctance,
undertook to press the matter with the friends
of the institution, still doubting in his own mind the
capacity of the candidate for a chair in a University.
It is true he had heard tell of lectures on taste and
criticism by those, who had not much taste, and
were no great critics themselves. But this was

-- 073 --

[figure description] Page 073.[end figure description]

considered as abuse, and not to pass into precedent.
However consented and did broach the matter. It
was likely to be carried and would have been carried,
but for the other professors, who said it would be a
burlesque on them, and threatned to resign if the
thing was pushed any farther, as in their opinion,
however great the fame of this phenominon might be,
he was in fact but an illiterate person, and fitter for a
professor of gymnastics, than of letters in an academy.

A professor of gymnastics, then let him be, said
the Captain. It is true he has not read Saltzman on
the athletics of schools, or Strutt on the games and
pastimes of England; nevertheless he can play, at
prison base, barley butt, blind-mans buff; the hind-most
of three, and fool in the corner. He is no slouch
at swere-arse, is a pretty good hitch at a wrestle.
He can run and leap abundantly well.

So saying, he turned about, and walked away,
with his stick in his hand to look for the bog-trotter,
and to bring him forward for the professorship, but
had not walked far before he fell in with the remains
of the Doctor's shop that had been thrown
out upon the street; and there, was Teague in a stall
turned doctor, and selling drugs to the multitude,
arsenic for worm-powder, and laudanum for wine-cordial.
He had picked up the phials when the apothecary
had run off fearing the multitude, and the
people thinking this man his deputy, or substitute,
selling off at a low price, were willing to take a bargain
while they could get it.

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[figure description] Page 074.[end figure description]

The Captain was enraged on the score of humanity,
and for the first time, made a stroke at the bog-trotter.
The cudgel lighted on a box of spanish
flies that was going off at 12½ cents, and dissipated
the contents. A dialogue ensued, and much expostulation.
But the result was, that the vendue was
broken up, and it came to be understood, that Teague
was not the real owner of the ware-house, and that
the purchasers might be called upon to pay for the
druggs a second time. This last consideration had
an effect and the bidding ceased.

But as to the professorship of wrestling, we have
heard nothing farther of it.

At this time John Murdoch came up, a shrewd
sensible man, though not in any office, and being
well acquainted with the Captain, and the history of
the bog-trotter, made free to speak upon the occasion,
and addressed himself to the Captain; for the
bog-trotter had run off, whether fearing the stick, or
to spend the money he had gathered. Captain, said
he, Nemo omnibus horis sapit; for he had a few
scraps of Latin at his command; no man is wise at
all times. You have been a long time seeking to
get your man into place, and now that he had got
into place without you; for accident often does more
for a man than his best friends; now, I say that he
had got into place without you, you have been unwilling
that he should stay in it. Nay you have
driven him from it. He had just got into a good
way in an honourable and lucrative profession, and

-- 075 --

[figure description] Page 075.[end figure description]

you have stopt his career with your batabuy, or
shalelah, a weapon which, from his infancy he had
been taught to dread. Do you think the greater part
of doctors are better read than he was; or even if
better read, does their reading turn to much account?
will the people employ them the sooner, because
they are learned in their profession? Or, even if learned,
is their skill the more to be depended on. One
of the faculty has said; Celsus, “our art is but a
guess;” ars nostra conjecturalis est. Hoffman ran
down Borehave; Cullen ran down Hoffman. Brown
ran down Cullen; and the system now among the
physicians, is a hotch potch, or mixture of all. O'Regan
might have been a quack; but the faculty tell
us that medicine is much indebted to quacks. Mercury
was brought into use by them, and it is now the
panacea, the specific for almost all diseases, the consumption
itself
. Gravity is the most practical qualification
of the physician. Could not Teague assume
a gravity of appearance. A sober physiognomy, a
measured step, with a cane in his hand; a steady
look straight before him; a nod to those that pass
by, as if from a thinking man? Could not he feel a
pulse, and speak mysteriously, if he could not speak
learnedly, not having given clinical lectures, or attended
them? Or could he not hold his tongue a long
time, and say nothing; which would answer the purpose
just as well; for silence is obscurity, and obscurity
is sublimity. When the patient is dead, it was
the disease killed him, not the Doctor. Dead men
tell no tales. Facilis descensus Averni. I have heard
the old blind lawyer say, that occasionally goes about

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[figure description] Page 076.[end figure description]

the town, and delivers lectures, with the blind fidler
at his elbow; I have heard him discoursing to this
effect, that in the profession of the law which is an
ostensible profession, and more likely to expose a
mans parts, or faculties of mind than almost any
other, yet it is, not always understood who is the real
lawyer; and a man may have made an estate at the
bar before it is found out that he is a fool. If he
loses the cause by his mismanagement, he lays it on
the jury: or if the court decide on a point of law
contrary to the advice he had given, what can I help
it, says he, if a commission cannot give sense. It is
the law of the books, though it is not the law of their
heads. The client submits, and is better pleased
with his counsel, than with an honest fellow who had
told him in the first instance; or would tell him in
the last, that his cause was not of the best; and the
verdict, or judgment right. If this is the case in a
profession, that, in comparison of the other, is visible,
tangible; that you can reach it in its exhibition; what
must it be in an art which is less in view; where
the ignorance of the practitioner is capable of more
concealment; and the man dies who is most hurt,
and carries his complaint before Minos, and Rhadamanthus,
who wait until the Doctor comes to give him
a fair hearing?

It is not that I had any doubt, said the Captain, of
his getting into practise, that I had been opposed to
his empiricism. My apprehension rather was that he
would get too much practise, and have too many lives
to answer for morally and in conscience, if not legally.
For what did he know of drugs, or of their effect upon

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[figure description] Page 077.[end figure description]

the constitution? If you go to conscience and morality
with it, I have done, said Mr. Murdoch. You
leave no reasoning for me. I was speaking as a man
of the world, and the making a living: if you feel
yourself entramelled with that sort of doctrine, you
are on the other side the line. I have no concern
with you. You belong to the old school: good bye
to you. So saying, he left the company standing in
the street, and withdrew.

The doctor, in the mean time had come back, and
was examining the depradations.

An inventory was taken under the direction of the
Captain that what remained might be compared with
the original stock, and the loss ascertained, that it
might be compensated to the poor man by subscription.
As to what had been purloined by Teague
in the way of sale, he undertook himself to make up
as to that, having been somewhat accessary to it by
introducing the bog-trotter to the village.

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[figure description] Page 078.[end figure description]

From what has been stated of the activity of mind
among the inhabitants of this village, and especially
from the samples that have been given of their attention
to politics it will not be a subject of wonder, that
there was a village coffee-house, on a small scale in
this place, and that the people sometimes met here,
to smoke a pipe, and take a glass of beer and read a
newspaper. It might be called a beer-house, if what
was drank in it gave the name; for more ale was
drank than coffee; but, in imitation of the larger towns
it was called a coffee-house. It happened that the
Captain wishing to learn the news of the coffee-house,
took a walk there.

Teague, with what he had collected from the sale
of the drugs, had been here before them; and taking
on himself the air of a politician, had called for pipes
and tobacco, and was looking over a gazette; not that
he could read; but to induce people to believe that he
could read: occasionally also, as if unconscious of
those around him throwing out a sentence, in French;
a little of which he had acquired as a parrot would
language: such phrases as, save qui peut: save himself
that can; tam pis pour lui; so much the worse
for him; a la guillotine; to the guillotine. Nor did
he neglect the shrug of the shoulders, a habit of expressing
the emotions of the mind, which remained

-- 079 --

[figure description] Page 079.[end figure description]

still in some degree among the republicans, though it
had been contracted under the monarchy, when people
were afraid to speak out, and raised the back,
when they did not dare to lift the voice; and dumb
signs served instead of a viva voce declaration. This
suited the bog-trotter admirably, and enabled him to
conceal his ignorance. Not that he had the prudence
to intend this; but imitating what he had seen abroad,
he took up the character at home.

The attention of the benches was attracted by
his physiognominy, and attitude; and in the opinion
of some, he was taken for a French minister or consul;
by others for an emigrant of distinction that
had lost his property, for the sake of his title of nobility.

The Captain hearing these surmises, impelled by
the natural candour of his mind, could not avoid explaining.
It is neither French minister, nor consul,
said he; but my bog-trotter, that I had detected
some time ago, selling drugs, and passing himself
for a physician. He might be qualified to be a horse
doctor, but certainly not to practice on the human
constitution. But what particularly excited indignation,
was his purloining the medicines, taking and
carrying away, what did not belong to him, and was
aggravated by the circumstance, of the things being
thrown into the open air, by the rioters who had
broken the house, and dispersed the shop, to the
great injury of the poor apothecary whose property
they were. I had taken it on myself to chastise him,
considering myself under obligation to restrain him,
having been accessary to his coming to the village.

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[figure description] Page 080.[end figure description]

And if you will give leave gentlemen, and excuse
the time and place, I will take the liberty to deal
a few blows at this instant, as he cannot conveniently
escape from the boxes before my stroke over-takes
him.

Not giving time for reflection, or reply on the
part of those present, he raised his baton, and was
about to strike; Teague on the other hand, had up
his heart of oak, also, if not to offend, at least, to defend,
and parry the stroke. His countenance in the
mean time argued submission: his words also, whether
from fear, or respect softening and conciliatory.
God love your shoul, said he, and be aisy; and not
be after bating me before desse paple dat know noting
o' de cause o' de matter; that will take you for an
ould fool, bating and fighting for noting. Just for
making a copper out o' de offals of a farrier, selling
dem to de paple when de mountebank himself ran
off. It is a good job to be making a penny in hard
times. If your honour will give me lave, I will introduce
your honour, to dese paple dat have taken
me for a French minister. I tought I had looked
more like a Papish Praist. But as dey know best,
it is all de same to me. I will drink your honours
health in a tankard of ail if your honour will plaise
to call for it. Dese shivil looking strangers, dat I
never saw before will like your honour better than
kicking and cuffing wid your shalelah and puting
yourself in a passion wid a bog-trotter dat never
meant you any harm.

The address seemed reasonable; and those present
interfering, the Captain consented to let him off,

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[figure description] Page 081.[end figure description]

advising more honesty and fair dealing for the future.
But, in his apology to the company, for what might
seem an impropriety in behaviour, he was led to
give the history of the Hybernian, and the circumstance
of his being in France, which accounted for
his affecting the French manner, and occasional attempts
at the language. This in the mean time led
to a general conversation on the affairs of France,
and the history of the revolution. Observations were
made occasionally, above the ordinary stile of beer-house
conversation; and of which, though expressed
in a desultory manner, as each one took the pipe
from his mouth, or listened to the suggestions of
others, it may be worth while to give a sample.

One of these who had a considerable fluency of
tongue, and ready memory, observed. “That the
loss of liberty in the course of that revolution was
owing to the unskilfulness of those who conducted it.

But in like situations, said another, is it reasonable
to expect more skill? The mass of the people
conducted the revolution, and is it in the nature of
things, for them to stop at a proper point?

It is in the nature of things, said another; but
it is a rare felicity. It is natural to distrust him who
proposes to stop short of what seems a complete reform.
The sovereign people is as liable to the impulse
of passion, and as open to the insinuations of
flatterers as an individual tyrant. The courtier devoid
of principle, in the democratic hall, gets the
ear of the populace, as he would that of a Prince, and
abuses it.

I do not know well what a man can better do, said
another, than just to fall in with the current of

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opinion, and when it changes, change with it. We are
right, say the people. You are right, says the man
of prudence. We were wrong, say the people.
You were wrong, says the same man. Who is ever
displeased with a person that has been in the same
error with himself?

That is true said the Captain: but is there no
such thing as public spirit? Is there not a spice of
virtue to be found in a republic? Who would not
devote himself for the public good? Were Phocion,
and Philopoemen time servers? I grant that it is
not the way to make money of the people, to oppose
them, but it is the way ultimately to make friends of
them, and to have their confidence. Let school boys
propose to rob a hen-roost, they will respect him who
dissuaded, though it was not popular, but incured
the imputation of cowardice, and a want of spirit, at
the time. Let them rob a garden, and be brought
to punishment, they will revere him who had told
them it was wrong but was hurried along with them,
and suffered by their fault. It is by these means that
amongst savages, strong minds obtain the ascendancy
and are trusted by the nation. Great is the force of
truth, and it will prevail. It requires great courage
to bear testimony against an error in the judgment
of the multitude; as it is attended with present disreputation.
Yet courage here is virtue, and is its own
reward.

The great mischief of democracy is party, said an
orator, who had taken the pipe from his teeth.

It is the great advantage of it, said his neighbour,
a man with a red head, and a sandy beard. It is the
angel that descends at a certain season and troubles the

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pool of Bethseda, that the lame person may be made
whole. Were it not for party, all things would go
one way; the commonwealth would stagnate.

But let one party obtain the ascendancy, and does
it not come to the same thing. All things will go one
way then; or rather stand still.

Not so, said the Captain; no party can maintain
power long. The ascendancy carries its overthrow
along with it. The duration depends upon the judgement
of the leaders of the councils. But the leaders,
will find that they cannot lead, after the overthrow
of an adversary. While they were struggling up the
ascent, every one was willing to be helped, and took
advice. But on the top of the precipice, they take
possession of the plain, and scamper, and hoop, and
there is no restraining them. A leader of judgment,
will always find it more difficult to manage his own
people than to combat his adversaries. They cannot
be brought to halt at a proper point; and their errors
bring them down again, as those of the possessors of
power, did before them.

However, this is wandering from the point, said
a man in a black wig; we were talking of the French;
who says that Bonaparte did not usurp the government?

I am of that opinion, said the Captain; for there
was no government to usurp. He put down the
directory, who had themselves put down the councils.
The banishment to Caryenne, is a proof of
this.

I agree with you, said an individual on the other
side of the box, or bench, as it rather might be called.
It was the Mountainards that ruined the

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republic, at the very time they were running down others
under the charge of incivicism, and conspiracy against
the republic.

Doubtless, said the Captain; It is in popular intemperance,
that aristocracy, and despotism often
have their source.

At this instant the blowing of a horn announced
the arrival of the post; the late papers were brought
into the room, and all began to read

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The Captain having a short space of time to spare
from his avocations, and disposed to take the air, had
walked out and coming near the small building
which served as a hospital for the village, was disposed
to visit it, and see the state in which it was, with
what new objects, since he had been absent on his
peregrinations.

He was shewn by the keeper a very extraordinary
object in a cell, a man who imagined himself a moral
philosopher, delivering lectures. His observations
were occasionally fraught with good sense. While the
Captain stood, in the passage opposite his door, he
made a note of some part of his discourse, and which,
having had an opportunity of copying, we shall give
to the reader. It was on the subject of the resentment
of injuries.

“It is a strange thing, said he, that we cannot
submit with equanimity to evils in the moral world,
as we do in the natural. We expect a fair day, and
there comes a foul. Is it any gratification to us, to
beat the air, or stamp upon the puddle? Who would
think of giving the cow-skin to a hurricane? Yet the
greatest damage is sometimes done by a blast of
wind. He would be thought a madman, and sent to
this place, who was deprehended buffeting a whirlwind,
even though it had torn up by the roots, or

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broken down a fruit tree. He must be out of his
senses indeed, that would have recourse to a bludgeon,
in case of an attack by an inundation. It would
be a laughing stock to see even a Turk giving the
bastinado, to a hot season, or to cold weather. The
knout indeed to a Russian winter! Did the Pope ever
excommunicate a storm on the ocean? What man is
angry with a squall of wind? He considers it as an
evil, and composes his mind to the disasters, which,
in the loss of his merchandize, it has occasioned.
Is ingratitude less to be expected? and yet when it
happens, we reprobate, and seek revenge. Sufferings
from moral causes, are just as common as from natural.
And yet when an injury is committed by a
human creature, we are taken as it were by surprise,
and lose temper. Cannot we turn away, as it were
from a sudden gust, and take shelter under some one
willing to protect us, without thinking more of the
enemy that had beaten us, with his fist, or abused us
with a bad tongue? The pelting of a hail stone never
induces you to use hard words, or to demand satisfaction
of the atmosphere; and yet you will send a
challenge, and risk your own life to punish a man
that has barely slighted you in manner, or in words.
Why not take the other side of road, and pass
him by as you would a pond of water, or a marshy
place? Cannot we take the necessary precautions
against calumny, as we would against foul air, without
puting ourselves in a passion with the author of
the defamation any more than with a vapour, or an
exhalation? But there is such a thing, as will and intention
in the moral agent. Is this any thing more
than an idea, a matter of our own imaginatiens? It is

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the same thing to us whether there is a spirit in the
winds, or no spirit when a house is blown down; or
the roof carried away. What is it to us, whether the
cause thinks, or does not think. We blame it the
most sometimes because it does not think. We call
in question the understanding of a man when he
wrongs us; and say, if he had the reflection of a
reasonable being, he would have conducted himself in
a different manner. And yet the consideration that
he had not reflection, does not mitigate, but increases
our resentment. Oh! the inconsistency of human
life and manners. I am shut up here as a mad man,
in a mad place, and yet it appears to me that I am
the only rational being amongst men, because I
know that I am mad, and acknowledge it, and they
do not know that they are mad, or acknowledge it.”

As far as my small judgment goes, says an orator,
when he is about to express an opinion; and
yet he does not think his judgment small. No, no:
he would take it much amiss if any one took him at
his word, and would say, true it is, your judgment is
but small
. All think themselves wise, wise, wise.
But I say, fools, fools, fools. At this he threw himself
down on his couch, and fell asleep.

The keeper said he had been lecturing three
hours, and he presumed, was exhausted of his
strength, if not of his fund of observations.

In the next apartment was an insane person, who
stiled himself the “Lay Preacher,” and the Captain
coming forward, he took his text as usual; and
began to preach. Book of Judges, 21, 25. “In
those days there was no King in Israel; and every
man did that which was right in his own eyes.”

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That was right, said a mad democrat, who was
confined in a cell across the passage. When we got
quit of a king, the same thing was expected here,
“that every man should do that which was right in
his own eyes;” but behold we are made to do that
which is right in the eyes of others. The law governs,
it is said, and this law is made up of Acts of
Assembly, and the decisions of the Courts; and a
kind of law they call the common law. A mans nose
is just as much upon the grind-stone as it was before
the revolution. It is not your own will that you
must consult; but the will of others. Down with
all law, and give us a free government, “That every
man may do that which is right in his own eyes.”

Madman, said the Preacher; thou knowest not
what thou sayest. It is an evil that men should do
that which is right in their own eyes. A man is not
a proper judge of right in his own cause. His
passions bias his judgment. He cannot see the right
and justice of the case. The want of a king in Israel
was accompanied with the want of laws. I do
not mean to say that, without a king there cannot be
laws. But kings is put here for government, that
being the government, at that period known in the
world. For even a mixed monarchy is an improvement
of later times. The meaning is, there being
no government, every man did that which was right
in his own eyes; and ten to one, but it was wrong in
the eyes of others:
A wild state of anarchy indeed.
A fine time for Sampson to live, that could knock
down people with “the jaw bone of an ass.”

What worse, said the democrat, than amongst
us where we see honest men knocked down with the

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jaw bones of lawyers, arguing a cause, and the judges
that decide upon
the case.

