THAT is not a humane sentiment; for though we
have wrongs from England, yet I wish a war put off as long
as possible.* Though I see that in the nature of things
“offences will come, and wo to him by whom they come,”
says the scripture. The ultima ratio regum, though the
most effectual, is the hardest logic that can be introduced.
But when I used the words,

“Once more to the breach,”

“Another whet at the ram.”

It is a matter of great self-denial in me not to introduce
more quotations from the Latin classics; but I am
unwilling to incur the imputation of pedantry, which persons
who do not understand the language, are apt to bestow
upon those who indulge themselves in this liberty
of quotation from the Roman writers. And yet to myself
it is extremely pleasing; because I see great beauty
in the turn of expression in that language; but still
more in the Greek; though I do not quote it, because
there are few printers who are furnished with Greek
types, and can set the words. As to French, I am not

[figure description] Page 096.[end figure description]

unacquainted with it, but never have come to like the
language; that is, to relish it, and to feel the delicacy of
an expression perfectly, as setting off the thought. Nevertheless
I am not wholly insensible of the neatness and
perspicuity of the stile of some writers in that language,
in preference to others, as of Voltaire, or Russeau, compared
with the bulk of those who have gone before
them. But of all languages that I have ever tasted, the
Greek, unquestionably, with me, has the preference;
and yet it cannot be supposed that I understand it as
well as my vernacular; nor within many degrees of it;
and yet I think it a thousand times superior. Bred in
a soft air, and warm climate; whereas the English
would seem to have been frozen in the north, before it
began to be spoken by man; or rather it was first spoken
by frozen men. Certain it is, that cold climates give a
rigidity to the fibre, and harden those muscles by which
the articulation is performed. Pinkerton the greatest
philologist of modern times, at least that I am acquainted
with, thinks that the Greek is derived from the German;
and that the German is the original Persian: that
in some convulsion of the Persian empire, at an earlier period
than we have any account of, some portion of that people
had emigrated, and passing to the north, had made the
circuit of the Caspian, and Euxine seas; and, at length
established themselves in the heart of Europe. I can
more readily conceive the Persian hardening into the
harshness of the German sounds, than of the German
softening into the fluidity, and sweetness of the Greek
accent; but that there is a great affinity between the
German, and the Greek, there is no one who understands
both languages, but must admit. Both have a
dual number; but independent of this, it is a proof of
the affinity, that a German can easily learn to pronounce
the Greek gutturals; whereas to those of most other
nations, it is difficult. That the Germans used the Greek
alphabet in the time of Julius Cæsar, appears from his
commentaries; though some have attempted to lessen
the evidence of this, by changing the words, Grecis literis,
into Crassis literis utuntur; but clear it is, that a
long time must have elapsed in the amelioration of the
German into Greek; though I do not altogether reject
the idea of these being the same language originally, as
Pinkerton has endeavoured to prove, both by the authority
of writers, and by an historical deduction of the

[figure description] Page 097.[end figure description]

origin of ancient nations. I must acknowledge that until
I had read his dissertation, I had been inclined to
think that the Germans had been a people distinct from
all others from the creation of the world; for it is remarkable
that in the time of Julius Cæsar, before any
mixture of other nations had intervened, the colour of
the eye, and the hair of all, were the same; the blue
eye, and the yellow hair—


Cærula quis stupuit, Germani lumina, flavam
Cæsariem— —
This quotation is from Juvenal, who puts this national
characteristic of feature, upon the same footing as to being
common with the swelling of the neck in Switzerland.

Quis tumidum guttur miratur sub alpibus.

[figure description] Page 098.[end figure description]

on interrogating individuals as to their sensations, I have
been informed by them, that they are sensible to every
change of weather, from dry to moist, and can perceive,
to use their own term, a fluttering in that part of the
neck, on the approach of rain. I am not of opinion,
however, that the cause, whatever it may be, has the
least relation to marsh miasma; for the locus in quo, as
the lawyers say, where this disorder is known, is as free
from fever, as the driest regions.

But I return from this digression to the subject we
were upon, the origin of the Germans, and the language
of that people. I feel the more interested in this disquisition,
because the Saxon, which was my vernacular
tongue, is a dialect of the ancient German; and the mother
of the English. The dialect that is spoken by the
common people in Cumberland, and the adjoining country
of Scotland, called the low lands, is Saxon. It is in
this dialect that the old comedy of Gammer Gurton's
Needle is written, which is the prototype of the Gentle
Shephard of Allen Ramsay. Many of the scenes, that
of Maudge the witch, in particular, are evidently borrowed,
so far as respects the character of the personage.
I wonder that it is not looked up, and printed with the
Gentle Shepherd, that it may be seen how nearly they
resemble. It will be found in a collection of old plays,
by Dodsley; amongst which the model of Shakespeare's
Othello, in a tragedy by a certain Jan, or John Pafre,
will be seen. In looking over these, it will appear that
what is called blank versification, was written with great
felicity before his time, in that fluent way which he has
preserved, and which is the only way in which it is tolerable
to me, that of Milton excepted. For the versification
of neither Thompson, or Young, do I greatly relish;
and that of Cowper as little. Congreve comes the
nearest what I can bear.

