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Brackenridge, H. H. (Hugh Henry), 1748-1816 [1793], Modern chivalry: containing the adventures of Captain John Farrago, and Teague O'Regan, his servant. Part I. Volumes 1-3 (John M'Culloch, Philadelphia) [word count] [eaf800].
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BOOK VI.

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THE foregoing had been the reflections
of the Captain during the exhibition
of the farce. But the play being ended,
and having come home, the next day he
began to put his re&longs;olution in practice;
and to think how he could &longs;upply him&longs;elf
with another &longs;ervant. It &longs;truck him to
purcha&longs;e a negro; and mentioning this to
the company, at breakfa&longs;t, at the Indian
Queen, one of the people called Quakers,
who was pre&longs;ent, and overheard the
conver&longs;ation, made an apology for the
liberty he took in making &longs;ome objections.
Friend, &longs;aid he, thee appears to
be a di&longs;creet man, from thy behaviour,
and conver&longs;ation; and if thee will not be
offended, I would a&longs;k if thee can&longs;t

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reconcile it with thy principles, to keep a
&longs;lave. As to that, &longs;aid the Captain, I have
thought upon the &longs;ubject, and do not &longs;ee
any great harm in the matter. If we look
to inanimate nature, we &longs;hall find, that
the great law is Force. The Carte&longs;ians
call it pre&longs;&longs;ure and &longs;uction: The Newtonians
call it attraction and gravitation.
The &longs;un, the large&longs;t body in the univer&longs;e,
endeavours to draw all towards it; while
the le&longs;&longs;er globes &longs;truggle to fly off at a
tangent. The den&longs;e air takes place of the
rare; and the heavier particles of water
cau&longs;e the lighter to recede. The tall oak
over&longs;hades the under wood. There is a
predominancy, and &longs;ubordination in all
things. In the animal creation, the weaker
is always &longs;ubject to the &longs;trong; who even
devour them, when the fle&longs;h &longs;uits their
appetite: and the very teeth and jaw-bone
of carnivorous animals, &longs;hew the intention
of nature, that they &longs;hould make a prey
of living creatures. Do you blame yourselves,
when you &longs;ubjugate elephants, or
hor&longs;es, or oxen of the plough, to your
u&longs;e? What right have you to invade the
liberty of a playful young colt, more than
of an African inhabitant? Or have you
not as good a right to take up a negro, and

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put him to your work, as you have to cut a
calf, and manufacture him for the draft?

In this ca&longs;e, there is a difference, &longs;aid
the Quaker; a negro is a human creature,
and po&longs;&longs;e&longs;&longs;es all the natural rights of man.

That may be, &longs;aid the Captain. But
what are the natural rights of men? Are
they not finally re&longs;olvable, as in the inanimate
world, into power on the one hand,
and weakne&longs;s on the other.

Who is it that ab&longs;tains from dominion,
when he has it in his power to a&longs;&longs;ert it?
Power is the great law of nature; and nothing
but the pacts or conventions of society
can contravene it. I &longs;hould think myself
ju&longs;tifiable in making any man a &longs;lave to
an&longs;wer my purpo&longs;es, provided I treated him
well while he was &longs;uch. This I take to be
the only condition which the law of rea&longs;on
annexes to the enjoyment of &longs;uch property.
I may be warranted in taking, and managing
an animal of the hor&longs;e kind; but it is
my indi&longs;putable duty not to abu&longs;e him by
cau&longs;ing him to &longs;uffer famine, or endure
too much toil. The &longs;ame with any other
animal that I en&longs;lave; there is a tacit condition
annexed to the grant which the law
of nature gives, viz. That the &longs;ervice be
exacted with moderation; and proper

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nouri&longs;hment be provided. I admit al&longs;o,
that humanity would dictate that a &longs;lave
ought to be con&longs;ulted as much as is consistent
with my convenience. For in&longs;tance;
if I had the Grand Turk in my power, as
he has been accu&longs;tomed to a &longs;oft and effeminate
way of living, it would be hard to
put him all at once to maul rails, or clearing
out meadow ground, or the like; or if
it &longs;hould fall in my way to have Catherine
of Ru&longs;&longs;ia in that capacity, as &longs;he is a women
of an elevated mind, it would be inhumane
to put her to the lowe&longs;t drudgery,
&longs;uch as &longs;crubing out rooms, and carrying
water from the pump; but rather indulge
her if I could afford it, with a more ea&longs;y
employment, e&longs;pecially as &longs;he is an old woman,
of knitting &longs;tockings and carding
wool. There is no man would be more
di&longs;po&longs;ed to treat a &longs;lave with tenderne&longs;s
than my&longs;elf; but to deny me of my right
altogether of making one, or of trafficking
for one when made, is carrying the matter
too far.

So much for the right of en&longs;laving. But
if we put it on the principle of what will
conduce to the aggregate happine&longs;s of
mankind, we &longs;hall find it to be, that there
&longs;hould be ma&longs;ter and &longs;ervant, or in other

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words, owner and &longs;lave. The economy
of nature illu&longs;trates this, in the &longs;ub&longs;erviency
of one thing to another: But, independent
of any illu&longs;tration, it mu&longs;t be known
on reflection, and is felt in experience, that
all are not competent to all things; and
in the ca&longs;e of temporary &longs;ervants, much
time is taken up in contracting with them
for their remanence; and it is a considerable
time before they get into the habit
of our &longs;ervice; and having it in their power
to retire from us, when inclination may
direct, there is an in&longs;ecurity in the attachment.
But as the &longs;lave has the master
always to provide for him; &longs;o ma&longs;ter
has the &longs;lave always to &longs;ub&longs;erve him: and
thus, by a conjoint intere&longs;t, the felicity
of both is promoted, and the &longs;um of human
happine&longs;s increa&longs;ed. Hence it is,
that mo&longs;t nations have made u&longs;e of &longs;laves.
The patriarch Abraham, had three&longs;core
and ten &longs;ervants born in his hou&longs;e. What
were the&longs;e but &longs;laves? The Jews, his descendants,
had bond-men, and bond-women:
Were not the&longs;e &longs;laves? The Roman
&longs;laves were more in number than the citizens;
and among&longs;t the Greeks, the mo&longs;t
virtuous of them, viz. the Spartans, kept
in their &longs;ervice the mo&longs;t depre&longs;&longs;ed of all

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&longs;laves, the Helotes; who, when we consider
the black broth, the food, and severe
life of the ma&longs;ters, mu&longs;t have lived
on poor fare, and in a laborious &longs;ervice
indeed.