Passing on, the Captain came to the stair case,
and ascended to the second story; he wished to see a
mad poet who had been engaged in travestying his
travels. He had the advantage of a commodious
apartment, more so, than some of those who have
surpassed him in his art in different places and periods
of the world. The great Dryden was not so
well accommodated, at least at the time he wrote his
St. Cecilia's Ode, which is thought to be the best of
his compositions. The poet that we have before us,
was a quiet man, and had the privilege of the hospital,
to go and come as he pleased, but not to go without
the walls. He was confined here by his relations
merely as a matter of convenience to have him taken
care of; being so absent in mind, that he was incapable
of taking care of himself. The bundle
of manucript by him in dogrel verse, would seem
to be enough to compose a book, half as large
as Hudibrass. He was over-joyed to see the
Captain, who was the hero of his Poem; and
the Captain was no less amused to see him, and
the adventures of which he made a part turned into
rhyme. His sensations were not equally sublime
with those of the Trojan hero, when he saw the war
of Troy in the paintings hung up in the Hall of the
Queen of Carthage. But the circumstance was not
less entertaining to him as the actor, or the speaker
in the course of the adventures so recorded, and he
consented to accept a copy, not that he meant to
give it to the press, but to cast his eye over it, for
his particular amusement: Nevertheless, the

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manuscript having fallen into our hands, we shall select
parts of it, and according as the reader seems to like
that which he gets, we shall give him more. In the
mean time we shall dismiss the Captain from the
hospital, not but that there was much more to see
and hear amongst the Bedlamites still, but affected
with melancholy and weary of the scene. At the
same time doubting with himself, whether those he
saw confined were more devoid of reason than the
bulk of men running at large in the world. He had
no doubt of one being a lunatic of whom the keeper
made mention, but whom he had not an inclination
to visit, in the second story; for he was said to be
employed looking at the moon, with a pair of spectacles
which he took for a telescope. For lunacy
means moon-struck, and this seemed to be the case
with him.

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Having turned his back on the hospital, the
Captain saw a concourse of people: the cry was a new
code of laws.

A new code, said a grave man? Is not the old,
the result of experience, a gradual accession of rules
and regulations in society? Begin again, and you
would come to the same result at last. But to form
laws from abstract comprehension, fitted to all exigencies,
is not within the compass of the powers of man.
It is sufficient if he can form a schedule or plan of
government; this is the outline; the interior gyrations,
must be made up from repeated experiments.

The words new code, were mistaken by some
amongst the croud, for no code.

No code, was repeated through the multitude.

What no laws at all, said the grave man?

No laws, was the outcry immediately, and every
vociferous person wishing to hear himself speak, and
every timid person, afraid of being suspected of incivicism,
began to call out, no laws.

That will never do, said the grave man, it were
better to have no judges than to have no laws, or at
least as bad. For how can men judge but by laws.
Arbitrary discretion is a blind guide.

The words no judges, had been heard more distinctly
than the rest, and supposing it to be a

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substitute for no laws, voices came from every quarter in
support of the amendment. I support the amendment;
I agree to the substitute, no judges, no judges.

The clamour became general, down with the
judges.

This puts me in mind, said the Captain, of the
sermon of the Lay Preacher. I should have no objection
to an amendment of the law, or to new judges
but no laws, no judges, is more than I had expected
to have heard in an assembly of republicans.

A person standing by was struck with the good
sense and moderation of this remark, and stepping
forward, made his harangue.

I will not say, said he, that I am for no judges;
But this I will say, that new judges is a desideratum in
the body politic. The greater part that we have are
grown gray, and are as blind as bats: they cannot see
without spectacles. I am for new judges.

You talk of judges, said the grave man, as if it
was as easy to make a judge of law as to make a
bird-cage, or a rat-trap.

What, said a merry fellow, shall we have new
shoes, new pantaloons, and new every thing; and
shall we not have new judges? We shall never do
any good with the present set of judges on the
bench.

It was carried that there should be new judges.

But having disposed of the old, it became a question
whom they should elect for new. The bog-trotter
was proposed for one, having had his name up before
in the matter of the news-paper.

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What, my waiter, said the Captain? Yes, your
waiter, said a wag, or a fool, I do not know which.

You astonish me, said the Captain. My waiter a
judge of the courts. He will make sad work on a
bench of justice. He will put down all law. He will
silence all lawyers. He will have no law: no books;
no cases; all plain sailing with him. Every man
his own lawyer, state his own cases, and speak for
himself. No Hooks and Crooks reports; no Hawkins;
no Bacons: or Blackstones; or Whitestones; no
Strange cases; no law of evidence. Every man sworn
and tell what he knows, whether he has seen it, or
heard it, at second, or at first hand: interest or no
interest; all the same; let the jury believe what
they think proper; and the judge state the law from
his thumbs ends without books.

This is madness, and here I have more trouble
on my hands with this bog-trotter, than I have ever
had before. It is a more delicate matter to see him
placed on the seat of justice, to administer the laws,
than to be in the Senate House, and assist to make
them. For in that case he would be but a component
member of a great body, and his errors, might
be lost in the wisdom of the other members. But in
the capacity of judge he is sole, or with but a few,
and it is an easier matter to frame a single law than
to expound and apply a thousand.

Gentlemen, said he, addressing himself to the
multitude, you will ruin your administration at this
rate. You will bring disgrace upon it. The people
will not feel your error at once; but they will feel it
by and by, and will depose you who have been the

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most active in this cavalcade. That is, they will
withdraw from you their confidence. The abuse of
power leads to the loss of it. No party in the government,
can exist long, but by moderation and wisdom.
The duration of power, will always be in proportion
to the discrete use of it
. I am shocked at
your indiscretion. Have not some of you read Don
Quixotte? In the capacity of judge, Sancho Panza
made some shrewd decisions; or rather Cervantes
made them for him; for, I doubt much whether Sancho
ever made one of them. But who is there of
you, will make decisions for Teague. I doubt much
whether he would take advice, or let any one judge
in his behalf. Besides that of a judge is not a ministerial
office, and cannot legally be exercised by
deputy. You will make pretty work of it with
Teague for a judge. It may be according to the
light of nature; but not according to the law of nature
that he will judge. At least, not according to
the law of nations: for no nation under heaven ever
had such a judge. Not even in the most unenlightened
times. If he had a knowledge even of the old
Brehon law, in his native country, it might be some
help. But in matters of meum and tuum he has a
certain wrong headedness that hinders him from
ever seeing right. He thinks always on the
one side; that is on his own side. But what he
would do between suitors, I am not so clear, but I
take it he would be a partial judge. The man has
no principle of honour or honesty. He would be an
unjust judge.

Will not the commission make him a judge, exclaimed
one of the multitude.

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But will it make him capable of judging, said the
Captain?

Why not, said a boisterous man. What else
qualifies or makes fit. Can the most sensible man,
or the most learned person, judge without a commission?

Doubtless that is the authority, said the Captain.
But still the capacity.

Capacity! Said a man, with a bit out of the one
side of the membrane of his nose, sniveling in his
speech; capacity! Give me the commission, and I
will shew you the capacity. Let me see who will
dare to question my capacity.

Such a burlesque, said the blind lawyer, tends naturally
to the overthrow of justice. For able and
conscientious men will withdraw from a degraded
station. Intrigue, worse than, perhaps, the arm of flesh
itself, will come to be employed in the management of
causes. Security of person, property, and reputation,
the great end of civil institutions, will be rendered precarious.
The security of them depends upon fixed
and known rules, as well as the application of them.
It is not an easy matter to attain a knowledge of these
rules. The laws of a single game at school, or of
such as employ manhood, in an hour of amusement,
is a thing of labour to acquire. The law parliamentary;
or rules of a legislative body, is not learnt
in a day. And yet without a knowledge of it,
there is a want of order, as well as dispatch in
business. The laws of municipal regulation in
a community, laws of external structure, and internal
police, are not attainable with the celerity of

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a moments warning. But when we come to the rules
of property, the laws of tenure and of contract a field
opens, that startles the imagination. Even the study
of years, makes but a sciolist. But, you will say, lay
aside rules. Let all decisions spring from the dictates
of common sense applyed to the particular case before
the judge. But the mere arbitrary sense of right and
wrong, is an unsafe standard of justice. A free government,
is a government of laws. A Cadi or a Muffti
are tolerable only in despotic counties. You are destroying
your republic by undermining the independence,
and respectability of your judiciary. It is that
branch of the government, on which liberty most
essentially depends.

The multitude seemed to be but little moved by
these observations, which made it necessary for the
Captain to try what could be done with the bog-trotter
himself, to dissuade him from accepting the appointment.
Accordingly, taking him aside, he spoke
to him as follows:

Teague, said he, will there be no end of your
presumption? I take it to be a great error of education
in our schools, and colleges, that ambition is
encouraged by the distribution of honours, in consideration
of progress in letters; that one shall be
declared the first scholar in languages, another in
mathematics. It is sufficient that the fact be so
without announcing it. The self-love of the student
will find it out himself, without information, and his
fellows will be ready to acknowledge it, provided that
it is not arrogated, or a demand made that it be formally
acknowledged. For this takes away the

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friendship of others, and corrupts the moral feelings of
the successful competitor himself. Ambition springs
up, that accursed root which poisons the world.
Now, you cannot lay your ambition to the charge
of schools, or colleges: For, you have never been
at any seminary whatever, as far as I understand, if
I may guess from your want of attainments in academic
studies; and yet notwithstanding you have
never been in the way of the distinction of grades, and
prizes, and literary honours; you have discovered an
ambition of a full grown size, even at this early period
of your life. It must be a bad nature that has
generated this preposterous aiming and stretching at
promotion. A wise man will weigh, what he undertakes;
what his shoulders can bear, and what they
cannot. He will consider whether the office is fit for
him, or whether he is fit for the office. He will reflect
that the shade is often-times the most desirable
situation. Do you see that bird upon the tree there?
It builds its nest with care, and endevours to render
it convenient. But does it build it on the topmost
bough, exposed to the sun, and the heavy rain; or
rather does it not choose an inferior branch in the
thickest of the umbrage? Take a lesson from the
fowls of heaven, and the brutes of the field. It is not
the elevation of place, but the conveniency of accommodation
that governs them. Ambition is an accursed
germe of evil in the human mind. It is equally
destructive of the happiness of the possessor and of
that of others. You a republican, and yet destitute
of republican virtue, the basis of which I take to be
humility and self-denial. Were I the master of an

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academy, the first, and continual lesson would be,
to attain science, and be learned; but as to seeming
so, to consider it as of no account. Science would discover
itself
. The possessing knowledge would be its
own reward. The concealment of all self-knowledge of
this advantage, not only constitutes the decent and
the becoming in life, but lays the foundation of emolument
in the good will of others. It may be pardonable
in early age to have pride in the advantage of
bodily form; but we call in question the modesty of
a youth, male or female, who seems to set an inordinate
value, on a limb or a feature. How much less
tolerable, the pride of mental superiority. But of all
things under heaven the most contemptible, and the
least sufferable, is that of incompetency to a trust,
and the aspiring to a place, for which the candidate
is not qualified; or, even if qualified, against modesty,
and the claims of others. It brings a man to be
the subject of a laugh, and ridicule. Do you know
that the making you a judge, was but a farce, in the
manner that Sancho Pancho was advanced to a government.
You have read the Don Quixotte of Cervantes,
I presume. But what do I say; you read
Don Quixotte! you have read nothing; and yet you
would be a judge. Ambition, I tell you, is an evil.
You have read of Don Quixotte, in the Roman Histotory.
Again I forget myself. You have read nothing.
But I may tell you of him. What was the
purple to him compared with lossing the affections of
his countrymen? Though, by the bye, there is
some reason to think that it was neck, or nothing
with him, and that self-preservation made it
necessary to usurp the empire, things having come

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to that state at Rome, that if he did not usurp, another
would. But a good republican, and a virtuous
man, would rather fall, than save his life, at the expence
of the rights of others. But it slips my memory
that I am talking to a bog-trotter. There is
no making a silk purse out of a sows car. Suppose
you were made a judge; in this hurly burly of the
public mind, would your standing be secure, even
with the most perfect competency for the place?
You would not stand two throws of a weavers shuttle.
Your chair, under you, would be like an old piece of
furniture bought at a vendue, put together for sale;
the glueing gone, and the joints broken. It would
fall before it had felt half your weight, and leave you,
with your back-side upon the floor. New judges
to-day, and the public mind would have desired new
judges to-morrow. Consider the physical consequence
of being broken from the bench. Take my
word it is not a common breaking this; it will affect
your frame at every change of the weather. It will
make an Almanac of your whole system. It will
make your joints ache. It will be worse than a sprain
in the ancle; or a rheumatism in the limbs; or a
sciatica in the small of the back. It will give you a
cholic every new moon, and take away your sleep at
midnight. It will give you the jaundice; and hurt
your complexion. Your eyes will become yellow,
and your cheeks green. You will loose your
appetite; and not be able to eat, even when you can
get it. Why man; it will blister your feet, and break
your shins. It will bring you to deaths door, before
you have lived half your days.

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By de holy poker, said Teague, I will be no
judge, if dat is de way of it. Dey may judge for
demselves; I will be no judge. De devil a judge
will I be; I would sooner dig turf or be a horse-jockey
at fairs in Ireland, dan be a judge on dose
terms; so dey may make whom dey please a judge
for me.

The Captain was satisfied, finding that his expostulation,
and remonstrance had had the desired effect.

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To speak seriously upon the subject, I doubt
much, whether in the present commercial state of
society, and where property is not held in common,
people would be safe and prosperous without law altogether.
I do not know whether, even lawyers are
not a necessary evil. It is true, they take up more
time, than is perhaps necessary, in their pleadings,
and cite more authorities than are absolutely applicable
to the point in question. The younger council
read authorities, to shew that they have read, and
the older to prove that they have not forgotten. I
would allow ninety nine cases out of an hundred, that
have nothing to do with the matter; but the citing
five hundred cases, not one of which is any thing to
the purpose, is carrying it to an excess which in
strictness cannot be justified. It takes up time, and
is not paying a proper respect to the common sense
of the country. A little original reason and reflection
of the advocate himself might answer the purpose
in some cases. The reason of a mans own
raising, may be as good as that which is bought at
market.

—What is't t' us,
Though it were said by Trismegistus?

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Not that I mean to undervalue, much less to lay
aside altogether, the assistance of borrowed reason,
and the auxiliary deductions of other men, whether
on this side the water or beyond it. But there is
such a thing as being enslaved to authorities, or at
least, loading the argument with too much incumbrance
of quotations. It depends a good deal upon
the countenance given by the court to such a lumber
drawn from old books; yet the correcting it requires,
an infinity of care, lest you loose the advantages of
recuring to first principles.

Antiquos recludere fontes. The prefound divine
reads the commentators and thence assists the comments
which he makes himself. The avoiding one
error leads into a worse.

—Fuga Culpœ,
In vitium ducit.

In tearing up the darnel, the wheat may come
with it. The books must be read.

Nocturna manu, versate diurna.

But in an argument, I value more the judgment
of selection, than the labour of collecting. It
is a flattering thing to a court, to take it for granted,
that they understand first principles; and even a
jury are not displeased when you seem to suppose
in the summing up the evidence, and the remarks
upon it, that they themselves can see a thing that is
as plain as a pike-staff. Hence, long speaking, and
an over-minute investigation, is sometimes odious.
Or to attempt to make them believe what cannot
be believed, makes a man sick, provided he is not
disposed to laugh. This depends a good deal on
the natural playfulness of his mind or the mood in

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which he is, from the want of food, or sleep. I
excuse the people shewing a dissatisfaction to the
trial by jury, under the pleadings of advocates, when
the harangues, in an evening are like to prove eternal.
When the stream of the orator turns upon itself;
visits the ground that it had left, and is unwilling
to quit the enchanted borders of the argument.

Yet, I think, all things considered, that there is
some use in courts of justice; and that it would not
consist with antient habits, to lay them aside all at
once. Liberty has been accustomed to them. I do
not find that she has ever done without them.
Wherever she comes, she seems to call for them.

There is a strange coincidence betwen liberty, and
an astablished jurisprudence. Whether it be matter
of accident, or a connection in the natural existence,
may deserve investigation. To give the devil his
due, there is a good deal of pains taken in the courts
to secure a fair trial, in the empanneling the jurors,
and the admissibility of evidence, whether oral or written.
As to the protecting the suitors from each other,
and what is called the consequential contempt, it is a
matter too delicate to touch upon, and we shall pass
it by. But it seems to me that the peace is better
kept, than if there were no courts at all, and no protection
given to the parties, relative to the matter in
question, even out of doors. However, this I leave to
the consideration of the prudent.

Some are of opinion that it would be better to argue
all matters of meum, or tuum, in the public papers,
or in hand-bills posted upon trees. The principal
objection I see to this, is that the suitors waxing

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warm in the controversy, would call one another
names and come to blows. A great deal of ill-blood
between neighbours might shew itself. How could
you keep lawyers from writing in the gazettes, any
more than from speaking at the bar? And here, their
jargon reduced to paper, would spread wider, and
have more permanence than floating on the atmosphere
with which their breath had mixed it in the
first instance. The theories of ingenious men are
not to be discouraged; yet it is not to be taken for
granted that every theory that is plausible, is practicable;
and will be found to answer the expectations
of the most deliberate projector.

The independence of judges, is a favourite theme
with the judiciary themselves. And doubtless there
is some reason on their side. For the Scripture says,
the fear of man bringeth a snare;” and the man that
has most influence, in elections, is likely to be most
feared by an elective officer. It would not be a state
conducive to justice; that in giving judgment, the
judge should be under the temptation to be looking
about, and turning in his mind, the probability of
being turned out in consequence of the judgment he
was then to give: whether John O'Nokes, or John
O'Stiles were to be the next members of the Legislative
body. But this supposes judges fallible,
and subject to the weakness of human nature, which
is not to be supposed at all.

But if you confer independence any more than in
a ministerial officer, the judge becomes impudent.
Power corrupts. It is natural to count too much upon
a mans standing. Every one overrates his own

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importance; much more his own services. Self-love, and
self-consequence swells, and produces oedematous
effects. The man that has given his vote at an election,
or written a paper, will conceive that he has turned the
election; that day light springs because he has croaked.
He will denounce the man that differs from him, as
swerving from the faith; the orthodoxy of the creed;
making no allowance for the different organization of
the brain, and the conception of things. How much
more intollerant is a man like to be, that conceives
himself fixed in a seat for an interminable period.

There is such a thing as tyranny in judges; and
I am no enemy to the investigation of official conduct.
But let the power paramount, the people take
care that they exercise not tyranny themselves; or
give way to passion, which even in a body politic, is
possible. Let the sovereign, like that of all the earth,
do justice; and consider that the possession of power
is upheld by justice.

But as to the notion of some, that law, lawyers,
and judges, might be laid aside altogether; I doubt
as already hinted, the good policy of this. At least
the experiment may be premature. Republican
principles have purified the world a good deal; but
I do not know that it is just come to this, that men
are universally virtuous. Some vestiges of the ironage
yet remain. The old man of federalism enters
yet a little into our dealings with each other. I admit
that public offices are pretty well purged; but there
are unfair transactions yet spoken of among the multitude.
It may be too soon yet to abolish all law,
and jurisprudence. I admit that courts of law are a

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check upon the freedom of the press, and I excuse
the publishers of gazettes, in their zeal to have them
overthrow, or at least reduced to fear and subordination.
Because it is drawing all things to their own
examination. But are they sure that they are good
republicans in this? Or, indeed that they consult
their own security in the event of this licence. For
prostrate the courts, and the cudgel prostrates themselves.
While they are pushing at a judge, they
are preparing the way for some robust man in due
time, to push at them. With different weapons it is
true. For the weapons of the press, are spiritual,
or of the mind; but that of the bludgeon is corporal,
and made of wood, or some other material of a solid
substance. It is not the interest of a printer that a
judge be rendered timid, by persecution; for he
stands between the cudgelist, or pugelist in a controversy
with the man of types. Thus the freedom of
the press, is supported by the laws, and by the due
enforcement of them. Yet it is natural for a man at
first view, to think, that if there were no courts, he
could write with less restraint. He could make every
man tributary to his opinion; or to his measures;
for if he did not libel, he could threaten to libel, and
compel a submission.