But I recur to a consideration of the language of nations,
not meaning stile in composition, but the sounds
by which ideas are expressed; and those sounds attempted
to be communicated by letters of the alphabet; I say,
attempted; for after all that can be got by the arbitrary
marks which we call letters, it is by the ear alone that
we can catch the real sounds that are intended; it is
only by a length of time that the ear can catch a sound, or
the tongue be brought to imitate it. It for this reason
that it is thought that those who have a taste for music,

[figure description] Page 099.[end figure description]

and some facility in catching a tune, could most easily
acquire the pronunciation of a language; though I have
my doubts of this; for there seems to be no immediate
connection between the faculty of singing, and of speaking
merely; not that I will undertake to say that softness
of features and softness of voice are not connected;
for beautiful features always appear to have more delicacy
of expression, than the homely; and a handsome
woman to sing more sweetly, if she can sing at all, than
one that is what we call an ordinary person; whether
it is that the imagination cheats the ear, and what is
more lovely to the eye, is also more pleasing to that organ.
A young man in the pulpit is thought to possess
greater powers of oratory in proportion as he has the advantage
of personal appearance. In fact the goodly person
has the advantage before any audience. Cicero considers
stature, as an advantage to the orator. A public
speaker must be tall; or have such powers as to be able
to make those that hear him forget that he is of a small
stature. This was in the power of Garrick, according
to the poet Churchhill.

It strikes me as very extraordinary that those whose
province is speaking, do not think of assisting the personal
appearance more, by the article of dress: I mean
in the costume or model of the coat, which is that of the
labourer, rather than of the man of the gown; I meant
to have said of the long robe; for the vest and coat that
sits close to the body, and is short, has not the dignity of
a more loose and flowing garment. And hence a speaker
appears better in what we call a surtout, than in that
which sits tight to the body. He will feel more easy in
such a vestment; though he must be careful when he
turns his back to the fire not to burn the tail; but at the
same time, it will not do to take it up in order to warm

[figure description] Page 100.[end figure description]

his backside, because a delicate man will not wish to
have it brought into view that he has a backside to warm.
For nature having an antipathy to the posteriors has turned
them behind, which Longinus notices, as an illustration
of a precept of good writing. It is true the jocky-coat,
being slit behind, a corner may be taken up under
each arm; but the attitude is ungraceful. A friend of
mine once, for whom I had a great good will, introducing
his son, asked my opinion what he should do with
him—He had given him some education, and was at a
loss, whether to put him to study law, physic, or divinity.
I recommended to a handycraft employment. But
an experiment of a learned profession being uselessly
made, the father, after some years, wondering at the sagacity
I had discovered, having had no opportunity at
the time I had given my opinion, of knowing any thing
of the lad, but just seeing him on his being introduced to
me, enquired on what ground I had formed my judgment;
I told him frankly, that I had seen at a glance
what he was in the stamina of his mind, by the manner
of his turning his back to the fire, and taking up his coat
behind. For there is a delicacy of feeling which always
accompanies genius; and which shews itself in even the
smallest particulars. A diligent observer will find in
what may be thought the most indifferent actions, enough
to indicate the portion of intellect which has fallen to the
share of a young person. For as a great general at a
coup d' oeil, or glance of the eye, can catch all the advantages
of ground to draw up upon, and manœuvre his
army; so one acquainted with the human physiognomy,
and is attentive to the movements of the body, can give
a pretty good guess whether the boy is to be denominated
a John Bull-calf, or Nicholas Bottom the weaver.
I have not the same skill in the female character, and
might be mistaken in my ideas of what a young lady
might be brought to be; but having been employed a
great part of my early life in the academies, and in the
instruction of youth, I had acquired some degree of sagacity
in distinguishing the aptitude for pursuits in life.
And I cannot say that this has been the source of much
advantage to me; but on the contrary, of much vexation,
to see those whom nature intended for hucksters, and
haberdashers of small wares, pushed forward into the
learned professions, and calling themselves lawyers, or
affecting to be politicians, and conductors of the affairs

[figure description] Page 101.[end figure description]

of government. I well know that no man's opinion can
be considered as importing absolute verity; but so far
as my opinion will carry weight with it, I can say that
I have known judicial characters who, if things had taken
place according to their gravity in the moral world,
would have been at the bottom of the stair-case; at
least would never have risen higher than keeping a shop
of merchandize, and in that situation might have been respectable.
For far be it from me to undervalue men's occupations
under whatever denomination. It is the unfitness,
the incongruity of talents for the occupation, that I arraign.