But it may be &longs;aid, that example of
wrong never con&longs;titutes right. Grant it;
but if you examine the capacities, and even
inclinations of men, will you not find,
that &longs;ome are qualified only to be &longs;laves.
They have not under&longs;tanding to act for
them&longs;elves. Nor do all love freedom, even
when they have it. Do not many surrender
it; and prefer ki&longs;&longs;ing a great man's
back&longs;ide, to being independent? It is not
always, even from the views of advantage,
that men are &longs;ycophants; but from an
ab&longs;tract plea&longs;ure in being drawn into the
vortex of others. There is a plea&longs;ure in
&longs;lavery, more than unen&longs;laved men know.
Why is it, that, even after the convul&longs;ion
of a revolution in a government, in favour
of liberty, there is a natural tendency
to &longs;lavery; and it finally terminates in
this point. The fact is, a &longs;tate of liberty
is an unnatural &longs;tate. Like a bone out of
place, the mind, in an individual, or political
capacity, &longs;eeks the condition of a
ma&longs;ter or &longs;ervant; avoiding, as the

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particular propen&longs;ity may be, the one or the other.
There cannot be a greater proof that
this is founded in nature, than the common
moral ob&longs;ervation, that the greate&longs;t tyrants,
that is, the wor&longs;t ma&longs;ters, make the mo&longs;t abject
&longs;laves: And, vice ver&longs;a, that the mo&longs;t
&longs;ub&longs;ervient of mankind, when you give
them power, make the wor&longs;t u&longs;e of it: All
this becau&longs;e, in the&longs;e ca&longs;es, the per&longs;ons are
mi&longs;placed, and not in their proper &longs;tations.
Julius Ce&longs;ar made a humane generous master;
but he would have made a very intriguing,
trouble&longs;ome valet de chambre. It
would have been impo&longs;&longs;ible to have got any
good of him. On the other hand, Tiberius
would have made an excellent ho&longs;tler, and
taken a beating, with as much re&longs;ignation,
as a hou&longs;e beagle, who is u&longs;ed to it. So
that it evidently is the provi&longs;ion of nature,
that there are materials of &longs;lavery; and
the fault of tho&longs;e, whom &longs;he intends for
ma&longs;ters, if they do not make &longs;laves. But
as it is difficult to determine, a priori, who
are intended for &longs;lavery or freedom, &longs;o
as to make a judicious di&longs;tribution, things
mu&longs;t take their cour&longs;e; and the rule be,
catch, catch can; and every man have a
&longs;ervant when he can get one. It is in
vain to be &longs;queami&longs;h, and &longs;tick at colour.

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It is true, I would rather have a white
per&longs;on, if &longs;uch could be got; as I prefer
white to black; e&longs;pecially in the &longs;ummer
&longs;ea&longs;on, as being a more light and airy colour.

Thy rea&longs;oning, &longs;aid the Quaker, is more
rhetorical than logical; and thy analogies
of nature, and hi&longs;torical proofs, cannot
&longs;o far oppre&longs;s the light within, as to make
me think, that it is given to thee, or me,
to make &longs;laves of our &longs;pecies.

As to that, &longs;aid the Captain, I am not
clear that a negro is of our &longs;pecies. You
may claim kindred with him, if you
plea&longs;e; but I &longs;hall not.

I &longs;hall not di&longs;pute that with thee, &longs;aid
the Quaker: for I perceive thee does not
give credit to what the book &longs;ays of the
fir&longs;t man, and his de&longs;cendants: But will
thee not grant me, that the African,
though not of the &longs;ame &longs;tock, is, at lea&longs;t
a man; that is of the human genus,
though the &longs;pecies of the white and the
black may not be the &longs;ame; if &longs;o, ha&longs;t
thou more right to en&longs;lave him, than he
thee?

Grant it, &longs;aid the Captain; for my reasoning
tends to that, and re&longs;olves the right
into the power.

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If &longs;o, &longs;aid the Quaker, thee may be the
&longs;lave in thy turn.

Doubtle&longs;s, &longs;aid the Captain; and it is
not of &longs;o much con&longs;equence who is &longs;lave,
as that there be one. It is better that the
foot be foot, and the head be head; but
if there is a conver&longs;ion, neverthele&longs;s, let
there be head and foot. It is nece&longs;&longs;ary
that there be domination and &longs;ubjection,
in order to produce a compound improvement
and advantage.

You could &longs;ee by the Quaker's countenance,
that he thought the rea&longs;oning sophistical;
but as he did not know very well
what he could &longs;ay more, he was &longs;ilent.

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IT is thought by &longs;ome, the Captain was
not &longs;erious in thus advocating the cau&longs;e
of &longs;lavery. Be that as it may, he omitted
&longs;ome &longs;erious arguments, that naturally
pre&longs;ent them&longs;elves on that &longs;ide on which
he rea&longs;oned: For in&longs;tance, it &longs;trikes me
at fir&longs;t blu&longs;h, that there can be no moral
wrong in catching a young African, and
bringing him away from his own happiness
to pur&longs;ue ours. For if there were, is
it to be &longs;uppo&longs;ed, that humane and ju&longs;t
per&longs;ons, would promote and &longs;upport the evil,
by purcha&longs;ing &longs;uch negro, or retaining
him, and his offspring, when purchased.
For, on the principle that the receiver
is the thief, or, to &longs;peak more strictly,
a thief, the purcha&longs;er of the African
takes the guilt along with the po&longs;&longs;e&longs;&longs;ion;
and, in the language of the law, every act
of retainer is a new tre&longs;pa&longs;s. For the evil

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of the original act, if there be evil in it,
cannot be rendered pure by the filtration
of purcha&longs;e, and retaining. So that the
holder of the negro, in the tenth transmission,
is an aider, or abettor, of the original
act of taking; if I may u&longs;e the word
aider, or abettor, in a ca&longs;e of tre&longs;pa&longs;s;
where, by the definition of the law, all
who any ways concur in the act, and further
it, are principals. The holder of a
negro mu&longs;t, therefore, look back to that
act which fir&longs;t made him, or an ance&longs;tor,
a &longs;lave; and if he cannot ju&longs;tify this, he
cannot ju&longs;tify the retaining him in servitude:—
What a con&longs;equence mu&longs;t this be!
There is no man that pretends to humanity,
much le&longs;s to religion, would be &longs;afe
in being the po&longs;&longs;e&longs;&longs;or of a &longs;lave. The only
way therefore to get rid of the difficulty is
to ju&longs;tify, ab origine, traffic in all &longs;uch property.