It seems to me that a poor man is safer in a country
of laws, than in one without laws. “For wealth
maketh many friends;” and I do not hear any complaints
that the rich are favored in the courts. But,
that may be owing to the mode of trial, which is in
the face of the world, and where lawyers are suffered
to make as free with the character and conduct of a

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rich rogue in a cause, as with one of a more circumscribed
estate. This last is one argument I have just
hit upon, in favour of lawyers; and I find myself
well disposed to give them a lift when I can with propriety.
For though I would be willing to muzzle
them a little in their speeches; yet I do not wish to
see them run down altogether.

Fortitude is a requisite qualification in a judge.
It requires resolution to preserve order at the bar;
over-awe petulance; arrest impertinence in manners,
or in argument; suppress side-bar conversation; and
render the practice tolerable to practitioners of mild
and modest demeanor; of delicate and gentle disposition;
of scrupulous honour, and liberality in the
conduct of a suit, or management in courts. Resolution
is necessary to decision unequivocal and satisfactory,
unawed by forensic opinion or the influence of
individuals. It is dangerous therefore to sap this
spirit of independence, by the precarious tenure of
the office, while at the same time the right of the
citizen is examined, and the power of the court considered
in its latitude and operation. All I mean to
say, is, that the examination of the judicial conduct is
a high trust, in the view of an enlightened public,
and answerable to the present time, and to posterity,
for the consequences.

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What is the reason, said the Captain, to a Gentleman
who dined with him the next day, of the fluctuation
of parties in republics?

The reasons are many, said the gentleman. But
one is the unskilful driving of the state carriage, by
those who get possession of the curricle. Phaeton,
you know, though he had the best advice from his
father

In medio tutissimus ibis.

The middle way is the best; yet before the
middle of the day, he had set the earth on fire. The
people are always honest, but oftentimes the instruments
of their own servitude; by distrust where they
ought to have confidence, and confidence where they
ought to have distrust. The bulk cannot have perfect
information; and that reach of thought which observation,
and experience gives. They must trust a good
deal to others in the science of government, and the expediency
of public measures; and it depends upon
those whom they do trust, whether the power of a party
is long lived, or short. All depends upon the wisdom,
and integrity of those that lead. What ruined
the federal administration, but the intemperance of
driving. The upright disapproved, and the prudent forsook
it. The unskilful pilots were not aware of an under
current that had begun to set. Extremes will

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always beget the same effect; and like the tension
of a chord, produce a return in a contrary direction.
Judgment, how far to go, and where to stop, is the
great secret. Trained shaft horses, that will back
down the inclined plane of a hill, are excellent in a
team. Younglings, though mettlesome, and generous,
are apt to draw too fast, upon a declivity or even on
a plain.

For that reason, I cannot say, that I am favourable
to a change of representatives every year, even when
what has been done, does not altogether please me.
Because experience is a great softner of the mind;
it gives knowledge. A man after some time begins
to understand the game, and to find out who it is that
takes a lead with a view to some object of his own.
That may be unfathomable in the early breaking of
the business, and yet come out at last. Or a man
may come to see his own error, and profit by the recollection
.

But how will an honest man in a deliberate body,
know what to trust but his own judgment? Nothing.
Then let him think humbly, diligently, extensively,
distrusting pre-conceived opinions, and laying his
mind open to the light of truth. Yet there may be
some rules to guide the judgment. Such as trusting
the judgment of others who have had experience in
the science, or establishment, relative to which, the
question is agitated, or the measure proposed. Every
one is to be trusted in that thing, of which he has
some knowledge.

That man is to be trusted who is free from the
imputation of inordinate selfishness in private life.

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You will find an artist that is fonder of the art than
the emoluments. There are men that connect the
public good with their own happiness; generous
spirits who manifest this by their disinterestedness
in ordinary transactions. This is a good sign, and
ought to inspire confidence in their agency, in public
matters. The man that covets good will more than
money, and the praise of benevolence, more than that of
private gain
, has some soul in him, and other things
equal, is to be trusted before him of a contracted spirit,
and self-love in all his actions.

But after all, things will take their course; and
no party in a republic will retain power always, because
they will abuse it; but the duration of power
in an clective government, will depend considerably
upon the being able to distinguish between vigour
and moderation.

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There is a natural alliance between liberty
and letters. Men of letters, are seldom men of
wealth, and these naturally ally themselves with the
democratic interest in a commonwealth. These form
a balance with the bulk of the people, against power,
springing from family interest, and large estates. It
is not good policy in republicans to declare war
against letters; or even to frown upon them, for in
literary men is their best support. They are as necessary
to them as light to the steps. They are a
safe auxiliary; for all they want is, to have the praise,
of giving information. The study of political law,
and municipal jurisprudence qualifies to inform, and
hence at the commencement of the American revolution,
lawyers were the first to give the alarm and
assert the rights of the people. Shall we forget the
recent services of lawyers in the framing the federal,
and state constitutions? The name of lawyer
ought not to be hunted down, because there are characters,
unworthy of the profession, with whom the
love of money is inordinate, and insatiable.

There is ground, for the regret, that literary institutions
are not favoured; that it has become a
popular thing to call out against learning, as not

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necessary to make republicans. The knowledge of our
rights, and capacity to prosecute, and defend them,
does not spring from the ground; but from education,
and study. Under a federal government; we are
peculiarly situated. We stand in need of law, learning,
and legal abilities to support ourselves in a contest
with the claims of the general government, which,
as it bounds the state jurisdiction, must in the nature
of things encroach upon it. It is of great moment,
with a view to this very object that our judiciary be
composed of able men, that under the concurrent
jurisdiction of the courts, it may be able to hold its
own; or more especially, that from a want of confidence
in the abilities of the state judges, recurrence
may not be had to the tribunals of the United States,
by legitimate election; or by those collusions against
which it is difficult to guard.

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The rumour had prevailed, that the judges had
been broke.

Is it upon the wheel? Said a learned man; for
he did not think it could be with the bow-string that
they had been punished; for that is the mode towards
public officers, in the dominions of the Grand
Seignior; nor did he think it could have been with
the knout or bastinado; as that is usual only in
Russia, and makes a part of the penal code, at the
discretion of the Czar.

Not upon the wheel, said a by-stander; they are
not broke in that sense of the word. It is but a removal
from office, that is intended by the word,
broke; and not the breaking of the back, or the limbs,
or any part of the body.

Why break them? Said the learned man, even
in that sense of the word. That is remove.

Because they gave a wrong judgment, said the
by-stander.

There could na be a better reason, said a Scotch
gentleman; it is contrary to the very end o' their
creation.

Why not reverse their judgment? Said the
scholar.

Because it is better to reverse themselves, said
the Scotch gentleman; and let them and their judgment
a' go thegether.

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At saying this, a person came in who gave intelligence,
that the 4th of July being about to be celebrated,
the people had made choice of Teague O'Regan,
the Captains man, to deliver an oration, on this,
the anniversary of our independence, and to draw up
the toasts.

Will absurdities never cease? Said the Captain,
in a free government. My bog-trotter chosen to deliver
an harangue, in commemoration of the men,
and measures, of our great national contest! It is for
the celebration of the festival. Astonishing!

Teague, said he, I could have put up with the
great variety of functions to which you have been
proposed; or have proposed yourself; even that of a
judge of the courts of law; as being matters of a
mere secular nature, and forensic concern; but to
be the organ of the celebration of a festival, which
has become in a manner sacred, by the cause to
which it is consecrated, is beyond all endurance; and
as to the drawing up toasts, or sentiments for the
day, you are incompetent. You may be equal to the
fabrication of a common place allusion to the prevailing
cry, and make it the voice of the occasion, as
for instance, to give a slap at the judges.

But as to hiting off thoughts on the principles of
government; or practical application in the measures
of the administration, you are unequal to the task.

With regard to Teague himself, he had as little
thought of delivering an oration, or drawing up
toasts as any one else could have. The apothecary
who meant to sell medicines on that day, on a stage,
had employed him to act in the capacity of tumbler;

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not that he could tumble; but that he could not tumble;
and so, by preposterous attempts at agility would
answer the purpose of moving laughter, and drawing
the attention of the multitude, who being collected
for that purpose, might be drawn into another, the
purchase of worm powders, lozenges, and usual
drugs.

The celebration of our national anniversary, will
no doubt, be continued while the union of these states
exists. It may be continued by the parts probably
after a dis-union; an event certain, and inevitable;
but which, the wise and the good delight to contemplate
as remote; and not likely to happen for innumerable
ages. The orations delivered on this day, may
greatly contribute to postpone the event of a dis-union,
by patriotic, and conciliatory sentiments. For
this reason, the best abilities, and the most virtuous
hearts ought to be chosen to be the orators of the occasion.

But the toasts, or sentiments given on the convivial
libations; not in honour of imaginary deities,
as amongst the Greeks and Romans; but in honour
of deceased heroes, who have passed from a scene
where they were mixed with us, and to a scene,
where we shall be mixed with them; these expressions
of the public mind, ought to be the peculiar care of
the aged and the wise. They ought to be the lectures
of wisdom. Taking up the matter in this point
of view, what delicacy ought to be attached to the expression
of sentiment. Let it be considered that on
a single thought may depend the essence of liberty:
health or poison may be communicated by a word.

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For the toasts of this day are considered as indications
of the public will
, and yet without a due sense of the
solemn obligations of honour and honesty, toasts are
brought forward, perhaps by an individual, in accommodation
to a local prejudice, and merely to accomplish
the purpose of an election to a public body. For
the fact is, that toasts are not always real expressions of
the sentiments of even a majority of those who suffer
them to pass; they are introduced by the mistake of
those, who substitute the sentiments of the uniformed
for that of the whole community. But all that is
illiberal, on these occasions, ought to be avoided. All
inhumanity, and injustice. All anticipation of judgment
on cases depending; all expressions calculated
to inflame the decision. For a popular clamour once
raised is difficult to be resisted.

Democracy has its strength in strict integrity; in
perfect delicacy; in elevation and dignity of mind. It
is an unjust imputation, that it is rude in manners,
and coarse in expression. This is the characteristic
of slaves, in a despotism; not of democrats in a republic.
Democracy embraces the idea of a standing on
virtue alone; unaided by wealth or the power of
family. This makes “the noble of nature” of whom
Thomas Payne speaks. Shall this noble not know his
nobility, and be behind the noble of aristocracy who
piques himself upon his honour, and feels a stain upon
his delicacy as he would a bodily wound? The democrat
is the true chevalier, who, though he wears not
crosses, or the emblazoned arms of heraldry, yet is
ready to do right, and justice to every one. All
others are imposters, and do not belong to the order

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of democracy. Many of these there are no doubt; false
brethern; but shall the democrat complain of usurpation;
of undue influence; or oppression and tyranny
from ambitious persons; and not be jealous, at the
same time of democratic tyranny in himself, which
is the more pernicious, as it brings a slur upon the
purest principles?

-- --

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-- --

BOOK II.

[figure description] Page 119.[end figure description]

It has been asked, why, in writing this memoir;
have I taken my clown, from the Irish ration? The
character of the English clown, I did not well understand;
nor could I imitate the manner of speaking.
That of the Scotch I have tried, as may be seen, in
the character of Duncan. But I found it, in my
hands, rather insipid. The character of the Irish
clown, to use the language of Rousseau, “has more
stuff in it.” He will attempt any thing.

The American has in fact, yet, no character;
neither the clown, nor the gentleman. So that I
could not take one from our own country; which I
would much rather have done, as the scene lay here.
But the midland states of America, and the western
parts in general, being half Ireland, the character of
the Irish clown, will not be wholly misunderstood.
It is true the clown is taken from the aboriginal
Irish; a character no so well known in the North of
that country; nevertheless, it is still so much known,
even there, and amongst the emigrants here, or their
descendants, that it will not be wholly thrown away.

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On the Irish stage, it is a standing character;
and on the theatre in Britain, it is also introduced. I
have not been able to do it justice, being but half an
Irishman, myself, and not so well acquainted with
the reversions, and idiom, of the genuine Thady, as
I could wish. However, the imitation at a distance
from the original, will better pass than if it had been
written, and read, nearer home. Foreigners will not
so readily distinguish the incongruities; or, as it is
the best we can produce for the present, will more
indulgently consider them.

I think it the duty of every man who possesses
a faculty, and perhaps a facility of drawing such
images, as will amuse his neighbour, to lend a hand,
and do something. Have those authors done
nothing for the world, whose works would seem
to have had no other object but to amuse? In
low health; after the fatigue of great mental exertion
on solid disquisitions; in pain of mind,
from disappointed passions; or broken with the
sensibilities of sympathy, and affection; it is a
relief to try not to think; and this is attainable, in
some degree; by light reading. Under sensations
of this kind, I have had recourse more than once to
Don Quixotte; which doubtless contains a great deal
of excellent moral sentiment. But, at the same
time, has much, that can serve only to amuse. Even
in health, and with a flow of spirits, from prosperous
affairs, it diversifies enjoyments, and adds to that
happiness of which the mind is capable. I trust
therefore, that the gravest persons, will not be of
opinion that I ought to be put out of the church, for

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any appearance of levity, which this work may seem
to carry with it.

I know there have been instances, amongst the
Puritans of clergymen, degraded for singing a Scotch
pastoral. But music is a carnal thing compared with
puting thoughts upon paper. It requires an opening
of the mouth, and a rolling of the tongue, whereas
thought is wholly spiritual, and depends, not on any
modification of the corporeal organs. Music, however,
even by the strictest sects, is admissable in
sacred harmony, which is an acknowledgement, that
even sound, has its uses to soothe the mind or to fit
it for contemplation.

I would ask, which is the most entertaining work,
Smolet's History of England; or his Humphrey Clinker?
For, as to the utility, so far as that depends upon
truth, they are both alike. History has been well
said to be the Romance of the human mind; and Romance
the history of the heart
. When the son of Robert
Walpole asked his father, whether he should read to
him out of a book of history; he said; “he was not
found of Romance
.” This minister had been long engaged
in affairs; and from what he had seen of accounts of
things within his own knowledge he had little confidence
in the relation of things which he had not seen.
Except memoirs of person's own times, biographical
sketches by cotemporary writers; Voyages, and
Travels, that have geographical exactness, there
is little of the historial kind, in point of truth, before
Roderick Random; or Gil Blass.

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The Eastern nations in their tales, pretend to
nothing but fiction. Nor is the story with them,
the less amusing because it is not true. Nor is the
moral of it less impressive, because the actors never
had existence. This, I have thought it sufficient to
say, by way of introduction in this place.

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If the memoir of the bog-trotter had not advanced
the authour to a professors chair; it had, at least, procured
him admission to a number of learned societies;
abroad and at home: should a new edition of the
work come to be published, it will take up, at least,
two quarto pages, to contain the names of these,
member-ships, and honours.

But, notwithstanding the most pressing solicitations,
he could not be brought to accept of an introduction
to the St. Tammany Society; owing to the impression
which he still retained of being an Indian chief, from
which he had a narrow escape in the early part of
this work. For unfortunately, it had been explained
to him, that St. Tammany was an Indian Saint; and
that the Society met in a wigwam, and exchanged belts.
They offered to make him a Sachem; but all to no
purpose; the ida of scalping, and tomhacking
hung still upon his mind. It was, by compulsion, in
France, that he took upon him the character of an
Esquimaux, in the procession of Anacharsis Clootz.

The Captain presented himself to the Society, explaining
these things; and that, in fact, such had been
the alarm of the authour of the memoir, at the proposition
of being made a member, that he had absconded
a day or two before. The Society took his excuse;
and made the Captain, an honorary member in his
place.

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This, was no object with the Captain, as he was
a candidate for no office; and could draw no advantage
from a promiscuous association. Nor did
he see that he could be of any use to mankind in
this new capacity, as the propagation of the gospel in
foreign parts, or amongst the savages, made no part
of the duty. For though Tammany himself may have
been a Saint, there are few of his disciples that can
pretend to sanctity, superior to common christians.
Or, at least, their piety consists more in contemplation,
than in active charity, and practice. We hear of no
missionaries from them, amongst the aborigines of
the continent, as we should be led to expect from
being called the St. Tammany Society. For it is to be
presumed, that this Saint had been advanced into the
calender from the propagation of the christian faith,
as was St. Patrick; St. Andrew, and others. And
though, as these old Societies, with that of St. George,
St. David, &c. the duty of evangelists may be excused,
the countries to which they belong, being long since
christianized; yet the native Americans which St.
Tammany represents, are whole nations of them infidels.
The sons of St. Tammany ought certainly to think a little
of their brothers that are yet in blindness, and lend
a hand to bring them to light. It is not understood,
that even a talk has been held with a single nation of
our Western Tribes; though it could have cost but a
few blankets, and a keg of rum to bring them together;
and in council a little wampum, and killikaneeque.

But our modern churches, have not the zeal of
the primitive: or that zeal is directed to a different
object, the building up the faith at home; and that in

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civil affairs, more than spiritual, doctrines. It is not
the time now to go about “in sheepskins, and goat
skins,” to convert the heathen, to the gospel; but
the citizens to vote for this or that candidate. The
Cincinnati being a mere secular Society, is excusable;
but the Saint Societies, would seem in this, to depart
from the etimology of their denomination. I know
that some remark on the word Cincinnatus; and
think that it ought to be pronounced as well as spelled,
St. Cinnatus; and in that case all would be on a footing.
I have no objection, provided that it makes no
schism;
for even the alteration of a name might
make a schism. And a schism in a Society militant,
such as this is, might occasion a war of swords; and
not a war of words only. I will acknowledge that I
would like to have the thing uniform, St. Cinnatus,
with the rest. So that if it could be brought about
without controversy, it would contribute to the unity
of designation. But controversy, is, above all things
to be avoided. And nothing is more apt to engender,
controversy, than small matters. Because, small
things are more easily lost than great. Or; because
it vexes a man more, to find his adversary boggle at
a trifling matter of orthodoxy when he has swallowed
the great articles of credence, than to have to pull
him up, a cables length, to some broad notion, that
separates opinion, and belief. To apply it to the matter
of the spelling; qui heret in litera, heret in cortice.
That is, to give it in English, it may depend
upon a single letter how to draw the cork. All consideration
therefore ought to be sacrificed to good
humour, and conviviality, and I would rather let the

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heathen name remain, than christian it at the expence
of harmony, and concord. But to return from this
digression, to the St. Tammany Society, of which I was
speaking, and which had some time ago convened.

It was a new thing to the Captain, to take a seat
in the wigwam, and to smoke the calumet of peace.
But he was disappointed in his expectations, of seeing
Indian manners, and customs introduced, and made
a part of the ceremony. There was some talk of
brightening the chain, and burying the hatchet; but he
saw no war-dance. What is more, even the young
warriors were destitute of the Indian dress. There
was not a moccasin to be seen on the foot of any of
them; not a breech-clout; nor had they even the
natural; or rather, native brands and marks, of a true
born Indian. No ear cut in ringlets; no broach in
the nose; or tatooing on the breast. All was as
smooth, and undisfigured, as the anglo Americans
that inhabit our towns, and villages.