Felices agricolæ, sua si bona norint.

But returning from this digression to the thread of
our discourse. I take it, the Basternæ were that people
from whom the Saxons of the Weser and Vistula were
principally descended. For after their repulse by the
Romans, under Augustus, when they attempted to enter
Thrace, they would seem to have pressed upon the
west of Europe, and occupied this quarter. The Getæ
or Goths, were more upon the Rhine, and the heads of
the Danube.

Turner, in his history of the nations which have emigrated
from beyond the Elb, has proved or rendered it
extremely probable, that a great country was lost during
the dark ages, on the west of Europe, of which Greenland,
and Iceland are remains. For it appears from the archives
of Denmark, that from very ancient time, that kingdom
had colonies in that quarter; and an intercourse had
been kept up which had been discontinued during the
adumbration of the north from the inundation of barbarous
nations. We are certainly but little acquainted with
that corner of the earth; the Romans having had no
knowledge of it; much less the Greeks living more remote
from the scene. It is but extremely little we know
of the earth we live upon, so far as respects mankind;
nor, perhaps, is it to be regretted; for to what purpose
would it be to know more, but to increase our knowledge
of bloody battles; or, of individual misery. Would it
not rather be desirable that the whole remembrance of
past events was struck out of our minds, and that we
had to begin a new series? What happens every day

[figure description] Page 102.[end figure description]

now, is so like what happened before, that the sameness
is wearisome. Instead of consuming so much time in
acquiring a knowledge of history, we might employ ourselves
in searching the mountains for simples, or digging
for minerals. Chemistry begins to be once more a fashionable
study; but the fine arts, music, painting, poetry,
and architecture, occupy so much of the time of
education for a young person, that there is not leisure,
or space left for the more useful pursuits. I have not
mentioned statuary; for there are few amongst us that
handle the chisel in any other way than as joiners, or
carpenters. Caruchi was guillotined as being concerned
in constructing what was called the infernal machine,
for the purpose of blowing up Bonaparte. It is astonishing
that one so far above his species in the divine art of
imitating a man by the fabrification of the hand, should
have thought of destroying an original. It was this Caruchi
that proposed the representation of in
sculpture, ringing the rivers from her hair. David the
painter, is also one of those wonderful personages; for
such I call them, who possess the sublime of genius in
one of the fine arts; that of painting what would seem
extraordinary; he was said to be one of the most bloody
of the revolutionary tribunal, at least subservient to them.
Now there is a delicacy, and fineness of mind, so to speak,
in such kind of intellects, that it astonishes me, how cruelty
can find its way to mix with it.

Is there reason to suppose that this earth is, with respect
to some superior order of beings, but a beehive;
and that they are amused looking at our working? It
is humiliating enough, to conceive so of our insignificance,
and therefore I repel the idea; but supposing it
be so, it must be amusing to them to see the same revolutions
over again in the moral world. The like abstract
notions in metaphysics, and theology, with similar experiments
in government. For it is true what the wise
man observes, “there is nothing new under the sun.”

I have no idea that the Theagony of Hesiod, as it is applied
to action in the Iliad, and Odyssy of Homer, and
continued down in the Eneid of Virgil, will be revived
in the faith of nations while any vestige remains of the
credence. For there must be novelty in the hypothesis
that will attract. Though I will admit that boldness, or
rather extravagance in the belief, is most likely to be
successful.

[figure description] Page 103.[end figure description]

The preceding dissertation on the origin of the languages
of Europe, and incidentally upon other subjects,
may seem incongruous with the nature of this work;
did it not occur to a diligent observer, that there can be
nothing incongruous, or inconsistent, with a book which
embraces all subjects, and is an encyclopedia of the sciences.
It is an opus magnum, which comprehends law,
physic, and divinity. Were all the books in the world
lost, this alone would preserve a germ of every art.
Music, painting, poetry, &c. Statuary it says the least
about. Nevertheless, some hints are given that will
serve to transmit the reputation of Phidias and Praxiteles;
and stimulate the efforts of the chisel upon stone,
in generations yet to come. Yet, disliking egotism, and
all appearance of vanity in others, I am unwilling to emblazon,
beyond what is moderate, a production of my
own. But, to speak my mind a little freely, leaving the
bible out of the question, which taking it even as a human
composition, may be termed a divine book; a collection
of tracts unequalled in all ages by other writers; and conceding
to Homer his superiority; and to Shakespeare,
and Plutarch's Lives, I do not know, but I certainly flatter
myself, that my performance may occupy the next
grade. But I will not say more at this time, least I be
accused of boasting, and be called a braggadocia; an imputation
carefully to be avoided by all who would escape
envy, and the vexations of that malignant passion.

eaf801n3

* This was written before the war.

