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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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BOOK II.

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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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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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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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[figure description] Page 155.[end figure description]

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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[figure description] Page 158.[end figure description]

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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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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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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[figure description] Page 172.[end figure description]

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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[figure description] Page 173.[end figure description]

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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[figure description] Page 175.[end figure description]

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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[figure description] Page 176.[end figure description]

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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[figure description] Page 182.[end figure description]

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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[figure description] Page 184.[end figure description]

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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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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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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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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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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[figure description] Page 203.[end figure description]

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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