That it is ju&longs;tifiable I have no doubt.
Is there any religious denomination, except
the fanatical people called Quakers,
that have made it a term of communion
not to hold a &longs;lave. In admitting to
church privileges, I have never heard,
of the que&longs;tion a&longs;ked, Have you any negroes,
and do you keep &longs;laves? If it was

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a matter of con&longs;cience, would not conscientious
per&longs;ons them&longs;elves make it.

The a&longs;&longs;emblies or &longs;ynods of the Presbyterian
church, or conventions of the Episcopal,
in America, have &longs;aid nothing on
this &longs;ubject. Is an omi&longs;&longs;ion of this kind
reconcilable with the idea, that it is a
natural evil, or a moral wrong.

In the phrenzy of the day, &longs;ome weak
minded powers, in Europe, begin to consider
what is called the African trade as a
moral wrong, and to provide for a gradual
abolition of it. If they will aboli&longs;h
it, I approve of its being done gradually;
becau&longs;e, numbers being embarked in this
trade, it mu&longs;t ruin them all at once, to
de&longs;i&longs;t from it. On this principle, I have
always thought it a defect in the criminal
codes of mo&longs;t nations, not giving licence
to the perpetrators of offences, to proceed,
for a limited time, in larcenies, burglaries,
&c. until they get their hands out of u&longs;e
to the&longs;e pur&longs;uits, and in u&longs;e to others. For
it mu&longs;t be greatly inconvenient to thieves
and cut-throats, who have engaged in this
way of life, and &longs;pent time, and expended
money, and run great ri&longs;ks in acquiring
&longs;kill in their employment, to be obliged
all at once to withdraw their hands, and lay

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a&longs;ide picking locks, and apply themselves
to indu&longs;try in other ways, for a livelihood.

The law of Penn&longs;ylvania on this principle,
has provided for the gradual abolition
of the &longs;lavery of negroes. For tho&longs;e who
have got them could not do without them,
no more than a robber could do without
the money that he takes, being pre&longs;&longs;ed by
&longs;ome great nece&longs;&longs;ity to make u&longs;e of that
expedient to recruit his pur&longs;e. All tho&longs;e
therefore who have been originally taken
from the coa&longs;t of Africa, and deprived of
liberty, or de&longs;cended from &longs;uch, and inheriting
&longs;lavery, when recorded agreeably
to the act in que&longs;tion, continue &longs;laves, and
for life, and their offspring to a certain
period. But were we to entramel the
ca&longs;e with political or moral doubts respecting
the original right of caption, and subjugation,
the difficulty would exi&longs;t of reconciling
it with natural right to hold a
&longs;lave for a moment, even whether the law
&longs;anctioned it or not;
in which ca&longs;e we &longs;hould
find it nece&longs;&longs;ary to go as far as the fanatics in
religion, and &longs;et our &longs;laves free altogether.

It is from not duly attending to this circumstance,
that ab&longs;tract rea&longs;oners talk of
abolition; a doctrine which, however

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absurd, is becoming the whim of the day;
and the phren&longs;y &longs;eems to gain &longs;uch ground,
that I would not wonder if they would
next a&longs;&longs;ert that it is unlawful to u&longs;e the servitude
of hor&longs;es, or other bea&longs;ts of burden,
as having a natural right, to live in
the fields, and be as free as mankind. The
be&longs;t way to avoid extremes, is to check
the principle; I hold the right of ab&longs;olute
&longs;ubjugation, of whites, blacks, and browns
of all nations, again&longs;t gradual abolition,
or any abolition what&longs;oever. This being
the only con&longs;i&longs;tent principle, &longs;hort of an
ab&longs;olute emancipation, made in&longs;tantly; for
in no mean is there rea&longs;on, or a re&longs;t for
con&longs;cience.

That it is of importance to &longs;ettle the consciences
of &longs;ober minded per&longs;ons in Pennsylvania,
clergymen, and members of the
Pre&longs;byterian church e&longs;pecially, who have
negroes, mu&longs;t be well known from that
tenderne&longs;s of con&longs;cience, for which &longs;uch
are remarkable. Some, indeed, carry their
ideas of the extent of duties &longs;o far, as not
to omit grace to meat, or the formal worship
of prayer, reading chapters, and singing
p&longs;alms, on the &longs;et occa&longs;ions, on any
con&longs;ideration what&longs;oever; what is more,
will not &longs;have a beard, on the Sabbath day,

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for a cow. Now, &longs;hould they, by any
means, come once to think of the wickedness
of en&longs;laving men, there would be no
getting them to keep a negro. For tho&longs;e
of this denomination; and, indeed, mo&longs;t,
or all others of the Chri&longs;tian, hold, that
the Africans, though of a &longs;able race, is
of their own &longs;pecies; being de&longs;cended
from Adam. This being the ca&longs;e, a &longs;light
matter, the bare directing their attention to
the &longs;ubject, would alarm pious people, and
lead them to the favourite maxim of the
go&longs;pel—“Do to others, as you would
have others to do to you.”

As oppo&longs;ed to the enfranchi&longs;ement of negroes,
generally, and in Penn&longs;ylvania in
particular, I have been under apprehensions,
that &longs;ome of our young lawyers in
the courts, might plead the con&longs;titution of
the &longs;tate, by which it is e&longs;tabli&longs;hed that
“all men are born equally free and independent.”
Now admitting that a negro is
a man, how &longs;hall any ma&longs;ter retain him as
a &longs;lave? On a habeus corpus, he mu&longs;t be
&longs;et at liberty. At lea&longs;t I cannot conceive
how the judge could remand him to his
drudgery. The con&longs;titution is the law
paramount, and framed by a convention of
the people, recognizing the original right

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of freedom in a negro, allowing him to
be a man; and caries us above the act of
the legi&longs;lature for the gradual abolition,
&c. which by implication &longs;eems to &longs;uppo&longs;e
that negroes may be &longs;laves:—

An implication incon&longs;i&longs;tent with the power
exerci&longs;ed by the law. For if negroes
were &longs;laves, and &longs;o the property of tho&longs;e
who claimed them, could the legi&longs;lature
affect that property, without indemnification
to the ma&longs;ters?

I &longs;hall &longs;ay no more on this head, le&longs;t I
&longs;hould furni&longs;h hints to pettifoggers, who
may make an ill u&longs;e of their information.

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JUST at this moment a waiter coming
in, told him there was a per&longs;on without,
that is, in the bar room, who wi&longs;hed
to &longs;peak with him. Going out, who &longs;hould
&longs;trike his optics, but Teague.