The Grand Sachem, made a speech to the Captain,
not in Indian; but in German; which answered
the end as well; for he did not understand it. But
it was interpreted, and related to the proposition
of making him a Chief, which he declined, professing
that it was more his wish to remain a common Indian,
than to be made even a half-king,[1] not having
it in view to remain much in the nation; or attend
the council fires a great deal. He contented himself
with puting some queries, relative to the History of

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St. Tammany; of what nation he was? Did he belong
to the North, or the South? The East, or the West?
On what waters did he make his camp? How many
moons ago, did he live? Where did he hunt? Who
converted him; or whom did he convert? Why take
an Indian for the tutelary saint of the whites? Why
not Columbus; or Cabot? Where did this saintship
originate?

To these queries, the Chiefs could give no answer;
nor is it of much moment whether they could
or not. Some of them are not worth answering.

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Among the Romans, there was a kind creature,
of the name of Appolo, who stood by people, and
when they were doing wrong, would give them a
twitch of the ear, to bid them stop.

Aurum velluit.

I cannot say, that I felt just such a twitch while
I was writing the last Chapter; unless figuratively;
meaning some little twitch of the mind, recollecting,
and reflecting, that it might possibly give offence to
public bodies, and Societies, especially, the St. Tammany;
and Cincinnati; though none was intended.
But it is impossible to anticipate in all cases, the sensations
of others. Things will give offence, that
were meant to inform, and assist; or to please and
divert. In the case of public bodies especially, no
man knows, what may make an unfavourable impression.
It is necessary; or, unavoidable as it might
be translated; “that offences come; but woe to him
by whom they come
.” One would think that, in a free
country, there might be some little more moderation
with regard to what is done, and said. It is a maxim
in law, that words are to be construed, “mitiore
sensu;” or, in the milder sense. It is a Scriptural
definition of charity, “that it is not easily provoked.”
Whereas, on the contrary an uncharitable

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disposition, is ready to misconstrue, and convert to an offence.
A town, a society, a public body, of any kind might
be presumed to bear more than an individual, because,
the offence being divided amongst a greater
number; it can be but a little, that will be at the
expense of any one person. If therefore, any son of
St. Tammany, or St. Cinnatus, should feel himself
hurt, by our lucubration, let him consider that it is
better to laugh than be angry; and he will save himself,
if he begins to laugh first. Though, after all,
some will say, there is nothing to laugh at; and in
this, they will be right. For at the most, it can
only be a smile. It is a characteristic of the Comedy
of Terence; that he never forces your laugh; but
to smile only. That I take to be the criterion of a
delicate and refined wit; and which was becoming
the lepos, or humour of such men, as Lelius and
Scipio, who are thought to have formed his taste,
and assisted him in his Dramatic compositions. Yet
I must confess, if I could reach it, I would like the
broad laugh; but it is difficult to effect this, and, not,
at the same time, fall into buffoonery, and low humour.
Laughing is certainly favourable to the lungs;
and happy the man, whose imagination leads him to
risible sensations, rather than to melancholy.

All work, and no play, makes Jack a dull boy. But
I have no idea of laughing, any more than of playing,
without having performed the necessary task of duty,
or labour. An idle laughing fool, is contemptible and
odious; and laughing too much is an extreme, which
the wise will avoid. Take care not to laugh, when
there is nothing to laugh at. I can always know a mans

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sense, by his song, his story, or his laugh. I will not
say his temper; or principles; but certainly his
share of understanding. The truth is, this composition
has more for its object than merely to amuse
though that is an object. But I doubt whether we
shall receive credit for our good intentions. For
truth lies in a well; and unless there is some one to
draw the bucket, there is no geting it up.

We have been often asked for a key to this work.
Every man of sense has the key in his own pocket.
His own feelings; his own experience is the key.
It is astonishing, with what avidity, we look for the
application of satire which is general, and never had
a prototype. But the fact is, that, in this work, the
picture is taken from human nature, generally, and
has no individual in view. It was never meant as a
satire upon men; but upon things. An easy way,
to slur sentiments, under the guise of allegory; which
could not otherwise make their way to the ears of the
curious. Can any man, suppose, upon reflection, that
if ridicule was intended upon real persons, it would
be conveyed in so bungling a manner that people
would be at a loss to know, who was meant? That
is not the way, we fix our fools caps.

Let any man put it to himself, and say, would he
wish to be of those that give pain by personal allusion,
and abuse. Self-love, for a moment may relish
the stricture; but could never endure to be thought
the authour. In attacking reputation, there are two
things to be considered, the manner, and the object.
When the object is praise-worthy, there is an openness,
a frankness, snd manliness of manner, which

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commands respect. But even where the object is a
public good, the manner may excite contempt. Let
our editors of news-papers, look to this, those of them
who wish to be considered gentlemen; such as have
no character to lose, and never wish to have any,
may take all liberties, and occupy their own grade.

But as we were saying, public bodies, and societies
of men, ought not to take offence easily; nor resent
violently. “As they are strong, be merciful.”
A single person is not on a footing with a great number.
He cannot withstand the whole, if they should
take offence without reason; and he may be consciously
scrupulous of fighting; or may be afraid to
fight; which will answer the end just as well; or
he may have the good sense and fortitude, to declare
off; which by the bye requires more courage,
than the bulk of men possess. It requires a courage
above all false opinion; and the custom will never
be put out of countenance, until some brave men
set the example. There is nothing that a wise man
need fear, but dishonour, founded on the charge of a
want of virtue;
on that which all men, of all places,
and of all times, will acknowledge to be disreputable
.
Under this head, will not be found the refusal of a
challenge. Nothing can be great, the contempt of
which, is great
. Is it not great to despise prejudice,
and false opinion? “He that ruleth his spirit, is
greater than he that taketh a city:” but, he that is
above the false sentiments of others, presents to me
the image of a superior power, that ascends through
the vapours, of the atmosphere and dissipates the
fog. The world is indebted to the man that refuses

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a challenge; but who can owe any thing to him that
accepts it; for he sanctions an unjust law?
Doubtless,
the accepting of a challenge, is pardonable as a
weakness;
but still it is a weakness. The man is a
hero, who can withstand unjust opinion. It requires
more courage, than to fight duels. To sustain life,
under certain circumstances, calls for more resolution
than to commit suicide. Yet suicide is not reputable.
Brutus in the schools condemned it; but
at Philippi, adopted it. Because his courage failed
him.

But cudgelling follows the refusal of a challenge.
Not if there is instant notice given to a peace officer.
But posting follows. Notice of that may be given also,
and a court, and jury brought to criticize upon the
libel.

Why is it, that a public body, is more apt to
take offence, than an individual? Because, every one
becomes of consequence in proportion, as he is careful
of the honour of the whole
. It is oftentimes, a mere
matter of accident, whether the thing is well, or ill
taken. If one should happen to call out, that it is an
insult
, another is unwilling to question it, lest he
should be suspected of incivism, and lose his standing
in Society in general; or, in that to which he
more particulary belongs. The misconception of one
forces itself upon another; and misconstruction prevails.
That which was the strongest proof of confidence
in the integrity, and justice of the body, is viewed
as distrust; and a concern for their honour, considered
a reproach. The most respectful language
termed insolence. Implicit submission attributed to

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disrespect. Self-denial overlooked, and wantoness of
insult
substituted in its place. This, all the offspring
of mistake; which it is the duty of the individual to
remove
. But how can he speak if his head is off,
before he knows, that the offence is taken?
Protesting
therefore that I mean no offence to either of these
Societies, or the individual members, in any thing I
have said; I request them to take it in good part;
or, if there should seem to be ground of affront, they
will give me a hearing, and an opportunity to explain.

There is no anticipating absolutely, and to all extent,
what a person might say for himself if he was
heard. That presumption which had existed might
be removed. His motives might appear laudable;
or at the worst, originating in a pardonable weakness.
Whether or not, the credit of the tribunal with
the world, might render it expedient to observe
these appearances. They did it in France under the
revolutionary government; and even the Emperor,
seems to consider it as indispensible. If therefore any
thing in these Chapters should unfortunately give
umbrage to the sons of St. Tammany, or to the Cincinnati
members, I pray a citation, and demand a
hearing
. I trust I shall be able to convince them
that I am not deficient in respect for them individually,
or as public bodies.

n1

[1] A half-king, means double king, or king of two
nations, who have him split between them
.

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The Captain walking by himself, could not avoid
reflecting on the nature of government; a union of
souls, and corporal force. It makes all the difference
that we see between the savage, and civilized life.
The plough, the pully, the anchor, and the potters
wheel, are the offspring of government; the loom,
the anvil, and the press. But how difficult to link
man with man; how difficult to preserve a free government!
The easient thing in the world, says the
clown, if the sage will only let it alone. It is the philosopher
that ruins all.

There is some foundation for this. A mere philosopher
is but a fool, in matters of business. Even
in speculation, be sometimes, imagines nonsense.
Sir Thomas More's Utopia has become proverbial;
Harrington's Oceana has become a model for no government.
Lock's Project was tried in South Carolina.
It was found wanting. Imagination, and experiment
are distinct things. There is such a thing
as practical sense. Do we not see instances of this
every day? Men who can talk freely, but do nothing.
They fail in every thing they attempt. There is too
much vision mixed with the fact. Want of information
of what has been; the not examining the fitness
and congruity of things, leads to this. You see
a tradesman framing a machine. A chip less, or
more spoils the joint.

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Where is the best account to be found of the Roman
commonwealth? In Polibyus. In what did its
excellence consist? In its balances. What invented
these? The exigencies of the case. Some were
adopted in the first instance; others as remedies to
the mischiefs that occured. Were the sages of any
use here? A little. Salust says; “considering the
history of the Roman people, that the Galls, were
before them in bravery, and the Greeks in eloquence;”
yet Rome, has become the mistress of the world;
I have found that it has been owing to a few great
men that happened to arise in it. Were these
men demagogues? Not in a bad sense of the word.
They did not deceive the people for their own ends.
How do demagogues deceive people? How do you
catch a nag? You hold a bridle, in your left hand,
behind your back; and a hat in your right, as if
there were something in it, and cry cope. What do
demagogues want by deceiving the people? To ride
them. What do they pretend they have in the hat?
oats, salt; any thing they find a horse likes.

How do you distinguish the demagogue from the
patriot? The demagogue flatters the clown, and finds
fault with the sage. The patriot, and the sage, unless
you mean the vain philosopher, mean the same
thing. The Jewish prophets were all of them sages.
They were seers, or men that saw far into things.
You will find they were no slouches at blaming the
people. “My people Israel is destroyed for lack of
knowledge.” “I am wounded in the house of my
friends.” This may be said of liberty, when republicans
give it a stab
. The lamentations of Jeremiah

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are but the weepings of a patriot over the errors of
the people. Yet the people are always right, say the
demagogues. I doubt that. Tom fool, may laugh
at the expression, “save the people from themselves.”
Nevertheless, there is something in it. It
is a Scripture phrase, “go not with a multitude to
do evil;” which would seem to imply that the multitude
will sometimes do wrong.

Do the multitude invent arts? Or some individuals
among them? It is sometimes a matter of accident.
Sometimes a matter of genius. But it is
but one out of a thousand that happens to hit upon
it; or that has the invention to contrive. But government
is an easy matter; and has no wheels like a
watch
. What is it that enables one man to see farther
into things than another in matters of government?
What is it that makes him a seer? Thinking,
looking, examining. Does it come by inspiration?
More by experience. What are the wheels
in our government that are like to go first? The
Judiciary, the Senate, the Governor
. Is this the order
in which they will go? Precisely. Does any man
mean it? Not at all. How can it then happen? In
the natural progress of things. Will one house become
a tyrant? It will come to be the few; and the
few were always tyrants. Will it be but a few in
the house, that will govern? It will come to one at
last. It will take fifty years to bring it to this. I
do not say that it will be a hop, step, and jump; or
a running leap, all at once.

But we have the press here. Suppose a leading
print in the hands of a patriot. He will keep all

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right. Yes, provided he is a sage at the same time.
That is, that his information on the nature of government,
is equal to his patriotism; or that his passion
does not betray him into error; the journal of L.
Ami du peuple by Marat, was patriotic; but it ruined
the republic. An uninformed inflammatory print,
is a corruptress of public opinion. It is the torch
that sets Troy on fire. There is no Marat, amongst
us, at the head of a Journal; but there may come to
be. It is a difficult thing to trim the state vessel.
The altering the stowage will put out of trim. The
Hancock was taken, by altering the stowage. It destroyed
the trim. Yet trimmers are unfavourably
spoken of. That is, I presume, halting between two
opinions. “Why halt ye between two opinions?”
But preservers of the balance are not trimmers in
this sense of the word.

But how is it that the people can do wrong, when
they mean well? An uninformed spirit of reform may
prevail. How can passion prevail? The axletree is
heated, by the nave, and the hob is set on fire. The
nave heats itself by its own motion; and fire is
communicated to the whole carriage.

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This was the day of the fair held twice a year in
the village. The people had come in and erected
booths. The Captain took a walk to see the fair,
and on the first stall he saw boxes. What are these,
said the Captain? Cases for lawyers, said the Chapman.
What will the lawyers do with these, said the
Captain? Put them on their back-sides, said the
Chapman. That will make them look like soldiers,
with cartouch boxes, said the Captain. No matter
for that, said the Chapman. A lawyer can no more
move without cases, than a snail without a shell.
They must have authorities.

They have too many sometimes, said the Captain,
as I have heard the blind lawyer say; but your
cases, or cartouch boxes, I presume, are meant as
a burlesque. Not altogether, so, said the Chapman;
but a little bordering on it. These boxes might answer
the purpose, of carrying cases, to the court;
But an honest man might put them to a better use:
so I say no more, but sell my wares to the customer.

At the next stall was Tom the Tinker, with old
kettles mended, and new ones for sale. Ay, Tom,
said the Captain, this is better than resisting laws;[2]
even the excise law.

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I have found out a better way than resisting laws,
now, said the Tinker.

What is that, said the Captain?

Abolish the courts, and demolish the judges, and
the laws will go of themselves.

Ah! Tom, said the Captain, leave the public
functionaries, to the public bodies; you have nothing
to do with them.

But I should have something to do with them,
said the Tinker, if I had a voice in a public body.

But you have not a voice, said the Captain.

But I may have, said the Tinker.

I would rather hear your voice in your shop,
said the Captain; and the sound of your hammer,
on a coffee pot, or a tea kettle. You can patch a
brass candle-stick, better than the state, yet, I take
it, Tom.

Or solder spoons either, said Tom; but every
thing must have a beginning
.

At the next stall was a hard-ware man; In
the next, a Potter with his jugs. Anacharsis,
according to Diogenes Lacrtius, invented the anchor,
and the Potters wheel; he was a more useful man
than him that invented fire-arms; though it is a question
with some, whether gunpowder has not rendered
war less sanguinary.

A Toyman had his stall next. As the Captain was
looking at his baubles, an accident happened on the
other side the way. At a short turn, a cart had overset.
It was light, and loaded with empty kegs. Nevertheless
the driver wanted help to lift it up.

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The Chapman, the Toyman, the Potter, the hard-ware
man, and Tom the Tinker were endeavouring to
assist. The Tinker and the hard-ware man, had set
their shoulders, to the cart. They hove it up; but,
by too violent a push threw it to the other side. The
Chapman, and Toyman, thought to set the matter
right, and in the adverse direction, applyed their
force, being on the other side the cart; and to do
them justice, gave a good hoist; but over-did the
matter, as much as was done before; for the cart
came back and lay prostrate in the same direction,
as at first.

The driver, in the mean time, was dissatisfied.
Gentlemen, said he, do you mean to assist, or to injure
me? It may be sport to you; but it is a loss
to me, to have my cart broke, and my kegs staved.
it is all wrong, said the Captain. Why not let the
thing stand upon the horizontal? None of your tricks
upon travellers. Let the poor man's cart have fair
play, and stand upon its own bottom.

Aye, aye, said a misanthrope; this comes of bad
doings. You must be going to the woods; and disturbing
innocent forests; cuting down young trees;
making staves, and hooping kegs. This is just the
way they make laws; to hoop people as you would
a barrel. It is right to overturn the cart, on account
of the manufacture it carries.

Ah; it is in this manner, said a moral drawing
man;
that people over-turn the state. If the vehicle
goes to the one side, it is the act of a patriot to set
it right. But unskillul persons, pass the line of gravity;
so that as much mischief arises, from too

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much force as too little. Passing the line of gravitation,
in erecting a body, is like wounding a principle
of the Constitution
. All errors of expediency may
be amended; but the violations of principle are vital,
and terminate in death. Put that fellow in a pulpit,
and he could preach, said a by-stander; do you hear
what a sermon, he makes upon a cart? He could
take a text; Nebuchadnezzar, or Zerubabel; and
lengthen out a discourse for a fortnight.

In the meantime, the Captain, was almost carried
off his feet, by a croud of people going to see
the learned pig. Has he the tongues, said Angus
Sutherland, a Scotchman? He has two, said a wag.
The Hebrew, and the Erse, I trow, said the Scotchman.
No; the squcel, and the gruntle, I ween, said
the drolling person. That is his vernacular, said
the Scotchman; but I mean his acquired languages.
I do not know that he has acquired any, said the
drolling man; but he is considerably perfected in
those that he had before.

Weel, that is something, said Angus; but he
has got a smack o' the mathematics, I suppose. A
little of Algebra, said the wag; the plus, and
minus, he understands pretty well.

The conversation, was interrupted by the vociferation
of a man, in soliquy at a distance. He appeared
to be in great agitation: clinching his fists,
and striking them against each other. An abominable,
stander, said he; I a scholar! I a learned man!
it is a falshood. See me reading! He never saw me
read. I do not know a B. from a bulls foot. But this
is the way to injure a man in his election. They

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report of me that I am a scholar! It is a malicious
fabrication. I can prove it false. It is a groundless
insinuation. What a wicked world is this in which
we live. I a scholar! I am a son of a whore, if I ever
opened a book in my life. O! The calumny; the
malice of the report. All to destroy my election.
Were you not seen carrying books, said a neighbour?

Aye, said the distressed man; two books that a
student had borrowed from a clergyman. But did I
look into them? Did any man see me open the books?
I will be sworn upon the evangelists: I will take my
Bible oath, I never looked into them. I am innocent
of letters as the child unborn. I am an illiterate man,
God be praised, and free from the sin of learning,
or any wicked art, as I hope to be saved; but here a
report is raised up, that I have dealings with books,
that I can read. O! The wickedness of this
world! Is there no protection from slander, and bad
report? God help me! Here I am, an honest republican;
a good citizen
, and yet it is reported of me,
that I read books. O! The tongues of men! Who
can stop reproach? I am ruined; I am undone;
I shall loose my election; and the good will of all
my neighbours, and the confidence of posterity. It
is a dreadful thing that all the discretion of a man,
cannot save him from evil-speaking, and defamation.

It is a strange contrast, thought the Captain, that
we admire learning in a pig; and undervalue it in a
man
. The time was, when learning would save a
man's neck; but now it endangers it. The neck
verse, is reversed. That is, the effect of it. For

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[figure description] Page 143.[end figure description]

the man that can read goes to the wall; not him
that is ignorant. But such are the revolutions of opinion.