CHAPTER II.

[figure description] Page 104.[end figure description]

THE neighbouring country being peopled a good
deal from the north of Ireland, the early teachers of youth
were from thence. What were called redemptioners, or
persons unable to pay for their passage, contracting to be
sold in this country for what time might be necessary to
raise the money, were bought for schoolmasters; or put
to that employment in the summer; and in the winter to
weaving, or cord-waining, or whatever other trade, or
occupation, they were qualified to exercise, from the
use of it in the old country. It was in this way that
Greece had her first preceptors from Crete; and again,
Rome from Greece. And in the same manner, letters
were brought into Italy, by the emigrants after the fall
of Constantinople. It was under the tuition of one of
these that the governor had been taught the first elements.
The master, as he was called, had a small staff
attached to a strap of leather cut into thongs; the flagellum,
or whip, and ferule in the same instrument. Nor
was he sparing in the use of this inforcer of discipline.
For as he had not a facility of communication of ideas,
it was necessary to drive more by the hand; for “when
the iron is blunt, you must put to more strength:” which
was rendered still more necessary from the want of
those introductions to spelling, by division of words into
syllables, which are now in use. Thornton in his prize
essay, on the facilitating early pronunciation, has shown
the advantage of beginning with the consonants, to give
the sounds, and letting the vowels follow. Thus, ba, be,
instead of ab, or eb. But such nicety was not attended
to by the resolute men by whom the youth of that day
were initiated in the first mysteries. The conjoining,
and the reaching of sounds, was less studied; the system
being that of direct force. I have seen a score go through
their facings on a Monday morning, by flagellation; for
it was thought most advisable to whip first, and go to get
their tasks afterwards. And in proportion as the schollar
was a favourite, he was the more roughly handled.

A higher grade of men of this education, and discipline,
had got possession of the pulpits; the leading

[figure description] Page 105.[end figure description]

doctrines of which, in the mouth of some of these, were not
calculated to give the most favourable impressions of the
nature of the divinity.

It is of a later period, that we are indebted to this cunabula
for editors of papers.

Said I, to one of these, why do you attack me, who have
no ill will to you? God love your shoul, said the Paddywhack,
it is not you I am attacking; it is the party. This
set me a thinking; and certainly one has no more reason
to be offended with a shot from one of these; for they
mean nothing more personal, than with the gunner who
points the battery. It is not an individual that he aims
at, as individual; but as one of the squadron; the more
eminent in character, the more prominent to the aim;
and instead of defamation, it is a compliment, to be
thought worthy of a piece levelled, or the artillery directed.
In the midst of abuse, this has reconciled me to the
bearing it; and, in fact, in the contention of parties, the
passing by a man, is a sure proof that he is insignificant.

Speaking of foreign emigration, it occurs to me to
say a few words on the subject of French influence: and
in doing this, I must take notice, that those who canvass
this matter, do not go far enough back. It could not
but have been agreeable to France, to hear of the revolt
from the authority of Britain, being a rival nation; and
the presumption was, that France would at least wish
well to the opposition. In fact, they did wish well, and
at a very early period, began to discover it in acts. If she
did not openly receive our ambassadors at first, she did
privately; and under the idea of commercial arrangements
by individuals, she slurred supplies of ammunition,
and the means of war. French engineers and soldiers of
fortune, came to serve in our armies; and young nobility,
as to a military school. Even an army came in due
time, when she had acknowledged our independence;
and French money was distributed: many thousand
French crowns were circulated. But for this we could
not have carried on the war. France is certainly opposed
to our giving up our independence, and returning to
our obedience to Great Britain. But, be this as it may,
certain it is, that the success of the French arms,
at Marengo, at Jena, at Austrelitz, at Friedland, at
Wagram, and other places, have obstructed our re

turn; which may be termed an indirect French influence.

[figure description] Page 106.[end figure description]

I shall not pursue this train of thinking; it is enough
to have given a hint. It cannot be denied, however, but
that one thing the French have done for the world, the
advantage of which all protestants will agree in admitting;
the putting down the Pope. Nor is the prospect
hopeless, but that Mahomet will be reduced; a thing remembered
in the prayers of those whom we call the
faithful, for a long time in Christendom.

CHAPTER III.