The fact was, being elated with the success
of his performance on the &longs;tage, attributing
that to art which was nature itself,
he had counted more upon his accomplishments
than he ought to have done,
and had made advances to the mi&longs;tre&longs;s of
the manager, who was al&longs;o an actre&longs;s, and
not greatly coveting an amour with the
bog-trotter, made a merit of the circumstance,
to induce an opinion of fidelity, and
informed the manager of the pre&longs;umption
of the Iri&longs;hman. The manager in the
mo&longs;t unbecoming manner, without either
citation, examination, trial, conviction,
or judgment, but laying a&longs;ide all forms of
law, had in&longs;tituted an original proce&longs;s of

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him&longs;elf, and laying hold of a hor&longs;e-whip,
had applied this implement to the back and
&longs;houlders of Teague, and as the Iri&longs;hman
made an effort of re&longs;i&longs;tance at the fir&longs;t onset,
the manager had been under the necessity,
by turning the but end of the whip,
to knock him down, which he did by a
&longs;troke above the left eye-brow, which not
only bereft him of &longs;en&longs;es for the pre&longs;ent,
but a di&longs;colouration of the eye for &longs;ome
days, and a &longs;car probably his whole life
after.

It was this incident had induced him
to leave the theatre, and brought him
back to the Captain, whom he now accosted
in the following manner: Dear ma&longs;ter,
for the love of &longs;halvation, forgive a poor
&longs;harvant that has been killed this marning
with a great cudgel, ju&longs;t for nothing at all,
but not pla&longs;ing a damned whore, that
wanted me to &longs;tale the manager's cloathing,
and go off wid her. This is all that
a poor &longs;harvant gets by being hane&longs;t; but
by &longs;hant Patrick, and the holy cra&longs;s, it is
what I de&longs;erve for leaving the &longs;arvice of
a good ma&longs;ter, as your anour, and taking
up with bog-tratters, and &longs;tage players,
that would &longs;ooner take a cup of wine than
the holy &longs;acrament, and get drunk every

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night in de wake, and go to de devil
head foremo&longs;t; but if your honour, dear
ma&longs;ter, will forgive the pa&longs;t, and my running
away, and laving you, I will come
back again, and &longs;arve you to the day of
judgment, or any langer time that your
honour pla&longs;es, and clane your boots and
&longs;purs, and rub down the bay har&longs;e; the
poor old crature, how aften I have tought
of him when I was in my rambles and he
was a &longs;lape, la&longs;te they &longs;hould chare him of
his oats, and give him nather hay nor
&longs;traw to ate; for I always liked to take
care of a good har&longs;e, and a good ma&longs;ter;
and aften tought of your honour, when
I was among the bog-tratters of the &longs;tage,
and gave you a good name, and was always
talking of you and forgot my part,
and put the managers in a pa&longs;&longs;ion, who
fell upon me, and bate me like a dog.

The Captain &longs;aw the incon&longs;i&longs;tency in the
relation; one while alleging the tale bearing
of the mi&longs;tre&longs;s, as the occa&longs;ion of it;
again, a deficiency in the recital of his
part; but expecting no truth from the Irishman,
cared very little how it came to
pa&longs;s. The principal thing that occupied
his thoughts, was whether to receive the
bog-trotter, or di&longs;mi&longs;s him. He reflected

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with him&longs;elf on the trouble he had had
with him, on his various preten&longs;ions to
advancement; his unea&longs;ine&longs;s of mind, and
fatigue of body, for &longs;everal days pa&longs;t, in
examining &longs;tews, methodi&longs;tical conventicles,
rumaging philo&longs;ophical &longs;ocieties, attending
elections, and li&longs;tening to the debates
of Congre&longs;s, to &longs;ee if he could any
where ob&longs;erve his phy&longs;iognomy, or distinguish
his brogue. He could not think
of &longs;ubjecting him&longs;elf to &longs;uch uncertainty
in the attendance of any &longs;ervant, with &longs;uch
prepo&longs;terous ideas, as being a legi&longs;lator,
philo&longs;opher, &c. Again, he con&longs;idered,
that probably this la&longs;t cha&longs;ti&longs;ement he had
received, might have a good effect, in curing
him of the freaks of his ambition;
and a mind broken and reduced by disappointment,
is in a mellow &longs;tate, and more
capable of receiving the &longs;eeds of good advice,
than a mind full of vanity or pride,
that has never yet received blows. Deliberating
on the&longs;e grounds, his humanity
prevailed, and he determined to receive the
raggamuffin into favour.

This being &longs;ettled, and learning from
the Iri&longs;hman in what manner he had been
inveigled, and drawn away by the manager,
to go upon the &longs;tage; and that it was

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only becau&longs;e Teague had made advances
to a woman that was a whore already,
that the manager had made &longs;uch an attack
upon his per&longs;on, he wi&longs;hed to puni&longs;h him,
if it &longs;hould appear to be within the province
of the law to do it. Accordingly,
inquiring what principal lawyer there was
in that city, was informed of a certain counsellor
Grab. Taking Teague with him,
he &longs;et out to con&longs;ult this gentleman.
Coun&longs;ellor Grab was in his office, among&longs;t
large &longs;helves of books, or &longs;helves of large
books; not, as the Latins &longs;ay, Co-opertus,
aut obrutus, &longs;ed comitatus libris;
that is,
In the mid&longs;t of his books. He had on a
pair of &longs;pectacles, not &longs;o much on account
of age, as to make the client believe that
he laboured under a premature want of
&longs;ight, from much reading; or, becau&longs;e a
pair of len&longs;es, magnifying the organs of
vi&longs;ion, gives the appearance of a larger eye,
which has a good effect on the per&longs;on consulting,
impre&longs;&longs;ing the idea of a broader
view of things that are before it.

Entering, the Captain addre&longs;&longs;ed him&longs;elf
to the coun&longs;ellor, and gave him the outlines
of the injury done to Teague; The
coun&longs;ellor, in the mean time, &longs;u&longs;pending
his reading in a large book, which he had

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before him, printed in Saxon letter, and
rai&longs;ing his head, until the gla&longs;&longs;es of his
&longs;pectacles were brought to bear upon the
phy&longs;iognomy of the Captain.