Of all things in the world, said a speculative philosopher,
I should the least expect science in a pig;
though the swinish multitude are not without good
moral qualities; or the semblance of these, by propensitive
instinct. The herd of deer avoid, or beat
off the chaced, or wounded companion; but attack a
hog in a gang, and the bristles of all are up, to make
battle. There is an esprit de corps; or a principle
of self-preservation. They do not wait until they are
taken off one by one; but make a common cause in
the first instance. When the 21 deputies in the National
Assembly of France, were denounced, there
were, no doubt a great number that saw the injustice;
but not the consequence. They were willing that the
bolt should pass by themselves, and were silent.
But those that followed, soon felt the case to be their
own, though they did not make it at first. The hogs
have more sense, or nature is more faithful than
reason. A sailor on board a ship may not like his comrades;

but if they are charged with mutiny wrongfully,
he is interested and will see it if he is wise;
for it concerns him that they be dealt with fairly.
For injustice to them, leads to injustice to himself.
A third mate may dislike the first, or second, or the
Captain, himself, and have no objection to change
them; but the mistake, or injustice of owners towards
these, affects himself. If one goes at
this turn; another may go at the next; until all fall
to unjust accusation
. If the independence, and safety

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[figure description] Page 144.[end figure description]

of command is affected, all officers suffer, and the
service is injured. The picking off one at a time is
politic in those that assail; but fatal to those that
are assailed. Polyphemus devoured but one of the soldiers
of Ulysses in a day
. So that it does not follow,
that hog, likes hog, more than sheep, likes sheep;
or that bristle is champion for bristle; when he comes
to take his part; but
that, the law of self-preservation,
is better understood; or felt by this animal
. But as
to teaching a pig any thing like human knowledge,
though not a new thing, would seem to be of little
use. Crows were taught to speak in the time of
Augustus Cæsar; as we find from the story of the
Cobler, and his crow. The Poet Virgil talks of cattle
speaking;

—Pecudesque locutæ.

But this was a prodigy. Learning must go
somewhere, as a river that sinks in one place
rises in another. If erudition is lost with men,
it is well to find it with pigs. The extraordinaries
are always pleasing. The intermediate grades
of eloquence, from a Curran to a Parrot, are not worth
marking.

A little learning is a dangerous thing.

Drink deep, or taste not the Pierian spring.

If a man cannot be a Pollyglotist, he may as well
be a goose.

It was at a time things took this turn that Balaam's
ass spoke. There was darkness all over Europe,
for six or ten centuries; and little knowledge of
the scientific kind to be found with man, fish, fowl
or beast. A glare of light sprung up, and has

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prevailed awhile. Men of science have been in repute
in monarchies; and in some republics: or at least
science itself has had some quarter. But it is now
scouted, and run down. The mild shade of the evening,
the crepusculum approaches. A twilight, that
the weakest eye can sustain. The bats will be out
now. The owl can see as well as the cat. If there
is less light, there is more equality of vision;
which
may be for the best.

That fellow could preach too, said a by-stander;
and give him a text. What a speech he has made
upon a shoat!

But looking up, they saw a man actually preaching;
or something like it in a tavern door, with a
news-paper in his hand. It was upon the subject of
oeconomies. For now all is oeconomy. Not making;
but saving. This discourse was a lecture, on the subtraction
of aliment, and the making water go farther
by boiling it. Saving the scales of fish; and the
stem beaten out of flax; curtailing wages, and doing
less work; all things by the minimum: he would have
all Miscroscopes; no Telescopes. Minutiæ, Minutiæ,
Minutiæ; nothing great, comprehensive; or magnificent
in his projects. Themistocles knew how to
make a great state, out of a small commonwealth.
But was it by saving, or by gaining that he did it?
Was the sweep of his mind contracted; or extensive?
Had the Zar of Muscovy a great heart? Did he reduce
mountains by particles; or employ his mind
upon hen coops? These were questions, the oeconomist
answered in the affirmative. But some doubted
the orthodoxy of the doctrine; and left the congregation.

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In a public house, was heard the music of a fiddle,
and a bag-pipe. It was Duncan the quondam waiter
of the Captain who had made a match of the bag-pipe
against the violin. Play up, said Duncan to the piper;
now “the coming o' the Camrons;” now the reels o'
bogie
. Play up; I could dance amaist involuntarily;
as, I were bit by the Tarantula.

The Latin master was of the company; and encouraged
the contest, by the application of classic
phrases; such as,


Et vitula tu dignus, et hic—
—Boni quoniam cenvenimus ambo.
Tale tuum carmen, divine poeta.—

But more noise; though, perhaps less music was
heard out of doors coming down the street. A croud
of people; boys and grown persons, were following
O'Dell the revolutionist. For Ca Ira, or the Marseilles
hymn, he bawl'd out the following—



Down with the sessions, and down with the laws;
They put me in mind of the school-master's taws.
There's nothing in nature that gives such disgust,
As force and compulsion to make a man just.
Hillelu; Billelu, set me down aisy.
Hillelu; Billelu, &c.
A lawyer's a liar; old Sooty his father;
He talks all day long, a mere jack-a-blather.
His books, and his papers may all go to hell,
And makes speeches there, sings Lary O'Dell.
Hillelu, &c.
The state is a vessel, and hoop'd like a tub;
And the adze of the cooper it goes dub, a dub.

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But hooping and coopering, is fitting for fools;
Away wid all learning, and shut up the schools.
Hillelu, &c.
A horse eats the less, when you cut off his tail;
And chickens hatch faster, the thinner the shell.
A clerk in an office might do two things in one,
Hatch eggs while he sits, and writes all alone.
Hillelu, &c.

The song may be good, as to music, said the Captain;
but I do not like the sentiments; especially
the concluding couplet. It seems to me, that oeconomy
has become parsimony; the opposite extreme of prodigality;
or extravagance. The one is odious; the other
contemptible. All tax; or no tax. There is no
medium. And yet all that is excellent lies in the medium.
But no tax, and oeconomy will as certainly destroy
an administration, as all tax, and extravagance.
The meanness of starving offices; establishments; improvements,
will attach disreputation to the agents; and
operate a removal from the body politic; or the debilitation
of the body politic itself
. But in all things there
is a tendency to extremes. The popular mind does
not easily arrest itself when descending upon an inclined
plain of opinion. Popular ballads are an index
of the public mind. Hence we see that an antipathy
to laws, lawyers, and judges, is the ton at present;
and also that oeconomy is the ruling passion of the
time
. Yet in all these things, there may be an excess.
For the people are not always right. Unless in
the sense of the English law, that “The king can
do no wrong.” Doubtless whatever the people do is

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legally right; but yet not always politically right.
For do we not find from the voice of history, that
those men are thought to have deserved best of their
country, who have occasionally withstood the intemperance
of opinion. Self seekers only “are all things
to all men.” Three things are necessary to constitute
a great man. Judgment, fortitude, and self-denial.
It is a great thing to judge wisely. Perhaps
this may be said to comprehend the whole. For
judging wisely upon a large scale, will embrace
fortitude, and self-denial. Hence, in the Scripture
phrase, bad men are called fools. It is but cuting
down the fruit tree, to hark in with a popular cry
for the moment. All is gained for the present. But
there is nothing for the next year. Such a man may
get into a public body, but will not long retain his seat;
or, if he does, he loses all, in the esteem of the virtuous,
and the wise
. But I doubt whether the people
are so mad for oeconomy. It originates with those
who are conscious to themsetves that they cannot please
them by great actions; and therefore attempt it by
small
. The extreme has been that of unnecessary
expenditure; and it is popular to call out oeconomy;
which the people-pleaser gets into his mouth, and
makes it the shibboleth of just politics. But the people-pleaser
is not always the friend of the people.
Do we find him in war the best general who consults the
ardour of his troops, wholly, and fights when they cry
out for battle?
Pompey yielded to such an outcry,
and lost the field of Pharsalia. A journal was published
in France, by Marat, under the direction, or,
with the assistance of Robespiere, entitled “L' ami

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du peuple.” There could not be a more seducing
title; and yet this very journal was the foe of the
people
. I have no doubt, but that Marat meant well
to the poeple; but he had not an understanding
above the public, and judgment to correct the errors
of occasional opinion. He was of the multitude himself,
and did not overtop them by having higher
ground from whence to observe. He had not been a
sage before he became a journalist
. Hence he denounced
the Girondists the philosophers of the republic;
Condorcet, and others who had laid the foundation
of the revolution. He denounced them because
they suggested a confederate republic, such as
Montesquicu projected, and America has realized.
Marat took up with the simple, the one and indivisible;
the populace understood this, but not the complication,
and it prevailed; but the republic went
down.

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I never had a doubt with the Captain, but that
the bulk of the jacobins in France meant well; even
Marat and Robespierre considered themselves as denouncing,
and trucidating only the enemies of the
republic. What a delightful trait of virtue discovers
itself in the behaviour of Peregrine, the brother of
Robespierre, and proves that he thought his brother
innocent. “I am innocent; and my brother is as
innocent as I am
.” Doubtless they were both innocent.
Innocent of what? Why; of meaning ill.
“The time shall come, when they that kill you,
shall think they are doing God service.” Peregrine,
led the column with his drawn sword in
his hand, that entered and re-took Toulon. He threw
himself into the denounciation. This ought to be a
lesson to all republicans to have charity, for those
that differ in opinion. Tiberus, and Caius Gracchus
at Rome meant well; Agis, and Cleomines at Sparta
the same; but they attempted a reform, well, in
vision, and imagination; but beyond what was practicable
or expedient. They fell victims to the not
distinguishing the times; the advanced state of society,
which did not comport with the original simplicity
of institutions
.

Marat the journalist and Robespierre were pushed
gradually to blood; by the principle, which governed

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them, of taking it for granted that all who thought
differently upon a subject were traitors; and that a
majority of vote was the criterion of being right
. The
mountain, the bulk of the national assembly, could not
but be in their opinion, infallible. The eternal mountain
at whose foot every one was disposed to place himself;
the mountain on whose top were “thunders and lightnings,
and a thick cloud;” but not a natural mountain
of the earth, collecting refreshing showers, and
from which descended streams. It was a mountain
pregnant with subteranean fire. It burst, and exists
a volcano to this day. So much for the majority of
a public body, being always right; and so much for a
journalist meaning well, and yet destroying the republic
.
It is a truth in nature and a maxim in philosophy
“that from whence our greatest good springs,
our greatest evils arise.” A journalist of spirit is a
desideratum in a revolution. But when the new island,
or continent is thrown up from the bottom of
the ocean; and the subterranean gass dissipated, why
seek for a convulsion? But rather leave nature to renew
herself with forests, and rivers, and perennial
springs. But that activity which was useful in the
first effort, is unwilling to be checked in the further
employment; and under the idea of a progressing
reform
, turns upon the establishment which
it has produced, and intending good, does harm. The
men are denounced that mean as well as the journalist,
and perhaps understand the game better than
himself though they differ in judgment on the move.
In a revolution, every man thinks he has done all.
He knows only, or chiefly what he has done himself.

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Hence he is intolerant of the opinions of others, because
he is ignorant of the services which are a proof
of patriotism; and of the interest which is a pledge of
fidelity. Fresh hands especially, are apt to over-do
the matter, as I have seen at the building of a cabbin
in the western country. A strong man takes hold of
the end of a log, and he lifts faster than the other.
From the unskilfulness, and inequality of his exertions,
accidents happen. Prudent people do not like rash
hands. States have been best built up, by the wise as
well as the honest
.

There are men that we dislike in office. All men
approved Marius, says the historian Salust, when he
began to proscribe, now and then, a bad man; but
they did not foresee what soon happened, that he did
not stop short, but went on to proscribe the good.
It is better to bear an individual mischief than a public
inconvenience
. This is a maxim of the common
law. That is, it is better to endure an evil in a particular
case, than to violate a general principle. There
ought to be constitutional ground, and a just cause,
to remove the obnoxious. It will not do even in
Ireland to hang a man for stealing cloth, because he
is a bad weaver
.

Where parties exist in a republic, that party will
predominate eventually which pursues justice. A
democratic party, will find its only security in this.
“If these things are done in the green tree, what
shall be done in the dry.” If democracy is not just,
what shall we expect from aristocracy, where the
pride of purse, and pride of family, raises the head;
swells the port; produces the strut, and all the

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undervaluing which the few have for the many? Aristocracy
which claims by hereditary right, the honours
and emoluments of the commonwealth. Who
does not dislike the presumption of the purse
proud, and the pride of connections? And it is for
that reason that I wish my fellow democrats, “my
brethren according to the flesh,” to do right; to
shew their majesty, the nobility of their nature, by
their discrimination, and their sense of justice
. For I
am a democrat, if having no cousin, and no funds;
and only to rely on my personal services, can make me
one
. And I believe this is a pretty good pledge for
democracy in any man. Unless indeed, he should
become a tool to those that have cousins and funds;
and this he will not do if he has pride. He might
be made a despot, but this can only be by the peoples
destroying the essence of liberty, by pushing it
to licentiousness. A despot is a spectre which rises
chiefly from the marsh of licentiousness. It was the
jacobins made Bonaparte what he now is
.

n2

[2] The chief of the insurrection, in the western parts
of Pennsylvania, in the year
1794, called himself,
Tom the Tinker.

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A cavalcade was coming by, and upon enquiry
it was found to be a croud of people with a lawyer
gaged. The notch in his mouth was rather long; and
the poor man seemed to be in pain, by the extension
of his jaws. He could not speak; which was a great
privation, it being his daily employment, and the
labour of his vocation. For the people thought he
spoke too much, or at least was tedious in his
speeches, and took up the time of the court, and
juries, unnecessarily. But this was a new way of
correcting amplification in an orator. It is true that
things strike more than words, and the soldier, in a
Roman assembly, who held up the stump of his arm
lost in battle, pleaded more effectually, for his brother,
the accused, than all the powers of eloquence. But
it was a wicked thing, and intirely, a la mob, to stretch
the jaws so immeasurably. But the people will have
their way; when they get a thing into their heads;
there is no stoping them; especially on a fair day,
such as this was. It is true the thing was illegal,
and he could have his action, but they took their
chance of that. The fact is, the tediousness of lawyers,
in their harangues, is beyond bearing, and
is enough to drive the people to adjustment bills, and
any thing, to get quit of them. The opener of a
cause, must lead you into the whole transaction,

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instead of leaving it to the evidence to do it. He must
give you a view of the whole scope of his case.
This might be in a few words. But he wants to
make a speech; a strong impression at the first. He
must tell you how he means to draw up his evidence;
how to fight his men. I should not like my
adversary to know this; I would not tell the court,
lest he should hear it. What would we think of a
general who should mount the rostrum in the presence
of the enemy, and explain the order of his battle?
I love the art of managing a cause for its own sake,
and I like to see it scientifically won. The less speaking,
almost always, the better for a cause. There
is such a thing, as “darkning counsel by words without
knowledge.” Atticism is favourable to perception
in the hearer
. We do not carry wheat to be ground
before it is sifted of the chaff. Yet there may be
an error on the other side. The declination to brevity
may be too great. I am afraid to say much
on this head, lest I should be understood to undervalue
eloquence, and check it altogether. But certain
it is, that the excess is on the side of quantity,
in speaking at the bar at present. The juries feel
it, and twist, and turn themselves into all shapes to
avoid it. The courts feel it, and on many occasions,
groan for deliverance.

What necessity on a point of law to read all cases,
that have relation to the subject? To give a lecture on
the elementary principle, and adduce cases, from the
first decision to the last. It has been in vogue with
the clergy, to begin with Genesis, and end with Revelations;
to prove their doctrine as they go along, by

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an enchainment of texts; and to say the same thing
over again, in many different words. But in demonstrating
the 47th proposition of the first book of Euclid,
we do not lay down every postulate, and axiom;
nor do we go through the demonstration of
every preceding problem, on which this is built;
but we refer to such of them as enter into that which
is before us. The demonstrations of Euclid are brief;
and that constitutes their excellence. Ad eventum
festinat. Here is no detour; or winding that does not
accelerate, and force the conclusion.

In the mean time, the blind lawyer, being at hand
delivering a lecture, had heard of the tribulation of
his brother the gag'd lawyer; and for the honour of
the profession, stretching out his hands to the people,
had obtained his enlargement; and the removal
of the peg. But it was said, this would be a
warning to the advocate, to shorten his speeches
for the future. The branks which had been upon
his head; that is, the woodys which had tyed the
knob, were laid aside for another occasion.

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It was a legal proceeding, in this village, that
when any one was suspected of insanity, a commission
of lunacy issued, and an enquiry was held to ascertain
the fact. An inquisition was holden at this time
on the body of a man, and it was the right of the
defendant, when the evidence on the part of the commonwealth
was closed, to be heard in his defence.
On this occasion the accused person made use of his
privilege.

THE MADMAN'S DEFENCE.

Fellow Citizens;

It is an aukward situation in which you see me
placed, to be obliged to maintain that I am in my
right mind, and not out of my senses. For even if I
speak sense, you may attribute it to a lucid interval.
It is not a difficult matter, to fix any imputation upon
a man. It is only to follow it well up. “Line upon
line; precept upon precept; here a little and there a
little.” There is nothing but a man's own life, and
a course of conduct, that can rebut the calumny. It
is therefore in vain, to answer in gazettes, or to go
out into streets and call out falsehood. The more
pains you take to defend yourself, the more it is fixed
upon you. For the bulk of mankind are on the
side of the calumniator, and would rather have a

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thing true, than false. I believe there would be no better
way, than for a man to join in, and slander himself,
until the weight of obloquy, became so great, that
the public would revolt, and from believing all, believe
nothing. I have known this tried with success. But
how can one rebut the imputation of madness? How
disprove insanity? The highest excellence of understanding,
and madness, like the two ends of a right
line, turned to a circle, are said to come together.

Nullum magnum ingenium sine mensura dementi
æ.

Great wits to madness sure are near allied;

And this partitions do the bounds divide.

Hence you will infer that I may appear rational,
and quick of perception, and even just in judgment
for a time, and yet be of a deranged intellect. What
can I tell you, but that it is the malice of my enemies,
that have devised this reproach, in order to
binder my advancement in state affairs? It is true
there are some things in my habit, and manner that
may have given colour to the charge; singularities.
But a man of study, and abstract thought, will have
singularities. Henry Fielding's Parson Adams; and
Doctor Orkborn in Mrs. D' Arbray's Cammilla, are
examples of this. A man of books will be abstrait,
or absent in conversation, and sometimes in business.

A man of books, said the Foreman of the Jury!
a scholar! Ah! You are a scholar, are you. Ah, ha;
that is enough; we want no more. If you are not
a madman, you must be a knave, and that comes to
the same thing. Say, gentlemen, shall we find him
guilty? What say you, is he mad?

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[figure description] Page 159.[end figure description]


1. Juryman; he seems to be a little cracked.

2. He does not appear to be right in his head.

3. I cannot think him in his right mind.

4. He is beside himself, doubtless.

5. Crazy.

6. Out of his reason.

7. Deranged.

8. Insane.

9. Mad.

10. Stark mad.

11. As mad as a March hare.

12. Fit for Bedlam.
Verdict, Lunacy.

The Court to whom the inquisition was returned,
thought it a hard case, as there was no other evidence
than his own confession of being addicted to
books
, and gave leave to move in arrest of judgment;
and ordered him before themselves for examination.

You are a man of books—

A little so.

What books have you read?

History, Divinity, Belles-letters.

What is the characteristic of history?

Fiction.

Of Novels?

Truth.

Of metaphysics?

Imagination.

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Of natural philosophy?

Doubt.