[figure description] Page 107.[end figure description]

THE mind of man is active, and the great secret of
managing it, is to find employment for it. L' ennui,
for which we have not a correspondent English word,
is the feeling of a vacant mind. We had a phrase in the
old Saxon, and which still exists in that dialect of it which
we call broad Scotch which hits it exactly; it is to think
lang.

The mind inactive loses its spring; and it ought to be
the study of all who are concerned in the early education
of youth, to devise employment for them; and in
communities, to find means of occupying the grown persons.
This to keep the man from pursuits that are injurious
to himself or to others. Where an army is not
to be raised, and soldiers enlisted, the making turnpike
roads, and digging canals, is an excellent substitute for
this draught of the superfluity of population, and a proportion
of society who have not the foresight, or perseverance
to devise employment for themselves. Hence
it is, that they are mustered in elections by the ambitious,
for their own private views; and these are they who are
made use of to call out for a change of the constitution;
Not that all who make use of them for this purpose,
mean more than to advance themselves by the aid of the
confusion which they excite. For when men are out of
power, they wish the drawing of the lottery to begin
again, and the prizes drawn to go for nothing. The blanks
that are drawn do not give satisfaction. Not but that the
common people are of themselves sufficiently disposed
to novelty. A desire of a change is the characteristic of
the multitude, at all times. And even if a man has no
prospect of ameliorating his condition, it helps a little
that it is not always the same. Though the next plank
is as hard as that on which a man lies, it is pleasant to
roll upon it. It is a great misfortune, when a restless

[figure description] Page 108.[end figure description]

spirit has a faculty of haranguing; and still more so, if he
has ideas, and can get himself placed at the head of a
paper. He is restrained by feelings of delicacy only in
proportion as he wants terms to express himself. If
one of these should happen to be of the kingdon emphatically
so called, because it has been but nominally a kingdom
for some ages, he brings the same licence into his
paper, that he shewed at the fairs of Liffy, or Tipperary,
with a shamrock in his hat, and a shilelah in his hand.—
Yet there is in the history of that people in their own
country, something greatly to be valued: their hospitality,
and generosity. An Irishman has no mean vices.—
He is brave and open in his enmity; and sets the law at
defiance, at the same time with the public opinion.

It is an old adage, an ounce of prevention, is worth a
pound of cure: or, as the mock doctor of Smollet has it,
Bestum est curare distemprum ante habestum.

It is but a slovenly way of reforming a man, to hang
him. Some indeed have their doubts whether it is lawful
to hang a man at all, or take away life in society.—
Certainly nothing can justify it, but the necessity of self-preservation.
If a man had killed five hundred, and the
remainder can be safe, the necessity of taking away the
life of the murderer ceases; and it is unlawful to put
him to death. But where a man kills one, a presumption
arises that he will kill two, and it is on the principle
of precavention that he is suspended, or otherwise
taken from society. Banishment is unquestionably the
proper mulct to him who has forfeited the benefits of
society. But the culprit may come back, and take and
repeat his blows; or he may commit mischief in the
place to which he is sent, or to which he may come; or
another society may refuse to receive him. But the
Jewish lawgivers said, “Whosoever sheddeth man's
blood, by man shall his blood be shed:” but if that is to
be taken strictly, hanging is no shedding blood; and yet
the murderer is hung, not beheaded.

The meaning is predictive; and as much as to say,
that in the natural course of things, the taking the life of
a man, leads to the loss of a man's own. But taking it
even as injunctive, and as pointing out that punishment
which retributary justice ought to inflict, it must be taken
as applicable to the Jews in the wilderness, whose unsettled
life did not admit of places of confinement sufficiently
safe to secure offenders. While they were

[figure description] Page 109.[end figure description]