The Captain having fini&longs;hed his account,
referred him to Teague, the &longs;ubject
of the battery, for a a more particular
detail of the circum&longs;tances. Teague was
glad of the opportunity of &longs;peaking before
a learned lawyer, and was beginning to
give a relation of the whole affair; but
the Captain &longs;topped him, bidding him wait
until the lawyer &longs;hould him&longs;elf reque&longs;t him
to begin. The lawyer was &longs;ilent: after
having reconnoitered with his gla&longs;&longs;es, one
while the Captain, another while Teague,
he dropped his optics, and began to read
again. The Captain, thinking he had not
been &longs;ufficiently under&longs;tood, recommenced
the narration, and gave an account of
what he him&longs;elf had &longs;uffered from the inveigling
and detaining his &longs;ervant, and
the vi&longs;ible injury which the &longs;ervant himself
had &longs;u&longs;tained. The lawyer was &longs;till
&longs;ilent; and, though he had eyed him while
&longs;peaking, as a Tu&longs;can a&longs;tronomer would
the moon, yet he applyed him&longs;elf again to
the reading the black letter, that was before
him.

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The Captain thought it &longs;trange treatment;
and was, for &longs;ome time, at a lo&longs;s
to know what to think of the matter. But
recollecting, opportunely, that the circumstance
of a fee had been omitted, he took
out his pur&longs;e, and threw down two dollars.
The lawyer &longs;eemed a little moved,
but ca&longs;t his eye again upon the black letter.
Finding the two dollars not sufficient,
the Captain threw down two more.
The coun&longs;ellor rai&longs;ed his head from the
book, and you might di&longs;cern &longs;ome dilitation
of the mu&longs;cles of the face, as bespeaking
an approaching opening of the
voice; but &longs;till there was &longs;ilence; and
might have been to this hour, had not the
Captain recollected, at this moment, what
he had all along forgot, that half a joe
was the fee of a lawyer. Doubling, therefore,
the four dollars that were already
down, the lawyer came to his voice, the
organs of his &longs;peech were loo&longs;ed, and taking
the gla&longs;&longs;es from his eyes, he gave his
coun&longs;el as follows:

Said he, You have a double remedy in
this ca&longs;e; again&longs;t the manager who inveigled,
and again&longs;t the &longs;ervant him&longs;elf:
Again&longs;t the &longs;ervant, on the act of Assembly,
if indented; at common law, on the

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contract to &longs;erve. For even a &longs;ervant at
will, and not engaged for any &longs;pecial
time, is not at liberty to de&longs;ert the &longs;ervice
of his ma&longs;ter, without rea&longs;onable notice
fir&longs;t given. So that you may have your
remedy again&longs;t the &longs;ervant, in the fir&longs;t
in&longs;tance, by bringing the matter before
the court of quarter &longs;e&longs;&longs;ions; and having
time put upon him, as the phra&longs;e is, for
this dereliction of your &longs;ervice; or, an
action on the contract, expre&longs;s or implied,
as the ca&longs;e may be, wherein he &longs;hall repair,
in damages, the lo&longs;s &longs;u&longs;tained.

The bog-trotter was alarmed at the idea
of an action again&longs;t him; and looking
wi&longs;tfully at his ma&longs;ter, exclaimed; Dear
ma&longs;ter, will you trow de law upon me,
dat am as innocent as a &longs;hild unborn; and
would go to death and damnation for you.
Dear ma&longs;ter, I &longs;uffered enough by de cudgel
of dat player, for all de running away
I have done; and, God love your &longs;houl,
keep de law in its own place, and not let
it come acra&longs;s a poor &longs;harvant, that has
nathing but as he works and trats about;
but let de&longs;e grate big books of his honour
de lawyer, &longs;pake to de manager, for his
deceiving a poor &longs;harvant, and putting it
in his head to run away, and lave a good

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ma&longs;ter; and his beating him with a grate
cudgel into the bargain.

I have no de&longs;ire, &longs;aid the Captain, to
pur&longs;ue the bog-trotter; as he has made
acknowledgments for his fault; but would
want the utmo&longs;t rigour of the law to be
put in force again&longs;t the player.

You have al&longs;o in this ca&longs;e a double remedy,
&longs;aid the coun&longs;ellor; by pro&longs;ecution
on the part of the &longs;ervant, and on your
part. Nay, the &longs;ervant him&longs;elf has a double
remedy; for he may pro&longs;ecute by indictment,
or bring his action of a&longs;&longs;ault
and battery; or both. I would recommend
the action only; becau&longs;e, where no indictment
is pro&longs;ecuted, and the civil action
only brought, exemplary damages may be
given, as well as reparatory. For in the
civil action, it will affect the minds of a
jury, that the party has already &longs;uffered all
that is in the nature of puni&longs;hment by a
criminal proceeding; and nothing remains
with them, but to give reparatory damages.
On the part of the ma&longs;ter, two kinds
of action may be brought; either an action
of tre&longs;pa&longs;s, vi et armis, laying a perquod
&longs;ervitium ami&longs;it;
or &longs;imply an action
on the ca&longs;e, for the con&longs;equential damage
of inveigling the &longs;ervant.

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As to the number of remedies &longs;aid the
Captain, or the kind of them, I care very
little how many there are, or what they
are; I want only a good remedy; give
me a good &longs;wingeing one again&longs;t the ra&longs;cal,
and I care very little what it is called.

I &longs;hall then, &longs;aid the coun&longs;ellor, advi&longs;e
&longs;imply an action on the ca&longs;e; and count generally
on the inveigling, and detaining,
and rendering unfit for &longs;ervice while in
his power. In this mode, the whole circumstances
of the injury may be brought
together, and &longs;ummed up into one point
of view; and enhancing the quantum of damages,
can expatiate on the value of your
&longs;ervant, and the &longs;pecial occa&longs;ion you had
for his &longs;ervice, at this particular juncture;
for I make no doubt he is a valuable servant;
and that it has been an almo&longs;t irreparable
injury to you, to have been defrauded
of his &longs;ervice at this time.

As to his value, &longs;aid the Captain, there
can be no doubt, not only as a &longs;ervant,
but in other re&longs;pects. I have been offered,
or at lea&longs;t I &longs;uppo&longs;e I could have got, an
hundred pounds for him, to be a member
of Congre&longs;s, or to preach, or to go to
the Philo&longs;ophical Society, or to be an Indian
treaty-man; but have refu&longs;ed every

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[figure description] Page 133.[end figure description]

propo&longs;al made him, or me, for the&longs;e purposes;
and now to have him kidnapped,
and taken off, without fee or reward, and
employed as an actor, and beat, and rendered
u&longs;ele&longs;s, at lea&longs;t for &longs;ome time, into
the bargain, is too much for any man to
put up with. If there is law in the land, let
it be put in force; and this man made
an example.