What is the best lesson in moral philosophy?

To expect no gratitude.

What is the best qualification of a politician?

Honesty.

The next best?

Knowledge.

The next best?

Fortitude.

Who serves the people best?

Not always him that pleases them most.

It seems to the Court, said the Chief Justice, that
the man is not altogether mad. He appears rational
in some of his answers. We shall advise upon it.

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There has certainly been a great deal of vain
learning
in the world; and good natural sense has
been undervalued. “Too much learning may make
a man mad.” It may give him a pride and vanity
that unfits for the transaction of serious affairs. I
would rather have a sober sedate man of common
sense in public councils, than a visionary sciolist
just from the academies. But solid science is ornamental,
as well as useful in a government. Literary
acquirements may be undervalued. A man may not
be a scholar himself; but he may have a son that
may.

“The child may rue that is unborn.”

A check given to the love of letters. The offspring
of a plain farmer may be a philosopher; a lawyer
,
a judge. Let not the simplest man therefore
set light by literary studies. The bulk of our youths
are sufficiently disposed to indolence of themselves.
It requires all the incitement of honours and emoluments
to trim the midnight lamp. The rival hip of
the states ought to be in their public foundations; in
producing men of letters
. Popular distrust of them
ought not to be promoted. The coxcomb; the Macaroni
springs up in the cities: The illiterate in the
country village. Legal knowledge, and political
learning, are the stamina of the constitution. The

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[figure description] Page 162.[end figure description]

preservation of the constitution is the stability of the
state
.

Political studies ought to be the great object with
the generous youth of a republic; not for the sake of
place or profit; but for the sake of judging right, and
preserving the constitution inviolate. Plutarch's
lives is an admirable book for this purpose
. I should
like to see an edition of 10,000 volums bought up in
every state. Plutarch was a lover of virtue, and his
reflections are favourable to all that is great and good
amongst men.

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The madman being out upon bail, walked about
seemingly disconsolate; and fell in with a philanthropic
person, who endeavoured to console him.
You may think yourself fortunate, said he, that the
charge had not been that you were dead. You might
have been tumbled into a coffin, and buried before
you were aware. When a public clamour is once
raised, there is no resisting it. People will have
the thing to be so, lest there should be no news.
For the stagnation of intelligence is equal to the want
of breath. I will venture to say that in three days,
were I to undertake it, I could have it believed that
the soul had gone out of your body, and that you
were a walking mummy. It is only to insist upon
it, and spread it, and a part will be credited; at
first, and finally the whole. Thank fortune that you
are upon your feet upon the earth. You are not
the first that have been buried alive. On opening
a coffin, the corps has been found turn'd upon its
face. In a tomb it has been found out of the coffin,
and lying where it had wandered, thinking to get
out.

Good heavens! said the madman, this is enough
to turn one's brain indeed. I begin to feel my head
swimming. Is it possible that without the least foundation,
such a proposition should come to be

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believed? Believed; ay; and people would be found to
swear to it. You have no conception from how small
beginnings great things arise.

Ingrediturque solo, & caput inter nubila condit.

You have seen a wood-pecker. It is astonishing how
large a hole it makes with so small a beak. It is
owing to successive impressions
. Since common fame
has begun with you, it is well that it has taken that
turn; and made you only mad.

If that is the case, said the man of books, I ought
to be reconciled. It might have been worse.

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IT may seem strange that in the present current
of prejudice against learning, and learned men, the
school-master had not been taken up, that spoke Latin.
The fact was, the people did not know that it was
Latin. Some took it for one language, and some for
another. Thus, when he accosted persons in the
street, with his puzzling phrases to translate, either
on account of the peculiarity of the idiom, or the
elipsis of the sentence, answers were given correspondent
to the mistake. Thus;

Nil admirari—

I do not understand Spanish.

Simplex munditiis—

I never learned Welsh.

Ambiguoque vultu—

It is all Greek to me.

Lacrimæ rerum—

I do not understand Dutch.

Mea Valentiam, si quis—

I have never been among the Indians.

—Esse Sua

Parati.—

Potatoes are very good.

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As for the blind Lawyer, humanity interposed on
his behalf. There is a generosity in the public mind
that leads them to pass by the unfortunate. The
sovereign people, like other sovereigns do not make
war upon bats. His lectures were short also, and
did not cost much. The loss of money, leaves a
bite behind it worse than the sting of the wasp.
It is this that excites a prejudice against lawyers;
and yet people are, themselves, to blame. It is their
own self-love, and unwillingness to think themselves
in the wrong, that leads to law. “Every man, in
his own cause, seemeth just, but his neighbour,
cometh, and searcheth him.” Covetousness, deceives
the person.

O, si angulus ille, mihi foret—

I must have that nuke of woods, that rins out
there. It will mak, a calf-pasture.

I admit that bar oratory is carried to excess, and
there is too much of it occasionally; it is valued by
the quantity, more than the quality. But there is
a great deal of excellent speaking to be found, at the
bar. There are Stamina, though retrenchments
might be made.

—Cum luculentus flueret,
Erat quad tollere posses.

The great defect is, the making many points;
the cat that had but one way to escape, stood as good
a chance, as the fox that had a thousand. Seize the
turning point of the cause; if it can be done, and
canvass that. The stroke of the eye, or coup d' eil,
which characterizes the great general, is the being

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able to see, at once, the commanding point of the
field of engagement; to abandon out posts, and concentrate
his forces. Why need a man be taking time
to shew, in how many ways, he can kill a squirrel?
If he can take him down with a rifle ball, at once,
it is enough.

Oratory has no where a finer province than at the
bar. In a deliberative assembly, there is no such
scope. Questions of finance have nothing to do
with the heart. No man can be an orator at the bar,
that has not a burning love of justice; that is not
of perfect honour and integrity. For it is this gives
the soul of oratory. An advocate thinking merely of
the fee can be no orator. The soul must be expanded
by the love of virtue.

In a deliberative assembly, it is difficult to be
honest. Party will not suffer it. At the bar a man
may be honest. For, in a cause he is not supposed to
speak his own sentiments, but to present his side of
the argument; and with truth in his statements.
The attempting to hold what is not tenable, is a mark
of weakness. Why then a prejudice against lawyers,
who may be called the light of the country? I exclude
attornies that are mere money-gatherers; or professional
men, that screw the needy, and grind the faces
of the poor. Such there will always be. But nature
presents nothing without an allay of evil
.

As to the blind fiddler if it should be asked, why
he was not accounted mad, it was because he was
not denounced. There is a great deal in calling out
mad dog. Besides, the insignificance of the scraper,
protected him in the republic. He was so busy

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scraping, that he never meddled with politics, and this was
a great help. And as he played every tune to every
one that asked, having no predilection for Langolee,
above Etric banks, he gave no offence.

—Nunquam contra torrentem, brachia,
Direxit, sic octaginta annos vidit in aula.

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A Cattle-driver had come from the western settlements,
to exchange at the fair, stock, for salt, iron, and
women. In barter for the last article, a cow was given
for a girl. The settler went out, in the first instance
with a rifle, a hatchet, and a knapsack. Having fixed
on a spot at a spring head, the next thing was to fall
saplins and construct a hut. A small piece of ground
was then cleared of the under wood, and this formed
into a brush fence to inclose it. He returned then
to the interior of the country, and the next summer,
going out with a hoe, and a stock of provisions, on a
pack-horse, he began his cultivation. Having tamed
a buffaloe, or got a cow from Padan Aram, he had
in due time, milk in abundance. This put it into
his head to get a milk-maid; in other words a wife.
The traders in this article, usually chose those of the
less opulent, whose dress answered all the ends of
fashion without the affectation. The elbows were
bare, because the sleeves did not reach; and the
folding doors of the bosom were undrawn, because
they had been always open. There was no occasion
for flesh-coloured pantaloons; for the pantaloons were
the natural flesh itself, discovered through the rents

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of the muslin, by the waving of the wind, like a
light cloud upon a bed of air, in an April day.

When these virgins, “nothing loath,” had been
conducted to the bowers mantled with the natural
vine, an offspring arose in a few years, such as that
from whence the Poets have drawn their best fictions.
You will have no occasion to read Ovids Metamorphosis,
to have an image of Daphne, or Proserpine; Diana
and her nymphs; the Dryads, Hamadryads, or other
personages. Just cross over into these new forests
and there you have them in reality: Maids bathing
their snowy limbs in transparent streams; climbing
the mountain top, collecting flowers, or gathering the
berries of the wood. Nature is here in her bloom;
no decay or decrepitude. All fragrancy, health, and
vivacity.

The stripling of these woods, is distinguished from
the city Beau; but it will not become me to say who
has the advantage: whether the attitude of the presented
rifle; or that of the segar in the teeth, is the
most manly? Which looks best, the hunting shirt
open at the neck, or the rol of muslin that covers it,
and swells upon the chin? These are things to be canvassed
by the curious. I am of opinion however that it
is better to be clear sighted than purblind, and to be
able to see a deer in a thicket, than to have need of a
glass, before the nose to direct the steps where there
is nothing to stumble over.

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It can be no slur upon the descendant of a western
settler, that his mother was obtained in barter, with her
hair depending to her girdle; or waving in ringlets
on her shoulders; and the moisture of her eye brightened
with a tear at the emigration; when he considers,
that, in all times, and in all places, matrimony, to use
the pun of Bishop Latimer, has been, in a great degree,
a matter of money; and the consideration of the contract
not always what the lawyers call a good consideration,
that is affection; but a valuable one, wealth.
Even if the circumstance should be considered as less
honourable than a marriage settlement with forms, and
perfect equality, in the transaction; it will be forgotten
in a century or two, and it may come to be doubted
whether there was ever such a thing as barter at all.

A noise of a different kind was now heard in another
quarter. It was occasioned by a brick-bat which had
fallen from the heavens, or the top of a chimney; or been
thrown by some one, which is just as likely, and hit
the stall of an honest Frenchman who sold hair-powder.
He construed it an insult, and insisted upon knowing,
what no one could inform him of; or if they could,
was not disposed to do it; that is, whence it came?
Diable! Diable! Said he, in a rage. Si j' etois, d'
en la France. If I vere in my own contree—Le miserable
police. Dish contree has une ver bad police.

A I'en enfer,—Foutre, Foutre, Foutre!

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Parce que je suis un jacobin. I be de jacobin.
Dish ish de enrage. Vill kill all de honest republican.

Ah! Messieurs aristocrats; c' est que vous voulez
me tuer—C' est une terrible conspiration. It ish van
terrible conspiracy.

Civility to a foreigner induced the multitude to interpose,
and endeavour to pacify. But strangers are
jealous, and it was an hour before he could be persuaded
by some that spoke the language, to believe
that the thing might have been a matter of accident.
He had threatned to make a representation to the
government, and demand the interposition of the executive.

There is reason to think that he had dropped it;
as we have seen no diplomatic correspondence on the
subject.

A seller of patent medicines gave out that he had
bought them from a chymist who had invented a new
vegetable
. Discovered, you mean, said a naturalist.
No; Invented, said the patent Doctor. He made it
himself. I have some of the seeds in my pocket. Out
of what did he make it? Hydrogen; oxygen; carbonic
acid, and muriate of soda.

It is beyond my comprehension: What does the
seed look like, said the naturalist? Coriander seed;
or mustard, said the Doctor. Here is a sample of it,
giving him a grain or two.

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And it is out of this you make your drops, said the
naturalist? Certainly, said the Doctor.

And a new seed will produce new drops, said the
naturalist; and perform new cures in the world.

Undoubtedly, said the Doctor: what use could
there be in inventing it, if it did not?

I wish he would invent a new planet, said the
naturalist. That he could do readily enough, said the
Doctor; but there are more than are good already.
They shed malign influences.

Aye, quo' the Scotchman; there is such a thing as
evil stars.”

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A company of village players were acting a pantomime.
Harlequin represented a politician with the
people on his back. Incurvated and groaning, he seemed
to feel the pressure exceedingly.

I like burlesque very well, said a spectator. A man
must imagine himself Atlas, forsooth, with the Heavens
on his shoulders!
The people would walk on their
feet if he would let them alone. What matters it, if
by attempting to sustain them, he gets his rump
broke?

That is all the thanks a patriot ever got, said a
wise man.

Are not the people strong enough of themselves,
said the spectator?

Strength of mind is improveable, said the wise
man. Hence strength of mind differs more than
strength of body. The aggregate of mind is one
thing and a distinguished mind another. It is not so
absurd, to suppose that one mind, in a particular case,
may excel another. The social compact is a noble
study. He who has devoted himself greatly to it,
may be supposed to have made some progress. Why

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should he not have credit for his good intentions?
Why make him the object of a public exhibition, because
he thinks himself the support of the community?
Public spirit ought to be supported, and hints
well meant, well taken. It is but an innocent hypocondriasis
for a man to apprehend that he is doing
good, by his lucubrations. That he is a pillar of the
commonwealth.

See how he grins, and balances, said the spectator,
speaking of the Harlequin, because the people, in
his opinion, are too much to the one side
.

It is an easy thing to turn even virtue into ridicule,
said the wise man. But selfishness was never
an amiable quality. And can there be a nobler effort
of benevolence than to seek the public good? If one
individual misses it; another hits; and the principle
is salutary. It is not him that sails with the wind of
popular opinion that always consults the interest of the
populace. At the same time, I am for keeping up the
spirit of the people. It is the atmosphere of liberty
. And
though this atmosphere is the region of lightning and
engenders storms, yet in it we breathe, and have our being
.
But I speak of the Angel that guides the hurricane;
the good man of more temperate counsels; and
who, from age, experience, or extent of thought, sees
the consequence of things, and applies the prudence
of restraint to the common mind in the violence of its
emotions.

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Why shall we censure such a man should he indulge
the ambition of restraining the people; or rather
of supporting them by counseling moderation.
He is sometimes the best friend that reproves. A flatterer
never was a friend. The caracatura of a man
having the people on his back, is an aristocratic fetch
to discourage a love for the people, and a disposition
to promote their real interest. This Harlequin is set
on by the enemies of the people, and with a view to
disparage republican exertions.

The spectator was silent.

While the Harlequin was acting the oppressed politician
as the pantomime was called, a pedlar had
thrown himself into nearly a similar position; and
though it may seem strange, an accidental conjunction
of attitude. He had got his stall on his back; and
gave out that he had taken an oath, not to set it down,
until the people at the fair, had bought off all his
goods. He was on his hands, and feet, and bellowing
like the bull of Phalaris, affecting to be overcome,
with the load of his pack. The people, out of humanity;
credulous to his distress, came from every quarter
to hear his complaint, and ease him of his goods.
A partner was handing out the merchandize, and disposing
to the customer, as fast as he could come at the
articles. The back-bent man, in the mean time, in
his inclined posture, was gathering up the dollars,
thrown upon the ground, and puting them into his hat;

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not omiting, the groans necessary to attract a continuance
of commiseration.

Christian people, said he, ease me of my wares, or
I shall have to break my back, or to break my oath.

You had better break your oath than your back,
said a man passing by; I have no money to throw away
upon a rogue.

A rogue! Said the burthened man. If I were a
rogue I could break my oath; but it is conscience keeps
me here. I cannot break my oath; and my back must
be broke. Help good people help; buy my wares,
and ease me of my load.

You son of a whore, said a rude man, cannot you
stand up, and your pack will fall off?

Ay but it is my oath, said the Pedlar, that keeps
it on, until all my goods be bought.

It ish a tam sheat, said an honest German; he
ish a liar and a rogue. His back ish not broke more
ash mine. His pack ish light ash a feather; wid shilks,
and sich tings, dat weigh noting. He ish a tam sheat
and a rogue.

I am muckle o' your way o' thinking, said Donald
Bain, the weaver; it is a' a stratagem, to get his
hand in folks pockets, and wile awa' the penny.
The deel an aith has he ta'en. It is a' a forgery.

It ish a devlish contrivance, said the German.

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It is all de love of de monish, said a Jew. His
conscience is monish; I go anoder way to de exchange
dish morning.

Nevertheless credulity prevailed; and some continued
to purchase.

If at the hundreth edition of this work, a century
or two hence, it should be published with cuts, like
Don Quixotte, and other books of an entertaining cast;
the figure of the Pedlar and his pack may afford a
good drawing; and the Harlequin, at the same time,
with the people on his back.

The moral of the distressed politician is obvious to
every one. It is natural for us to suppose that the
world cannot do without us. O what will they do
when we are gone, is the language of almost every
man's heart in some way or other. I will venture to
say there are chimney sweepers, who think that all
will go to pot, when they drop off. Yet the world
goes on its gudgeons, and all things that are therein
revolve just as before!

What will we do for a general, said one to me,
when Fayette deserted to Sedan.

What? when Dumourier went off, said another?

He may be yet in the ranks said I, who will terminate
the revolution
. It came nearly to pass; for the
Corsican was at that time but in the low grade of
what we call a subaltern

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I have reflected with myself whence it is that men
of slow minds, and moderate capacities, and with less
zeal and perhaps less principle, execute offices, and
sustain functions with less exception, than others of
more vigour and exertion; and I find it owing to a
single secret; laissez nous faire; “let us be doing:”
that is, let subordinates, do a great deal themselves. “He
is right;” it is well; and if it is wrong, self-love saves the
error: men had rather be suffered to be wrong, than
to be set right against their wills. What errors of
stupidity have I seen in life, in the small compass of
my experience, and the sphere of my information;
and these errors the object of indulgence, because
there was nothing said or done to wound the pride of
the employer. This is a lesson to human pride and
vanity. It is a lesson of prudence to the impetuous.
The sun lets every planet take its course; and so
did General Washington. That was the happy faculty
that made him popular.

His fort was, in some degree, the laissez nous
faire; “The not doing too much.”

Yet the lovers of an art, may be excused in being
hurt when they see the artist err. The lovers of the
public may deserve praise who wish to set the world
right and do a little towards it. It is the error of vigorous
minds, to say the least of it; and oftentimes,
the excess of virtue.

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Sometimes, it is an instinctive impulse of spirit
that cannot be resisted
. Alcibiades superseded in the
command of the Athenian army, but remaining in the
neighbourhood could not avoid pointing out to the generals
who succeeded him and who were his enemies,
the errors they were about to commit, and which advice,
neglecting, they were overthrown with their forces,
by the Lacedemonians under the conduct of Lysander,
and disgraced. Moreau though superseded
by the directory, and serving only as a volunteer, stepped
forward to an unauthorized command, and saved
the army on the defeat, and death of Jubert.

The critic will say, what use can there be in such
representations? We do not write altogether for
grave, or even grown men; our book is not for a day
only. We mean it for the coming generation, as
well as the present; and intending solid observations,
we interlard pleasantry to make the boys read.

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In my observations on the licence of the press in
the early pages of this book, it may be seen that I
have had in view personal, and not political stricture.
The difference of these I cannot so well express as in
the words of the greatest orator in the knowledge of
history, Curran of Ireland. I quote him to give myself
an opportunity of saying how much I admire him.
It is on Finerty's trial for a libel, that the following
correct sentiments are beautifully expressed.