journeying from Kadesh Barnea to Cushanrishatharim, they
must be at a loss what to do with the malefactor; and
therefore it saved trouble to despatch him from the
world. In a country where the sitting is permanent,
to borrow a phrase from the French national assembly,
and where strong buildings can be erected like the old
or new jail of Philadelphia, what necessity can there be to
put a man out of the world? He can be put to work, and
to make some amends to the community for the life he
has taken away, and the expence of bringing him to punishment.
As for himself, is he not more punished by
solitude, or labour, than by the infliction of death? It
does not follow, that if left to a man's self, he would prefer
confinement to death, that for this reason, the punishment
is lighter. He has not resolution to consult future
happiness, by the enduring present pain. But if it is left
to a man to consider whether he would wish to have his
enemy confined, or to undergo instant death, would he be
willing that his adversary should escape vengeance by
getting speedily out of the world? It might be a satisfaction
to him that the murderer should go to hell; but
he is not sure that he would go there; and when he has
him in a work-house, he is sure that he must work. Besides,
who can be of so diabolical a nature, as to be reconciled
even to a murderer going to hell; and why not allow
him space and opportunity to repent, as much as the
short life of man will allow, in a cell of confinement with
nothing but bread and water, at least until he gives signs
of repentance. Be this as it may, from all the examination
I have been able to give my own mind, I would think
a man more punished who had murdered, to see him in
a cell, than on a gallows; what I would think if I had
been murdered myself, supposing me still to have the
feelings of humanity, in another state, is a different question.
I might wish to have my adversary with me there;
in order to retaliate, and to have the gratification of retributary
vengeance. Unquestionably it must be a feeling
of this nature, and a putting ones self in the place of a
murdered person, that can lead to an idea that it is but
justice to the dead, that the murderer should die. It is
but an innovation in the common law of our ancestors,
the Saxons, to put to death, when a compensation could
be made to the public, and to the relations of the deceased
for the injury done, in taking away the life of an individual.

[figure description] Page 110.[end figure description]

It seems to be a dictate of nature; for the early ages
of man in all countries, sanctions this mode of atoneing
for injuries, not excepting murder itself. Where there
was a community of goods, compensation could not be
made in this way, and confinement and hard labour would
be the only punishment.

But, be as it may, if life must go for life, I dislike the
mode of taking it. The sus. per col. is an ugly minute
on the docket. I do not know that they could have done
better before the invention of gun powder; for beheading
is not much better; if not rather more shocking, from
the mutilation of the body. I would prefer shooting;
at least if I was to die myself by the order of the law,
that would be my choice; and through the breast rather
than the head; for I would not chuse to have the human
countenance disfigured. I saw once four deserters shot,
sitting on their coffins, and their graves dug beside
them, and yet with these terriffic circumstances, I
thought them killed prettily in comparison of being put to
death by the halter. The guillotine is too appaling, on
account of the apparatus. My mode of death, were it
left to my choice, I mean death forced, would be to fall
by a pistol shot by the hand of a mild compassionate female,
drest in white muslin, who would have fortitude
to be unmoved; because, in that case, death would be
presented with as little terror as the nature of the case
would admit. “To paint death as we do, is an injustice,
says the duc de Ligne. We should represent it in
the shape of a tall, venerable, mild and serene matron
with traces of beauty left on her countenance, and her
arms opened gracefully to receive us. This is an emblem
of an eternal repose after a sad life, replete with
anxieties and storms.”

I will admit, that the sudden impression, the theatrical
effect, so to speak, of a public execution, is calculated
to strike the multitude; but it is passing, and as to
the deterring from the commission of crimes, no punishment
can have any great effect. All depends upon the
ways and means of preventing; caution a priore, is the
most effectual. I have weighed a good deal in my mind,
the speeches of Julius Cæsar and Cato in the Roman
senate, on the sentence to be passed on the conspirators,
the associates of Cataline. That of Cato prevailed,
which was for the putting them to death; and with
good reason, on that occasion, which was in the midst of

[figure description] Page 111.[end figure description]

an insurrection, and when a confidence in the power of
government was necessary to be expressed, and the audacious
intimidated, shewing them what those who had
the administration dared to do, against those who had
so many of the populace on their side; and because also,
in those perturbed times, there was no secure keeping
them; they might have got out of custody in a short
time, and have gone to increase the numbers of the traitors.
Self-preservation, in this case necessity, dictated
the putting out of life; yet it is remarkable, with what
delicacy the Roman consul expresses the event, walking
down to the Forum after their execution: “Vixerunt,”
they have lived. The Greeks also, in their mode of expressing
the last offices, speak of having accompanied
the departed, a little way on their journey. “Odou cimarmenene,”
the appointed journey. What an impression
must we have of the manners of those times, when
torture preceded death; and death itself, was accompanied
with all the horror of circumstances. May not
the time come, when the putting to death at all, unless in
extreme cases, such as those alluded to, will be felt as
the proof of an uncivilized state of society; and a remnant
of barbarity still retained by the prejudices of the vulgar?

CHAPTER IV.

[figure description] Page 112.[end figure description]

THE visionary philosopher had not yet abandoned
his project of civilizing the brute creation, and teaching
them the arts and sciences. He had caught a young panther,
and, with a chain about its neck, had put it to study
law with a young man of that profession, who wishing to
get forward in the business, thought it could do him no
harm, though it might not do the panther much good to
undertake the task. But there were those who bore
testimony against this, being of opinion that lawyers were
bad enough, even when made of the best materials.—
This idea was supported by some sensible men, who
could not conceive that this animal of the cat kind could
ever be brought to be capable of explaining a matter to
a jury, or stating a point of law to the court.