The coun&longs;ellor had no need of spectacles,
to give him&longs;elf the appearance of a
glaring and broad look, on this occa&longs;ion;
for the words of the Captain made him
&longs;tare &longs;ufficiently, without the aid of a magnifying
medium, to enlarge his optics.
He began to take him for a madman;
at lea&longs;t, in &longs;ome degree, deranged in his
brain; to talk of his &longs;ervant being in request
for a member of Congre&longs;s, and the
like.

Yes, continued the Captain, he not only
inveigled away a &longs;ervant, that was
thought fit to be a member of Congre&longs;s,
and a preacher, and an Indian treaty-maker,
and a philo&longs;opher, and what not;
but has kept me, the&longs;e three days, trotting
after him, and trying to find him, at election
places, and in Congre&longs;s boarding-houses,
and the hall where they have their

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debates, and churches, and pulpits, and
chambers of philo&longs;ophical &longs;ocieties, and
profe&longs;&longs;or&longs;hips, and where not; to &longs;ee if
I could find him; while this manager had
him, in the mean time, at rehear&longs;als,
teaching him the art of mimickry, for the
&longs;tage.

The coun&longs;ellor, in the mean time, had
reflected with him&longs;elf, that, whether madman,
or no madman, the Captain had
money, and might be a good client, let
his cau&longs;e be what it would; and &longs;o composing
the mu&longs;cles of his face, &longs;eemed to
agree with him; and ob&longs;erve, that doubtless
the quality and capacity of the &longs;ervant
would be taken into view, in e&longs;timating
the damages: That, if it appeared he was
not only fit &longs;tuff for a &longs;ervant; but to be
advanced to &longs;uch eminent offices as the&longs;e,
not only the inveigling the embryo legislator,
preacher, and philo&longs;opher; but the
a&longs;&longs;aulting and beating him, and, by that
means, di&longs;abling him from immediate service,
mu&longs;t be viewed in the light of an
atrocious injury, and in&longs;ure a verdict accordingly.

Very well, &longs;aid the Captain; and I &longs;hall
wi&longs;h to have the matter determined as
&longs;peedily as po&longs;&longs;ible, as I may be but a few

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days in town; and, be&longs;ides, as the marks
are yet apparent on the face, and, I suppose,
back, of the bog-trotter, it will appear
to the judges, and jury, without the
trouble of witne&longs;&longs;es, what damage he has
&longs;u&longs;tained.

The proce&longs;s of law, &longs;aid the coun&longs;ellor,
is tedious, but certain; you cannot expect
a trial, in this ca&longs;e, until the 3d or 4th
term; that is, nine months, or a year.

How &longs;o, &longs;aid the Captain? Becau&longs;e, &longs;aid
the coun&longs;ellor, it is now two months, or
upwards, before the court to which the
writ will be returnable. Even if a declaration
is then filed, the defendant may
imparl until the &longs;ucceeding term, which
is three months; when if there is no demurer
general or &longs;pecial, a rule to plead
will be taken, which may not be put in
until the &longs;ucceeding term of three months
again: At this term, if there is no replication,
rejoinder, &longs;urrejoinder, rebutter,
or &longs;urrebutter, to draw up and file,
while the defendant may crave a term, issue
will be joined, and at the next term
trial. But even after a verdict, there may
be the delay of a term, on a motion for a
new trial depending; &longs;o that in the law

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[figure description] Page 136.[end figure description]

there is delay; but this delay is the price
of ju&longs;tice.

It is a price, &longs;aid the Captain, that I
will not give for it. If you will bring it
about in a &longs;hort time to have this fellow
flogged, even with half the &longs;tripes he has
given my &longs;ervant, I &longs;hall not think the
half joe thrown away; but to be a year or
half a year about the bu&longs;ine&longs;s, is putting
the matter &longs;o far off, that it may as well
be omitted altogether. If you could only
get him &longs;entenced to take a kick or two
from my foot, or Teague's, before we leave
the city, I &longs;hould be &longs;atisfied.

The lex talionis, &longs;aid the coun&longs;ellor,
makes no part of our law. You can punish
only in e&longs;tate, not in per&longs;on, for a
&longs;imple a&longs;&longs;ault and battery, as this is. Do
you not hang a man for murder, &longs;aid the
Captain; and why not puni&longs;h per&longs;onally for
an a&longs;&longs;ault and battery? Becau&longs;e it is our
law, &longs;aid the coun&longs;ellor; and, in a civil
action, the object is damages.

A civil action, and damages, are &longs;trange
phra&longs;es, &longs;aid the Captain; how can civility
and damages, be reconciled.

The&longs;e are technical terms, &longs;aid the
coun&longs;ellor, which per&longs;ons, not of the prosession,
are at lo&longs;s to under&longs;tand; but

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[figure description] Page 137.[end figure description]

have, in them&longs;elves, a di&longs;tinct and sensible
meaning.

Let the terms mean what they will, &longs;aid
the Captain, it all comes to this at la&longs;t—
There is no getting at the manager, under
a year, or two year's race for it; before
which time, Teague will have forgot
the abu&longs;e he has received, and I my trouble
in running after a &longs;trayed Iri&longs;hman,
through this city; and, therefore, it may
be as well to give the matter up, and &longs;it
down with the lo&longs;s.

That as you plea&longs;e, &longs;aid the coun&longs;ellor;
and putting on his &longs;pectacles, ca&longs;t his eye
again upon the black letter.

The Captain, without bidding him ki&longs;s
his back&longs;ide, beckoned to Teague to follow
him, and withdrew from the chamber.

Having retired; Teague, &longs;aid the Captain,
this thing of law has been well &longs;aid
to be a bottomle&longs;s pit. The way to it is
like that to the &longs;hades;


—Facilis de&longs;cen&longs;us averni;
Sed re&longs;erre gradus, hic labor, hoc opus e&longs;t.
This pettifogger &longs;eemed to have a thousand
remedies at his command, and yet
none that would &longs;erve us; as the redre&longs;s,

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if any, is to be po&longs;tponed to &longs;uch a di&longs;tant
day. I have heard a great deal of the&longs;e
cattle, and I believe they are be&longs;t off that
have lea&longs;t to do with them. They have
&longs;o much jargon of technical terms, that
the devil him&longs;elf cannot under&longs;tand them.
Their whole object is to get money; and,
provided they can pick the pocket of half
a joe, they care little about the per&longs;on
that con&longs;ults them. The fir&longs;t lo&longs;s is the
be&longs;t; you had better put up with the currying
you have got, than have my pocket
picked, on pretence of redre&longs;s a year or
two hence, which may, perhaps, prove a
century.

Teague was contented to put up with
the drubbing, and have no more &longs;aid about
it.