“Having stated to you gentlemen, the great and
exclusive extent of your jurisdiction, I shall beg leave
to suggest to you a distinction that will strike you at
first sight; and that is the distinction between public
animadversions upon the character of private individuals,
and those which are written upon measures of
government, and the persons who conduct them;
the former may be called personal, and the latter political
publications. No two things can be more different
in their nature, nor, in the point of view in
which they are to be looked on by a jury. The criminality
of a merely personal libel, consists in this,

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that it tends to a breach of the peace; it tends to all
the vindictive paroxisms of exasperated vanity; or to
the deeper and more deadly vengeance of irritated
pride.—The truth is, few men see at once that
they cannot be hurt so much as they think by the mere
battery of a news-paper. They do not reflect, that
every character has a natural station, from which it
cannot be effectually degraded, and beyond which it
cannot be raised by the bawlings of a news-hawker.
If it is wantonly aspersed, it is but for a season, and
that a short one, WHEN IT EMERGES LIKE THE
MOON FROM BEHIND A PASSING CLOUD
TO ITS ORIGINAL BRIGHTNESS. It is right
however, that the law and that you, should hold the
strictest hand over this kind of public animadversion
that forces humility and innocence from their retreat
into the glare of public view.—That wounds and sacrifies;
that destroys the cordiality and peace of domestic
life; and, that, without eradicating a single
vice, or a single folly, plants a thousand thorns in the
human heart.”

It will not give universal satisfaction to have introduced
the name of Porcupine, or Calender. For
though no man can respect these characters; yet,
consciousness of having once favoured them from
other motives, will touch the self-love of some, as it
will be said the one is dead; and the other run away;

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and it was not worth while, or perhaps liberal, to
make use of their names even in a dramatic way; or
as a character in a fable. As to Porcupine, it was
said at the time, that though occasionally coarse in
his language, and gross in his reflections, yet such a
spirit and stile of writing, was necessary to counteract
the excess of democratic principles; that in fact, it
did good. I doubt upon that head; or rather to the
best of my judgment, it did harm to the cause which
it was thought to serve. Indignation is insensibly
tranfered from the advocate to the cause.

It has been said, in the British Parliament, that
“He deserved a statue of gold for the services rendered
here.” This is a great mistake. He did injury
to the character of British manners and liberality.
It produced something like a personal resentment
against the whole nation whence such a writer came.
An intemperate partizan in public or in private life,
can never serve any cause.

But it was not with a view to pourtray this spectre
of scurrility that the name is introduced; but because
it suited to the counterpart, Pole-Cat. I had thought
of Peter Panther; but Porcupine, could be drawn
from real life, and was at hand.

I will not say, that before Porcupine came and
since, there has not been a portion of scurrility in
some gazettes, unworthy of the press. There has
been too much; but I believe the example and the

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fate of this monster, and his successor Calender, has
greatly contributed to reform the abuse. It is a check
upon an editor, to be threatened, not with a prosecution;
but to be called, a Porcupine; or a Calender.

It will be natural for a reader to apply in his own
mind, the history of the Village and its agitations, to
the State where we live; and it will be asked, what
ground is there for the idea, that here we talk of pulling
down Churches; or burning Colleges. There is
no ground so far as respects Churches; but it is introduced
by way of illustration. What if any one
should say, Let us have no books, and no doctrines,
but the Ten Commandments, the Lords Prayer, and
the Apostles Creed? Give us the gospel in a narrow
compass, and have no more preaching about it. This
would be no more than is said of the law; Why cannot
we have it in a pocket-book, and let every man be
his own lawyer? Our Acts of Assembly fill several
Folio Volumes; and yet these are not the one thousandth
part of our Law. Why not, at least, put the
Acts of Assembly in a nut shell? Ask our Legislators.
What else law have we but the acts of the legistive
body? The law of nations forms a part of the
municipal law of this state. This law is of great extent,
and to be collected from many books. The common
law, before the revolution, made a part of our

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[figure description] Page 185.[end figure description]

law; and by an act of our legislature of the 28th January,
1777, it is recognized and established to be a
part of our law, and “such of the statute laws of England
as have heretofore been in force
.” This law must
be collected from commentaries, and decisions. It is
of an immense extent. Because the relations of men,
and the contracts of parties, are of an infinite variety.
But how is Turkey governed? Do the Muffti require
such a multiplicity of rules? No, nor the Cadi
in Persia; because “having no law, they are a law
unto themselves.” There is no jury there. It must
be a profession, a business of study to understand our
law: we cannot therefore burn the books of law, or
court-houses, any more than we can dispense with
sermons, and commentaries on the Bible; or pull
down religious edifices.

I will not say, that people talk of burning colleges;
but they do not talk much of building them
up. The constitution provides, Art. 7. “That the
legislature shall, as soon as conveniently may be, provide
by law for the establishment of schools throughout
the state, in such manner that the poor may be
taught gratis.”

Sec. 11. “The arts and sciences shall be promoted
in one or more seminaries of learning.” We do
not hear of much exertion on this head; either in
the legislative body, or out of doors. But what is
more exceptionable; or at least unfortunate, in the

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[figure description] Page 186.[end figure description]

opinion of literary men, and perhaps in the opinion of
some that have the misfortune not to be learned, is
that learning does not seem to be in repute universally.
The surest means in some places, as is said,
to make your way to a public function, is to declaim
against learning. It would be a libel on the body politic,
if a state could be the subject of a libel, to say,
or to insinuate that this is general. But it is heard
in some places
. I do not know that it is carried so far
that a candidate for an office will affect not to be able
to write, but make his mark; but it is not far from it;
for he will take care to have it known, that he is no
scholar; that he has had no dealings with the devil
in this way; that he has kept himself all his life,
thank God, free from the black art of letters; that
he has nothing but the plain light of nature to go by,
and therefore cannot be a rogue; that as for learned
men that have sold themselves to the devil, they may
go to their purchaser; he will have nothing to do with
Old Nick or his agents. This is not just the language
used; but it is the spirit of it. It may be a caracatura,
as we distort features to mark deformity more deformed.
But the picture is not without some original
of this drawing. To speak figuratively, as we say of
fevers, it may be in low grounds, and about marshes
that we have the indisposition; that is, in secluded
parts of the country
. But so it is that it does exist.

It is true, the savages of our frontier country, and
elsewhere dispense with the use of letters; and at a

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treaty, Canajohalas, and other Chiefs make their marks.
They are able counsellors, and bloody warriors, notwithstanding.
The Little Turtle defeated General
St. Clair, who is a man of genius, and literary education;
and yet the Little Turtle can neither read nor
write, any more than a wild Turkey; or a water
Tarapin. But let it be considered, that the deliberations
of the council-house, at the Miami Towns, embrace
but simple objects; and a man may throw a
tomhawk, that holds a pen, but very aukwardly. So
that there is nothing to be infered from this, candidly
speaking. I grant that Charlemagne, made his mark,
by diping his hand in ink, and placing it upon the
parchment. It was his hand, no doubt; but it must
have taken up a large portion of the vellum; and
it would have saved expence, if he could have signed
himself, in a smaller character. But what may pass,
in an illiterate age, with an emperor, will not be so
well received in a more enlightened period, and in
the case of a common person.

It is not the want of learning that I consider as a
defect; but the contempt of it. A man of strong mind
may do without it;
but he ought not to undervalue the
assistance of it, in those who have but moderate parts
to depend upon. It is a bad lesson to young people;
who had better take a lesson from their books. At
any rate, it is good to have the thing mixed; here a
scholar and there an illiterate person; that the honesty
of the one may correct the craft of the other.

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[figure description] Page 188.[end figure description]

How comes it that a lawyer in this state seems to
be considered as a limb of Satan? There is a great
prejudice against them. It would seem to me that
it is carried to an extreme. An advertisement appeared
some years ago in a Philadelphia news-paper
of a Ship just arived with indented servants; Tradesmen
of all descriptions; Carpenters, Joiners, and Sawyers.
The error of the press had made it Lawyers.
It gave a general alarm; for the people thought, we
had enough of them in this country already.

But if we have Lawyers at all; it is certainly an
advantage to have them well educated. Were it for
nothing else but the credit of the thing, I should like
to see an enlightened, and liberal bar in a country. It
is thought that learning makes them make long
speeches. If that should be made appear; I bar learning;
for I like brevity: with Shakespeare, I think it
“the soul of wit.”

I attribute the making long speeches, to the taking
long notes. When every thing is taken down, every
thing must be answered, though it is not worth the
answering. This draws replies long into the night;
and we labour under the disadvantage of not having
wool-sacks to sleep upon as they have in England,
while the council are fatigueing themselves; or at
least the juries.

The prejudice against lawyers stands upon the
ground with the prejudice against learning. The ma

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[figure description] Page 189.[end figure description]

jority are not lawyers, or learned men. A justice of
the peace is a deadly foe to a lawyer; for what the
one looses, the other gets. The chancery jurisdiction
of a justice is hewn out of the jurisdiction of the
courts of law, and abridges the province of the lawyer.
It is well if it does not edge out the trial by
jury. How? This mode of trial is retained by the
courts of law. But who are at the bottom of this hostility
to the courts of law. I will not say the holy
army
of justices; though some may break a spear
at it. I believe there are of them, that think their
jurisdiction is sufficiently increased: but there are
others who would not object to a little more
.

In China there are no courts of law or lawyers;
all justices of the peace. They call them Mandarins.
In capital cases, there is an appeal to the emperor.
There is no jury trial there

A limb of the law, is a good name for a lawyer;
for we say a limb of Satan; and a lawyer in a free
country
is the next thing to it: a thorn in the flesh to
buffet the people. There is freedom enough in the
constitution; why need we be afraid of aristocracy in
practice? Every man is brought up to the bull-ring
in a court of law, be he rich or poor; but the scheriff,
in Arabia, who is a justice of the peace, not like our
sheriff here, though it is spelt the same nearly, can
summons no jury; at least he takes care not to do it.
But the governments of those countries, are arbitrary,

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not free. It is an astonishing thing to me, that a free
government, and the exclusion of lawyers, cannot well
be reconciled
.

How can the overthrow of a judiciary tribunal,
affect liberty? No otherwise than as it militates
against a branch of the government. Take away a
branch from a tree, and the shade is reduced. What
is a branch that is born down by the rest? But suppose
the judiciary branch goes; the legislative and
executive remain. There are two springs to the legislative
branch. Which is strongest? That of the house
of representatives
. Is there no danger of this outgrowing
the other two? There is half a sprig in the
executive. But the great sprig of the house of representatives
is “the rod of Aaron that will swallow up
the other rods.” There is a talk now of abolishing the
senate. That will be talked of, unless it becomes an
enregistering office. It is hoped that will never be.
In this I allude not to any disposition that has yet
shewn itself in the house of representatives; but to
what I have heard broached out of doors.

Despotism is not a self-born thing. It has its origin
in first causes. These not perceptible, like the
gass that produces the yellow fever. Why call out
against the fever? It is the gass that is the cause.
Whence sprung the emperor that now affects the
French?
From the mountain of the national assembly.
It is the madness of the people that makes emperors.

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They are not always aware when they are planting
serpents teeth. Reflecting men saw the emperor, in
the insurrections of Paris; in the revolutionary tribunals;
in the dominancy of the clubs; in the deportations
to Cayenne. Whether it springs from the
seed, or grows from the plant; is oviparous, or viviparous,
despotism is not of a day; it is of gradual increase.
Will not the people give him credit that can
point out to men, where a germ of it exists.

In what is hinted at, in several pages of the preceding
chapter, of hostility to laws and a disposition
to overthrow establishments, and judges, I have in
view, not the proceedings of a public body, but the
prejudices of the people. It is talk out of doors that
I respect. And this is the fountain which is to be
corrected. Representatives must yield to the prejudices
of their constituents even contrary to their own
judgment. It is therefore into this pool that I cast
my salt. It is to correct these waters that I write this
book
. I have been in the legislature myself, and I
know how a member must yield to clamours at home.
For it comes within the spirit of the principle, to obey
instructions
.

In the song which I have put into the mouth of Clonmel,
I have nothing else in view but to give a picture
of the excess of the spirit of reform. It is taken from
the life; for though not in verse, yet I have heard
similar sentiments expressed by the uninformed.

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One thing however I must correct. Speaking of
liberal and enlightened lawyers, I have said they may
be called the light of the country!! I was thinking
of the revolutionary period, when a constellation of
lawyers, rose from one end of the continent to the
other, and in public bodies, were the light of the country.
But the phrase would have been less exceptionable,
because more just, to say, lights of the country. For
the particle the, greatly alters the meaning. It is
intensive, and gives a distinction and superiority which
was not intended. The phrase is taken from the Scripture
“ye are the light of the world!” This was spoken
of the Apostles, whose successors the Clergy, the
Ministers of revelation, are doubtless the lights of the
world, and to them the phrase is particularly appropriate.
The light of the world, as we call Homer the
poet, or Aristotle the stagyrite. Or, of Coke's writings
we say “the reports.”

The talk of abolishing the courts, and the judges,
is a language which I put into the mouth of Tom the
Tinker; yet is more general than is imagined. I
am afraid it may affect ultimately the democratic interest;
to which I feel myself attached; for I aver
myself to be a democrat. No Perkin Warbeck, or
Lambert Simnel; but a genuine Plantagnet. Hence
my concern for their honour and existence, which can
alone be supported by their wisdom, and their justice.

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Judges are impeached, and violent persons will
have them broke before they are tried. But accusation
and condemnation are not the same thing. It is
not on every bill that is found by a grand jury that
there is not a defence.

There is nothing to be collected from any hints of
mine that I arraign the justice or policy of the impeachment;
much less, that I wish to see it quashed,
or withdrawn. I have it only in view to arraign preconceived
opinions, and the forestalling the public judgment.

Sublime is that tribunal that is to judge judges.
The highest judicature of the body politic. It presents
an awful, but majestic spectacle. Our senators,
in this capacity are the representatives of heaven. I
see them seated on a mount “fast by the throne of
God;” the stream of justice issuing at their right
hand; full and equal in its current; crystal in its
fountains, and giving vegetation to the groves and
gardens on its borders: The stream of injustice at
their left, bursting like a torrent of enflamed naptha,
scorching and consuming all before it.

It lies with this sublime court to give its lessons
of impartial justice to the subordinate judiciaries. I
rejoice in this power of the constitution. I shall submit
to its decisions.

I have spoken of judges being impeached; and of
the consequential contempt as too delicate to touch upon.

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The fact is, that it relates to the ground of their impeachment;
which, at the time of this present writing
August 1804 is depending before the senate of the
commonwealth. But nothing hinders to canvass the
general principle, without an application to the facts
under consideration: or rather to explain the meaning
and effect of a consequential contempt. For it is a
thing buried in obscurity by the very phrase that is
used to express it. A contempt of the court! One
would suppose that it can mean only, treating the
court with contempt. That is the meaning of what
is called the direct contempt; which is “an open insult
and resistance to the powers of the court, or the
persons of the judges who preside there.” 4 Black.
283. But there is what is called the consequential
contempt
, and which is but constructively a contempt,
and does not mean a disrespect of the court, but of
the law
. The court which administers the law, is
put by a figure for the law itself.

It is the technical term, the word contempt that
misleads. It is not the court that is despised. Nor
do they feel it as such. It is the law; it is the administration
of justice that is slighted. Common sense
can understand this. The Scripture has the idea, and
the language of the constructive contempt. “He
that despiseth you, despiseth me; and he that despiseth
me, despiseth him that sent me.” It is not the
court that is despised; but the law which they are
bound to administer. We say “against the peace

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and dignity of the commonwealth,” in an indictment;
and yet the commonwealth, that is the body of the
people, know nothing of the matter, and feel neither
peace nor dignity affected. A tall man which, in the
old language means a strong man, impels another
with his foot upon what are called the posteriors.
The commonwealth, in fact, that is the body of the
people, never hear of it, or take any heed of the consequences;
nevertheless the law pursues, and punishes
in the name of the commonwealth.

But a principal of these contempts, is an interference
with a case depending in the courts of justice
. It
is the policy of the law to provide against this, by
giving the suitor a right to call upon the court, for
a summary interference to restrain it.

But why not turn the matter over to a jury; and
let them in the first instance find a bill? I grant that
where the libel is upon the court itself, it might be
prudent, and would answer the end as well, to let the
fact come forward established in that way. But where
the cause in court is affected; where any blemish is
thrown upon that while it is depending; the right of
a third person intervenes: the right of the suitor
who calls upon the court to interfere by a summary
proceeding
. Can the court refuse in this case? “I
call upon you Messieurs Judges, for protection; for
redress; you have the power; it is the law of the land.
You are sworn to dispense the law; it is your duty.
I demand my right. My case shall be considered

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pure until it is determined otherwise by a final hearing
and decision. Will you tempt me to break the peace;
to murder this man that has attacked my interest and
my honour, by his publication, relative to the controversy
that is in law between us. If you withhold the
summary redress, which the law gives, you tempt me
to break the peace; and his blood be upon your heads.
Shall I lie by, and let the imputation rest upon my
cause, or affect the decision, and take my chance of a
circuitous prosecution, when the law gives me an immediate
protection, in the shape of supporting your
dignity? I have a right in the power which you possess;
and I call for the exercise of that power.”

This is called the power of the court; but it is
founded upon the right of the citizen. It is the duty
of the court to proceed in this way, when called upon;
because the suitor has the election of the proceeding,
by calling on the court; or by indictment for the libel.

But under an attachment, you call upon a party to
say whether he is not the author of the writing. That
is against a principle of the common law; no one is
bound to accuse himself; and by a clause of the constitution,
no one is compellable “to give evidence against
himself.” But the parts of the law must be taken together:
exceptions subject to the general rules. The
proceeding by attachment, and compelling to answer
on interrogatories put, existed under the common

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law, whose maxim it was, “no one is bound to accuse
himself.” It is a special case out of the general principle:
and there is good reason for the exception. But
whether reason, or not, the exception is as old as the
principle. For this proceeding, and such interrogation
is of immemorial usage; it is as old as the constitution
of the courts themselves. If our constitution
had meant to do away this exception, it would have
voted it in express terms; more especially as it had
been exercised by the courts before the formation of
the constitution; and by implication recognized by the
legislature itself, in the case of Oswald, taken up by
the house. But the constitution gives the courts, “the
powers usually exercised
.” This power was usually
exercised, and therefore it is given.

But there is reason for it, independent of law, and
constitution. The administration of justice requires it.
How can I fix a libel on the author? The presumption
is, that my adversary in the cause depending, is
the author of the writing that affects the merits of it.
On this presumption the law gives me a right to call
upon him. Who else can be supposed to interfere
but my adversary; or some one with his privity?
The necessity of the case justifies this exception to
the general rule. He may go on behind the scene
and prejudice the public mind against me and my
cause, and leave me to my redress afterwards. The
law will not allow this. If it is not a principle of the

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law, it ought to be a principle. But it is a principle
as old as our Saxon ancestry, from whom the trial by
jury is derived. It is coeval with the trial by jury,
and necessary to its preservation. It is a safeguard
of the trial in which the bulk of the people are especially
interested. Before they give it up let them think.
Leave it to the suitors in court, and at least one side
will always object to it; probably both. All that wish
a fair and unprejudiced decision will object to it.
They will not be satisfied with being turned round to
an indictment, and the slow process of a jury trial to
establish the fact of the libel. But they will wish
more, that the party interested, shall be purged on
his oath, as to his agency in the publication. In this
case, they have the conscience of the party to establish
the guilt. And the looking forward to him, will
lessen his hope of escaping detection. It is a great privilege
to an honest man. It is the rogue only that needs
fear it
.

But though the bare circumstance of being a party
to the suit depending may found such presumption
of being the author of the writing, as will justify the
calling on the party to answer, by a rule to shew cause
why an attachment should not issue, yet it is never
done, and perhaps ought not to be done, without an
affidavit of some fact to lay a ground for the motion.
This in the case of a third person, is absolutely necessary;
for no presumption of the nature already stated,
can exist.