The visionary philosopher taking fire at this opposition
to his discovery, invention, or improvement, or what
else it might be called, exclaimed abundantly. What is
it, said he, whether he may be ever able to explain himself
intelligibly at the bar? Cannot he grin, bite—

[There would seem here to be an hiatus in the manuscript,
or the sheets misplaced. The editor cannot connect
the narrative.]

It had come to the knowledge of the people, or, at
least, was projected in the mean time, that after the proclamation
for scalps, and the hunt which took place in
consequenc of it, the governor had been guilty of the
most manifest partiality in screening the bog-trotter, who
was as much liable as any person, no one having been
more noisy in beer-houses, and active at town meetings,
to bring about a convention, than he had been; with the
exception of Thady O`Conner, who had taken the benefit
of the insolvent act; and a few others who had been
refused tavern licences at the sessions. It was thought
to be a ground of impeachment to connive at the secreting
any one on such occasion.

The fact was, the governor was as innocent of the
charge as any one among themselves, and so he declared
to them; that for a considerable time past, he had ceased
to have a controul over the bog-trotter; that like

[figure description] Page 113.[end figure description]

Noctra Mullin's dog, he had been at his own hand, these
six weeks; that is, since he got in to be constable.

The affair was like to take a very serious turn, and
the people would not be satisfied; when Angus M`Donald,
the Scotch gardener, having knocked down the
panther that was studying law, and taken off a piece of
his hide, came forward with it, saying it was little matter
what had been done with Teague on the occasion alluded
to, since he had put the law in force against him
just now, and scalped him himself, as they might see by
the red hair, and the blood. There is nothing sooner
softens a passion, or calms a mad multitude, than the
yielding to it. Hence the fury abated in a moment; and
when it occurred to them that their remonstrance to the
governor had been the occasion of the tragedy, they began
to relent, and to blame themselves as having been
too precipitate in their representations.

The difficulty now occurred, what to do with the bog-trotter.
For it would not be safe that he should remain
in the government, and that it should be visible that the
scalping had been but a substitution, and not the genuine
exuvia of the man. Harum Scarum was of opinion
that it was best to knock him down in reality, and take his
scalp to the people, laying the deception at the door of
the Scotchman, as it really ought. The governor was
opposed to that, as it was to save him from an impeachment
that Angus, with great presence of mind, had bethought
himself of the stratagem, to divert the fury of
the populace.

But the visionary philosopher, in the mean time, enraged
at the murder of his crony panther, and the lawyer
with whom he was studying, dissatified, or seeming
to be so, the circumstance was explained to the people.
But they thought enough had been done for once, and that
it was not necessary to pursue the matter farther. In
fact, some of them were in the secret, and meant only
pastime from the beginning.

However, thinking it might not be amiss to be out of
the way for a while, the bog-trotter was sent over hill to
dig potatoes, at the farm of Niel M`Mullin, a neighbouring
gentleman.

CHAPTER V.

[figure description] Page 114.[end figure description]

It may be thought that in my allusions to impeachment,
I may have in view what has happened in this
state. It is probable, or rather certain, that it is this
which has led me to think upon the subject, and to introduce
it in a picture of democratic government, such as
that I am now describing. But if it is inferred from
thence, that I approve or condemn what has taken place
in this state, it will be unfair; or at least a misconception.
For I do not mean that any inferences, favourable
or unfavourable, should be made from it. On the contrary,
I am far from reprobating the power of impeachment
in the constitution, or finding fault with a discreet
use of it in practice. I look upon it, as the means of
avoiding tumults, and assassinations. When dissatisfaction
with the conduct of public officers, is suffered to
shew itself, and to have a vent in this way, the public
mind, having an opportunity of hearing grievances discussed,
and getting to know the real demerit, good or
bad, of the functionary, is more likely to be satisfied,
and it is safer for the object of the obloquy. Nor, on examination,
will it be found, that in many cases, where
there is a public dissatisfaction with an officer, there has
not been some foundation laid; if not in the very particular
that is made the subject of enquiry, yet in some
other that has led to it. As for instance; even in the
case of Scipio Africanus, where, perhaps, a just cause
has been the least suspected to have existed of all instances
of a great man impeached, that are to be found in
history. Yet if any one will read Livy attentively, in his
account of the way in which this young man came forward
into public life, he may anticipate the vexations he
experienced after he had accomplished great things for
the commonwealth. His error was, a premature competition
for office. Before the age allowed by law, he set
up for the Edile-ship, and carried it by the undue favour
of the populace. “Si me, omnes Quirites edilem facere
volunt, satis annorum habeo.” How arrogant the
expression; how insulting to the tribunes and Fabius
Maximus, and others of the senate who opposed it? His
offering himself for the proconsulate in Spain before his

[figure description] Page 115.[end figure description]

24th year, quatuor et viginti annos ferme natus, professus
se petere, was more excusable from the occasion.