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THE Captain had con&longs;oled him&longs;elf
with the idea that Teague was now
cured of his folly, and would no more be
di&longs;po&longs;ed to entertain notions of ambition,
and unrea&longs;onable projects. He was disappointed
in his hope; for that very evening,
the Iri&longs;hman wa&longs;hing down the recollection
of his woes with &longs;ome exhilerating
drink, and though not intoxicated, but
enlivened only, he came to the Captain:
Said he, Dear ma&longs;ter, what would your
anour think, if a poor &longs;harvant &longs;hould
turn lawyer; and get a half joe when a
cu&longs;tomer comes to con&longs;ult him in the
morning? would it not be better than
currying a hor&longs;e, and tratting about like
a big dog; with no &longs;en&longs;e to live like a
man of fartune, and have a big hou&longs;e over
his head, and books about him, and
take half joes from paple that come to him
about their quarrels and batings, through

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de town, and &longs;ending dem aff as wi&longs;e as
if dey never had come to him, and de
great &longs;pectacles, to look like a blind man,
dat was blind before he was born, and
could &longs;ee more than two or three other
paple, for all dat; and was a canjurer,
and a wizzard, and could take money for
nating. Would it not be better, ma&longs;ter,
than tratting like a fool, and di&longs;puting wid
paple, and having nating to lay up; but
be as poor as a church mou&longs;e, or a rat, all
the days of our life, and paple laugh after
us when we are gone.

The Captain was thrown into a reverie
of thought, by the &longs;peech of the bog-trotter;
reflecting, that his pre&longs;umption
and folly was incurable; for, notwithstanding
all that had been &longs;aid to him, or
&longs;uffered by him, his natural propen&longs;ity remained
the &longs;ame; according to the maxim—
Naturam expellas bufurca, u&longs;que recurret;
You may to&longs;s out nature with a
pitchfork, &longs;he will &longs;till come back upon
you. Not &longs;o much from any further view
of reclaiming him, as from indignation,
and re&longs;entment, again&longs;t his pre&longs;umption,
the Captain projected, in his mind, a farther
means of cha&longs;ti&longs;ing him. He had
heard of a work-hou&longs;e, in this city, into

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which refractory &longs;ervants are committed,
and put to hard labour; &longs;uch as pounding
hemp, grinding plai&longs;ter of Paris, and picking
old ropes into oakum. He re&longs;olved to
have the raggamuffin put into this a while.
Counterfeiting, therefore, an approbation
of his project of becoming lawyer, doubtless,
&longs;aid he, the profe&longs;&longs;ion of the law is a
profitable bu&longs;ine&longs;s, where money is very
ea&longs;ily got, by the bare breath of the
mouth. Neverthele&longs;s, it requires time and
&longs;tudy to qualify for this profe&longs;&longs;ion. Nay,
the introduction to the &longs;tudy, by being
put under an eminent lawyer, in full practice,
is it&longs;elf very expen&longs;ive. An hundred
pi&longs;toles is &longs;ometimes the fee. This I could
not very well afford; but I have an acquaintance
in this town, who, I am persuaded,
would be willing to oblige me,
and will take le&longs;s. I will call upon him
early to-morrow, and &longs;ettle the contract.

Accordingly the next day, calling on
the keeper of the work-hou&longs;e, he gave him
an account of his refractory &longs;ervant, and
with a gratuity of a couple of guineas, obtained
his con&longs;ent, to take the bog-trotter
under his direction, and give him a few
le&longs;&longs;ons in picking oakum, and grinding
plai&longs;ter of Paris, and pounding hemp, not

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[figure description] Page 142.[end figure description]

withholding, in the mean time, a &longs;ea&longs;onable
application of the cow&longs;kin, in the intervals
of &longs;tudy of the&longs;e &longs;everal branches of the
law. For the idea was to be impo&longs;ed upon
Teague, that this was an office, or as
it were an inn of court, or chamber of
the Inner Temple; and that the &longs;everal
flagellations, and grindings, and poundings,
were &longs;o many le&longs;&longs;ons, and lectures,
to qualify him for the practice of the law.

It happened, fortunately, that the keeper
of the work-hou&longs;e was well qualified
for the ta&longs;k; for, in early years, he had
been put an apprentice to an attorney, and
had &longs;ome opportunity of attending courts,
and hearing the names of books to which
the advocates referred in their pleadings;
but having a turn for extravagance, and
a di&longs;&longs;olute manner of life, he had come to
poverty, and, through various &longs;cenes, to
jail. There, by addre&longs;s, he had gained
the good will of the jailor's daughter,
whom he married; and, by the intere&longs;t of
his new father-in-law, having obtained his
liberation, he was, from acting as deputy
jailor, in a &longs;eries of time, at length promoted
to be the keeper of this work-hou&longs;e.
Indeed, from his employment, being acquainted
with the pri&longs;oners, and finding

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him&longs;elf &longs;ometimes intere&longs;ted in their fate,
and being led to attend their trials, he
had, even in his la&longs;t capacity, been a good
deal about courts, and heard law phra&longs;es
and books mentioned.

Accordingly, when Teague was introduced,
which was that very afternoon, he
had, at his command, the names of the
abridgers, and reporters, and commentators
of the law, and the technical terms in
the commencement and proce&longs;s of a &longs;uit;
&longs;o that, when the key was turned, and,
after having &longs;tript him of the linen doublet
that was upon him, he began to give
him the fir&longs;t application of the cow&longs;kin,
he told him this was reading Wood's Institutes;
and when, after this, he was sentenced
to an hour or two's hard labour,
at grinding plai&longs;ter of Paris, this was called
Coke upon Littleton; and when the employment
was varied, pounding hemp, or
picking oakum, it was called Hawkin's
Pleas of the crown, or Fo&longs;ter, or 4th
Black&longs;tone, &c. When the poor bog-trotter,
reduced to a &longs;keleton, living on
bread and water, complained of the hard
u&longs;age, and offered him&longs;elf a &longs;ervant for
life, to curry hor&longs;es and bru&longs;h boots, to
any Chri&longs;tian creature that would take him

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out of that place; he was told, that, as he
had begun the &longs;tudy of the law, he mu&longs;t
go through with it; that that was but the
commencement of the &longs;uit; that in a year's
time he would learn to file a declaration;
in another, to put in a plea; in a third,
to join i&longs;&longs;ue; and in a fourth, to conduct
a trial; that unle&longs;s a bill of exceptions
had been filed, or there was a motion, in
arre&longs;t of judgment, or a writ of error
brought, he might be admitted the fifth,
and begin to practice the &longs;ixth year: At
all events, provided he would &longs;ubmit himself,
with due application, to fa&longs;ting, and
cow&longs;kinning, and grinding plai&longs;ter of Paris,
pounding hemp, and picking oakum,
he might be a lawyer the &longs;eventh year,
and wear &longs;pectacles, like coun&longs;ellor Grab,
and take half a joe when he thought proper.