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But the negative of the party to the suit depending,
or of a third person, on oath, dissolves the rule,
and there is an end of the summary interposition.
This is a privilege peculiar to this special proceeding:
and not possessed in the case of an indictment by a
grand jury. It softens the extraordinary remedy, by
suffering a man to be a witness for himself; and what
is more; taking what he says, to be the truth, and so
far as respect the attachment, incontrovertible
.

But if this power, though founded on law, and the
constitution, should be deemed contrary to the spirit
of liberty, or good policy
, a clause of a few lines, can
put an end to it: viz. “That in the case of consequential
contempts, by interference in a cause depending
,
the proceeding shall be by indictment, in the first instance;
and in no other way. It will relieve the court
from a burden, which they conceive a duty; and experience
will determine whether the alteration of the
common law in this particular be an evil or a good.

But of what use can a rogues' oath be? He is not
supposed to have a conscience. But he can look to
an indictment for perjury. But suppose he did not
know, or at least think there was a cause depending;
and that he did not mean a contempt. It is not what he
thought, or what he meant; but was there a case depending,
and what did he do?

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But at this rate you abridge the liberty of speech,
and of writing:
you make it dangerous to canvass a
general principle of law; for some suit may be depending
on which it may turn. The law goes no such
length. I am at liberty to convass a general principle.
It is a consideration of the particular case from
which I am excluded; or the application of the facts
to the law
. The legality of general warrants was
abundantly canvassed, at the time Wilkes was the
subject of one of them; and no exception taken to
the freedom of the press in this particular. The constitutionality
of the Sedition Law of the United States,
was brought into view pending indictments under it;
and no exception. I am canvassing a general principle
at present; and there are impeachments depending
where it may be brought into view. That is nothing;
for it is the facts of the case that will be ultimately
considered.

The courts may have this power, and yet may
exercise it with partiality, oppression, and tyranny.
This will render the exercise of any power impeachable.
For this the accused must put themselves upon the
country; or if clearly and palpably, a court have no
such power at all
, and yet exercise it, it is a midemeanour.
For error in judgment where there is a right to
judge, is not impeachable; but the exercise of a
power unknown to the law, even though unaccompanied
with express malice, is impeachable, and will

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subject to a reprimand, &c. according to the circumstances.
The rights of the citizen are thus secured;
and far be it from me to abridge them, even in idea,
by any reasoning I may offer.

But if the law guards against a party endeavouring
to pre-occupy the public mind, on the merits of a
cause, that may come to trial; humanity and good
policy will forbid, the raising a clamor against men
in office whose conduct may be called in question, and
depending before the highest judiciary tribunal. I
therefore object to the toast on the 4th of July last;
Chace the judges from the bench. I am sorry that it
came from the state of Pennsylvania.

This is a pun upon the word Chace; refering to
Samuel Chace of Maryland: A judge of the supreme
court of the United States, and against whom articles
of impeachment are prepared by the house of representatives.

In the month of May 1774; Having come up the
bay of Chesapeake, I landed at Annapolis. There,
for the first time I saw Samuel Chace, with papers in
his hand, haranguing the citizens. It was on the
Boston port bill.

The cause of Massachusets became popular because
it was the cause of America. But it required
sense to explain, and spirit to enforce resistence. It
was not the mild temper of Paca; nor the cool
reasoning of a Johnston. It was the ardent mind;

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the impressive vigour, the undaunted resolution of a
Chace that led a state into the war. Shall even the
excess of qualities that profited, not receive quarter,
and be gently scanned, when great objects are accomplished?
his error has been in the heat of times, if
error there has been, and shall the heat of other times,
as posterity may think, takes its turn. For the sake
of the democracy, I am not clear that the prosecution,
has been necessary, or judicious. Be that as it may,
this I know, there is a dormant body of republicans
who have seen the revolution, and do not rejoice in it.
Those who have not had a political, or perhaps a personal
existence at the period may feel it less. It is
sufficient to have said this; I leave the result to the
constituted authorities.

But be the demerit of the judges' conduct what it
may, I think the allusion to his case, in the public libation,
Chace the judges from the bench, was unjustifiable.
Great delicacy becomes brave men, and they
will not insult the accused, or triumph over the unfortunate.

In the parable of supposed offence to the St. Tammany,
or, Cincinnati Societies, I will acknowledge that
I have in view my own case with the legislature;
the only complaint against whom is that I had not a
citation to explain. I think that when I come to explain
the circumstances of my situation, and the

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motives of my conduct, which I mean to do at large in
the second volume of this second part, they will themselves
be sensible that through an over-jealousy of honour,
they took fire too hastily
. It is a maxim of Rochefaucault
that “when a wise man does not know
what to do, let him do nothing.” This maxim I
thought of at the time, and the truth is, I was greatly
at a loss what to do; but I did, what I now think, notwithstanding
all that has happened, was necessary, and
unavoidable
. But what is more, I am confident
that when the situation is explained, there will be
found few who can think otherwise.

It may be thought that I allude to my own case,
and that of the impeached judges, in several places of
this book. It is possible I may have been led to this
train of thinking, and of course writing, a good deal
from what has happened, though I mean no reflection,
or invective. But I cannot say that I have any direct
reference, where it is not expressed in terms.

But in no place have I a reference to the language,
or conduct of the delegated bodies; but to popular prejudice,
and declamation at home. I have been led to
write on this subject; because I was thinking on it.
John Carmichael, a Clergyman of Brandywine; some
years ago; took his text in these words, “It is not
good for man to be alone.” “For,” said he, “having
been lately married, as you all know, I can preach
best on what I think most about.”

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But while I am thinking about giving offence,
which I do not intend, it occurs to me, that I shall
have all the lawyers on my back; becaue I have said
to them, as was said to the Pharisees, “Use not vain
repetitions as the heathens do: for they think they
shall be heard for their much speaking.” By the bye
the heathen with us, that is, the savages of North
America, are not long speakers. They call it a talk,
it is true; but it is raised above a common conversation.
And they are not tedious speakers; short, clear
and pithy are the characteristics of their eloquence.

The heathen—are the Gentile nations here meant,
that bordered on Judea? or does it refer to the redundance
of the Greek and Roman eloquence? The
loquacious Greek was proverbial. When a language
becomes copious, the speakers become verbose.

But the lawyers will say, “how can we hlep it? we
are not our own masters, we are bought with a price.”
The client will have talk for his money. He purchases
his plantation by the acre; he sells his wheat by the
bushel; or if a shopkeeper in the city, he measures
tape by the yard. Omnia deus dedit, says the Latin
scholar, Numero, mensure, et pondere. God hath
given all things by number, weight, and measure.
He will have quantity, let what will go with the quality.
For of that he is not a judge.

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I admit it is difficult to get a man to understand
that the cause is oftentimes won, with judgment, and
silence like the game of chess. All depends upon the
move. A client will say, You ought to refund me
something; or take less than I promised. You had
no trouble. Or he will go away, and say, lawyer McGonnicle
took twenty dollars from me, and did not
say a word.

He was six hours on his feet, says a man coming
from the court. This sounds well, and it looks as if
the man was a great lawyer. So that self-preservation
is at the bottom of long speaking. Or is it in
accommodation to false opinion.

I admit something in all this. An advocate will
occasionally find himself under the necessity of saying
more than is necessary, in order to save appearances,
and to satisfy his client who is not like the
court and jury, weary of the harangue. But this is
not the great cause of prolixity. It has a deeper root;
it is a false stile of eloquence that has been introduced,
and is become fashionable. I have asked chief justice
Shippen, if he could recollect and trace, the origin
and progress of it. Is it imported, or of domestic
origin? He thinks it was introduced by John Dickinson,
who was an agreeable, but a lengthy speaker.
At nisi prius; or at bar in England, there was no
such thing. But whether there is or not; is of no
account. The thing ought not to be. Because it
will lead to the loss of the jury trial.

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A lawyer must say every thing that his ingenuity
can suggest on the subject. The strongest reasons
are not sufficient; he must bring up the weaker. After
throwing bombs, he must cast jackstones.

There is more sense in the common mind than is
imagined; and close thought in strong words will be
understood, and a few will suffice.

The bar of this state is said to excel in legal knowledge;
but certainly is behind none in liberality of
practice; and delicacy in argument. In practice, no
catches, or as the common people call it, snap judgments;
lying in wait at the docket; making surreptitious
entries, and giving trouble to get slips set right.
This the meanest lawyer can do. A rat can gnaw
the bow-string of Philoctetes. The drawback in the
opinion of foreigners, and the feelings of the people
here, is the length of speeches.

I will not say that hence arises wholly the prejudice
against lawyers. A prejudice against the liberal
professions, exists in all countries; or they are made
the subjects of invective from the occasional abuse of
their privileges. “Woe unto you lawyers,” is a scripture
expression, and applies to the priests among the
Jews who were the interpreters of the law of Moses.
The physicians of all countries are said to kill people.
And as to advocates they get no quarter in any country.
Wits will exclaim even without ill will. Don
Quivedo, a Spanish writer, in his vision of hell, tells

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us, that he observed a couple of men, lying on their
backs asleep in a corner, with the cobwebs grown
across their mouths. He was told these were porters,
and had been employed in carrying in lawyers, but
there had been no occasion for their services, for a century
past, these cattle had come so fast of themselves,
that the carriers had laid themselves up, in the interval
of business, to take a nap there.

As to the length of speaking, how can it be helped
in advocates? Not by any act of the legislature, constitutionally,
at least in criminal cases; for it is provided
by the constitution that in criminal cases, the party
shall be heard by himself and his counsel. But
this provision was not meant to exclude the right in
civil cases, which existed at the common law; but because
in capital cases, in the courts of criminal jurisdiction
in England, counsel was not allowed to the
accused, except on law points, arising on the trial.
In civil cases the legislature may change the law or
modify it; but I am not able to say, what regulation
by an act of the legislature, might be expedient; or
what practicable by the courts themselves. The safest
and most easy remedy would be in the bar themselves;
cultivating a stile of eloquence of greater brevity, and
endeavouring to be more laconic in their speeches.

They are not aware that this length of speaking
has become unsufferable. That resentment against
the bar on that account, has been accumulating, and

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is now ready to overwhelm their existence. It is a
great cause of that obloquy against the proceedings of
the courts of justice, which is heard in this state. Delay
is the effect; and delay, is an obstruction of justice.

But delay is the cause of loss to the lawyer. It is
a vulgar idea, but founded in mistake, that lawyers
delay causes for the sake of fees. It is their interest
to have speedy trials, as much as with merchants to
have quick returns. It is the interest of the advocates
that I endeavour to promote, in suggesting a reform
in the length of pleadings. I am endeavouring, in
the scouted language of some reasoners, “to save the
lawyers from themselves.” It is on this principle that
I attempt to school them a little on the point of oratory
at the bar.

Some one will say, that I but affect to treat them
thus cavalierly. That it is like the case of an Indian
in a skirmish, of which I have heard, on the west of the
Ohio, who on his party being defeated, pursued one
of his own people, with his tomhack lifted up, ready
to strike, and was mistaken for a volunteer. In the
heat of the affair seeing him alert, and pursuing, they
thought the one before him was in good hands, and
they let them both escape.

To apply the story. It may be thought that I affect
to school the profession, to save it from arbitration
laws, in the spirit of what has been called the

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adjustment bill. I am not one of those with whom it
has been clear that the adjustment bill passed into a
law, would do any injury to lawyers. It might winnow
off some of the chaff, but better corn would come
to the mill. I have no idea that any thing can hurt
the profession, but the overthrow of liberty. Council
to advise, and an advocate to speak, will be always
wanted where the laws govern and not men. Rules of
property and contract in civil cases, and the principles
of law in matters of life, liberty, and reputation,
will always call for the assistance of the head, and the
powers of speech, in a republic.

My concern in the case of innovations, doubtless
meant for improvements, has been that the experiment
would not shew wisdom in the framers; but, on
the contrary, discredit the administration by which
they had been introduced; or, if tolerated, and approved,
would lead to aristocracy, and despostism in
the end. This by gradations insensible, as opiates
unnerve the constitution. It would take a volume to
trace gradatim, how, and why this would be brought
about; and after all it may be a spectre of the imagination.
Let the wise determine. Were I a practicing
lawyer, as probably I may soon be, I should apprehend
little from it on the score of profit, and loss to
the profession. My idea is, that eighteen months
would put an end to it, and it would, by that time
have sowed a pretty fruitful field of controversy, that

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would last as many years. As to the constitution, it
seems to be in vain to talk to the people about it, when
it is in the way of what they wish, and must have
.

But hinting as has been done with regard to the
exuberance of oratory at the bar, it is to be taken subject
to the exception of cases which cannot be considered
in a few words; either where the facts are complicated,
and the evidence extensive; or where a point
of law embraces an extensive scope of argument. The
elucidation in some cases, must be drawn from the
law of nature; the law of nations: the municipal law.
Statues, commentaries and decisions must be examined
at full length.

It is not half a day, or a day that will suffice always,
to do justice to a question. The court themselves
will stand in need of the careful preparation,
and the minute investigation of the council. The
bringing forward lucidly, and arguing a matter well,
is a great help to a court. It is doing for them, what
they would have to do for themselves, without their
assistance.—The labour of the council is the ease of
the court. Many a midnight thought is expended by
the laborious lawyer, of which the court feels the benefit,
in the light which he throws upon the subject of
the litigation. It is the

—Rudis indigestaque moles,
of the unprepared that wastes the most time.

It is the highest effort of a strong mind to condense.
Having taken a comprehensive view of the whole

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horizon of the subject, the man of talents collects the principles
that govern and illustrate the case
. To state and
press these, is the effort of the great orator. To reduce
to generals, and bring forward the result.

But in order to speak short upon any subject—
think long. Much reflection is the secret of all that is
excellent in oratory. No man that speaks just enough,
and no more, ever wearies those that hear him. And
that is enough which exhausts the subject, before the
patience of the auditory.

There is such a thing as alarming the patience.
A speaker branches out his subject. It is all proper
that this should be done in his own mind. It is necessary
that he should have a system of argument, and
a certain order of arrangement. But I do not approve
of an explanation of this. I remember the alarm
which I have felt listening to a speaker in the pulpit,
when he has spread out the table of his doctrine into
heads and sections. When he had done with the
first, that is well, thought I. But then, there is the
second head; will he be as long upon that? Now if
he had said, This point of doctrine arises from the
text, I would have heard it out without fore-casting in
my mind that the ulterior divisions were to come yet.
It is not in the language of nature to have such compartments.
It is well enough in a book of didactic
dissertation. For there is one can lay down the volume,
and amuse himself otherwise when he is weary.

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The Indian in his talk has an order in his mind, and
pursues it by the wampum belt, as the Catholic says
his prayer by his beads. It is not the secret of persuasion,
which does not steal upon the heart; and
whatever the effect in matters of the judgment, may be
the annunciation of method; it is unfavourable to all that
interests the heart, and governs the imagination. You
will see no such thing in Demosthenes or Curran.
Cicero has something of it, but I always thought it a
blemish. Ars est celare artem.

There is no such thing in the works of nature.
Artificial gardens sometimes present that view, but
these are not in the best taste.

The hills and mountains, vales, and extensive
plains are dispersed with a beautiful variety. The
stars of the heaven are not at marked distances.
There is a concealed regularity, order and proportion
in all that affects. The mind remains cold where
there is nothing that surprises and comes unexpectedly
upon it.

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These concluding pages I had written, and had
printed off, to this point of the game, if I may so express
myself, this 19th of Nov. 1804; and had intended
to publish; but it struck me that it might give
offence to the legislature, and it might be as well to
let it rest until next spring after they had risen; and
if any thing should give umbrage; though I cannot
possibly see what, they might have a summer to think
of it before they met again, and so could do nothing
hastily. I asked the printer boys what they thought
of it. For I could communicate to no one else lest it
should get out. In the language of John Bunyan;
in the preface in verse to his Pilgrim's Progress,
which I remember something of, having read it 30
years ago,


Some said John print it; others said no.
—And I said not so.

It is said of Moliere, that he recited his comedies
to an old woman in his house; and when
she smiled the audience never failed to smile
also. This is an appeal to simple nature. On that
ground I took the opinion of an old man about the
shop, that wore spectacles. It was his opinion “that
it might be thought I was making a dash at somebody.

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He thought the lawyers, and the Irish might take
offence; and perhaps the legislature themselves for
any thing he knew.” This last was the most delicate
consideration, and at the present time, I would not
think it advisable to add the bar and the Irish to the
weight against me. For that reason, nonum prematur,
say, in mensem. Six or nine months hence, it
may be safer to let it come forth.

I had the curiosity however to ask the man what
possible offence it could give the Irish? He thought
Clonmel's song bore hard upon them. It was in vain
that I explained to him that no reflection was intended
on the nation, or the Irish character; and indeed little
else than an incident to enliven the history. He still
thought, as he expressed it, that it was a double intendre,
and something might be taken out of it. It is
thus,


That learned commenators view,
In Homer more than Homer knew.
Or, that good theologists can make a text yield more
than was in it, independent of cultivation.

The book then rests for a period; lest the publication
should do myself harm. It will depend upon
circumstances whether I do not burn it altogether; or
put it off at the book fair, with some New-England
man, who will give it a circulation in the Northern
States; and keep it away from Pennsylvania.

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How a man feels himself cramped in such a fear,
and trembling of mind! I am positively more afraid
at this moment of the mistake of the honest, than I
was of the resentment of the knave at a former period.
During the reign of terror my strictures were very
free; but I begin almost to call this a reign of fear,
which is the same thing with the former reign.

A word to the critic seems necessary in some part
of a book. It happens to come here at the end of it.
It is now ten years since I last put pen to paper in
any thing above dissertation in the gazette or a news-paper
paragraph. I am well aware that there will
be found a great falling off since my last about that
time. I am not conscious to myself that my vigour
of mind has abated in matters of judgment; for, as
would seem from the story in Gill Blass, I shall not
be the first to discover that. But I must acknowledge
that I am not sensible of the same powers of imagination
in that respect,

—Non sum qualis eram.

No wonder; for the snow of age has come upon my
head; and winter has taken possession of my brow.
My fancy is as cold as it was once warm. My inclination
leads me to metaphysics, chiefly. But that
subject is exhausted; or, so many have written well,
that it is discouraging to come after them.

It is on account of the decline of fancy; that I have
confined myself in this volume, to mere narrative,

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which is the province of old age. Here, and there, I
have interspersed a maxim, or an observation; but
these are the saws of age, and have not that brilliancy
of thought, or terseness of expression, which quick
and lively wit gives. There is some attempt at humour;
but seldom have I been able to reach it. A
salutary bon mot, or jeu d'esprit, may sometimes be
found. Nevertheless it may serve to let people know
that I am yet alive.

Were it not that the captain had enjoined on me
to continue his story when he delivered his papers into
my hand, I believe I should not have taken up the pen
again. But I must go through with it, and complete
the history; which I hope to comprize in another volume.

It will be observable that Latin quotations abound
more than a reader of English may be disposed to
relish. But the fact is, that I have forgot almost all
the reading of my middle age; and recollect chiefly
my academic studies. Hence it is that the classics
are more in my head, than Shakespeare; or Milton.

END OF VOLUME FIRST.
Previous section


Brackenridge, H. H. (Hugh Henry), 1748-1816 [1804], Modern chivalry: containing the adventures of a Captain, &c. Part II. Volume 1 (published for the author, Carlisle) [word count] [eaf801v1T].
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