I know not by what &longs;imile to repre&longs;ent
the howl of the Iri&longs;hman, at this pro&longs;pect of
the duration of his woes. It was like that
of a wolf at the bottom of a well, or a
dog that had lo&longs;t his ma&longs;ter, or a cow
her comrade, or &longs;ome forlorn wanderer
that has mi&longs;&longs;ed the way, and given up all
hopes of being extricated from the wilderness.
At the various applications of the

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[figure description] Page 145.[end figure description]

cow&longs;kin, he had jumped, and cur&longs;ed, and
&longs;wore, and prayed, and be&longs;eeched, and
promi&longs;ed a thou&longs;and &longs;ervices, of currying
hor&longs;es, and bru&longs;hing boots, and trotting
where ever he was ordered, provided they
would &longs;et him at liberty. When employed
at the hard labour, before mentioned,
he had groaned, and cur&longs;ed the law, the
coun&longs;ellor, and the half joe. Ah, thought
he, if my dear ma&longs;ter, the Captain, knew
how hard a ting it was to &longs;tudy law, and
to fa&longs;t widout ating or drinking, and be
bate wid a cow-&longs;kin, he would not have
given the hundred pi&longs;toles, nor the half
of it, to have had me kicked and cuffed
in dis manner: I would give body and
&longs;houl into the bargain, if I could &longs;ee him
once more at that iron gate there, to &longs;pake
to him, and be&longs;ache him to take me out
of this purgatory. He was a good ma&longs;ter;
and when I was a fool, and wanted to be
a member of Congre&longs;s, and prache, and
be a phalo&longs;ophar, he told me, Teague,
you are a fool; and what they would do
wid me there; how they would bate me,
and ate me, and take de &longs;kin aff my back,
and make a cow or a &longs;hape od me; and
now I am wor&longs;e than a cow or a &longs;hape,
or a hor&longs;e in de tame; for I am cut, and

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curried, black and blue; till my fle&longs;h is
raw, and a cholic in my belly, wid fa&longs;ting;
and all to &longs;toody dis law. The devil take
coun&longs;ellor Grab, and de half joe.

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THE Captain having been led to think
&longs;o much of law, of late, was &longs;truck
with the idea of vi&longs;iting courts of ju&longs;tice,
and hearing &longs;ome of tho&longs;e ca&longs;es argued,
which come before them. Understanding
that a court was then &longs;itting, he resolved
to take the opportunity of the interval
of Teague's purgation, in the workhouse,
to amu&longs;e him&longs;elf with the pleading
of the advocates. Accordingly, repairing
to the court hou&longs;e, he took his place amongst
the crowd, and li&longs;tened to what
was going forward.

What came before the court was a motion
in arre&longs;t of judgment. A Jonathan
Mun had been indicted, and found guilty
of “felonoiu&longs;ly taking and carrying away
water out of the well of Andrew Mab.”
It was moved in arre&longs;t of judgment, that
larceny could not be committed of water
in a well, it being real property; for it

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[figure description] Page 148.[end figure description]

was a di&longs;tinction of the common law, that
larceny could not be committed of things
real, or &longs;avouring of the realty, Black. 232.
2 Ray. 470. Hawkins, &c. So that taking
away the &longs;oil was merely a tre&longs;pa&longs;s;
and taking away the water could be no
more.

It was an&longs;wered, that water being fluitans,
et mobilis,
could not be con&longs;idered
as real property; that an ejectment would
not lie for water, but for &longs;o many acres of
land covered with water, Yelv. 143. 1
Burr. 142. Becau&longs;e it was impo&longs;&longs;ible to
give execution of a thing which is always
tran&longs;ient and running, Run. 36. quotes
Cro. Jas. 150. Lev. 114. Sid. 151.
Thence it is that in a grant of the &longs;oil it is
nece&longs;&longs;ary, as we &longs;ee from old forms, to add
the right of ways, woods, and water-courses,
Lilly. Con. 132. and 179. Bridg.
Con. 321. That whatever might be &longs;aid
of water in its natural bed on the &longs;oil,
as water in a running &longs;tream; yet a well
being dug by the labour of hands, the
water thus acquired, mu&longs;t be counted as
per&longs;onal, not real property. Barbcray,
Titius, and Locke. That at a well, the
water being drawn up by the bucket, and
thus by one act &longs;eparated from the

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[figure description] Page 149.[end figure description]

freehold, and by another taken from the bucket,
it becomes a &longs;ubject of larceny; as in
the law of corn, trees, or gra&longs;s growing.
For if the&longs;e be &longs;evered at one time, and
at another time taken away, it is larceny.
Hawk. Pl. Cr. 93.

It was replied, that an ejectment would
lie of water in a well; for here the water
is fixed in a certain place, within the
bounds and compa&longs;s of the well; and is
con&longs;idered as part of the &longs;oil. Run. 37.
That, ex vi termini, in the indictment,
“out of the well,” it mu&longs;t be con&longs;idered
as water ex, out of, or from the well;
that is, water &longs;evered by the very act of
taking; for otherwi&longs;e it would have been
expre&longs;&longs;ed, by “water out of the bucket”
of Andrew Mab; not out of the well;
and &longs;o the taking could not be larceny,
but tre&longs;pa&longs;s; as in the ca&longs;e of a tree
that is cut down at one time, and taken
away at another; or apples growing on a
tree, or &longs;haken down and gathered from
the &longs;oil; the fir&longs;t being a tre&longs;pa&longs;s, the second
larceny.

Curia advi&longs;ari vult.

The Captain whi&longs;pering to lawyer Grab,
enquired what difference it made in the

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puni&longs;hment, whether it was larceny or trespass?
He was an&longs;wered, that in the one
ca&longs;e it was hanging by the common law,
and in the other to pay the value of the
property. A very material difference indeed,
&longs;aid the Captain, to depend on &longs;o
nice a di&longs;tinction.

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Brackenridge, H. H. (Hugh Henry), 1748-1816 [1793], Modern chivalry: containing the adventures of Captain John Farrago, and Teague O'Regan, his servant. Part I. Volumes 1-3 (John M'Culloch, Philadelphia) [word count] [eaf800].
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