But it was in some degree by an affectation of religion
and arts of dissimulation, that he had prepared the public
mind, to favour his premature pretensions. From the
time that he had put on the toga virilis, to this, he had
been preparing the minds of the people. There was
no day, before he did any thing private or public, but that
he went into the capital, and entering a temple, sat down,
and for the most part alone, in secret, and spent there
some time. This custom, which was preserved through
his whole life, whether designedly, or that it so happened,
procured credit to the opinion published by some, that
he was a man of a divine stock, and brought up the story
before common, of Alexander the Great, and equal to it,
in fable and variety, that he had been conceived of a
huge dragon, which had been seen in the bed of his mother;
and which tale he increased by the art of neither
contradicting nor assenting.

On his return from Spain, after the expiration of his
proconsulate, he was willing to have accepted a triumph,
though to that day, there had been no instance of
any one triumphing, for whatever successes, unless he
had had the command in chief; or, as the historian expresses
it, qui sine magistratu res gessisset. It is true,
it is said that “the hope of a triumph was rather tried
than obstinately persisted in.” But it shews a too great
forwardness to catch at honours. But the inordinate
nature of his ambition was more evident, on his obtaining
the consulship. He grasped at Africa for his province,
though not according to his lot, “nulla jam
modica gloria contentus.” And this he said openly,
he would carry by the people, even if the senate set
themselves against it. He made his words good, and
the senate, with all the authority and reputation of Fabius
Maximus, venerable from age and wisdom, and
other aged likewise and experienced, were bullied by the
tribunes and people into an acquiescence.

I cannot help considering his conduct in procuring the
province of Africa for his brother Lucius, having Lælius
for his colleague in the consulship, who equally was ambitious
of that designation, as extremely indelicate in
throwing his weight into the scale, in the deliberation of
the senate between the two, by offering to serve under
his brother as his lieutenant; if they would prefer his

[figure description] Page 116.[end figure description]

brother. By this means, and by his previous advice to
his brother in submitting the matter to the senate, rather
than to the chance of a lot, and thus having it in his mind
to use the address of offering his services in a subordinate
capacity, which was, in fact, obtaining the command
for himself, he fixed in the minds of the principle
men much chagrin and dislike. And deservedly; for
ambition is self-love; and when it is at the expence of
others, it is odious. Every man in a community has what
may be ranked among the imperfect rights in society,
a right to have his age considered, in pretention to office;
and not to be intruded upon by the coming generation
before its time; much less to have power engrossed even
by virtue itself, or the most distinguished ability. For
the keeping the flame of public spirit burning, is the
vital principle of republican government, to which there
is nothing more smothering than inequality in the chance
of obtaining offices, honours, and emoluments. And if
the next generation come on too soon, the seniors are
pressed out, and lose their chance. Nor is it only by the
younger intruding that this equality is effected, but the
usurping by those of any age, of what is not equal.—
And I call it usurpation, where any thing is obtained;
what is more, where any thing is even taken, that reasonably
ought to go to another, in consideration of standing,
ability, or services. If these are obtained by popular favour,
unduly coveted, what reason has the candidate to
complain, or good men to regret, if the same caprice that
has advanced, should, notwithstanding unimpeachable
conduct, nevertheless impeach. We shall see that this
was the case with Scipio.

He was impeached by the tribunes of the people on a
charge of peculation, and converting the public money
to his own use, in which there was no truth; but in the
remainder of the charge, there was truth; “that he had
pushed himself forward to foreign nations in a manner as
if peace and war with the Roman people depended upon
him alone: That he had gone out as a dictator to his
brother, rather than as a lieutenant; and for no other purpose,
but that he might shew himself, and have it believed
in the east, as he accomplished in the west, that he
should seem the head, and the pillar of the Roman empire:
That a state, the mistress of the world, should
seem to be under the shade of his power: That his nod

[figure description] Page 117.[end figure description]

stood in place of the decrees of the senate, or the orders
of the people.”

The charge of peculation he could easily answer; but
these things he could not answer; nor was there any
thing so definite in them, that strictly speaking, they
could be made the ground of an impeachment; but it was
easy to see that by reason of them, the alleged offence
would be established, and which alone could come within
the laws. He chose to withdraw from the trial, and go
into banishment.

If, in like manner, impeachments that have brought a
reproach upon republics were examined, it might be
found, that in the greater part of them, bating sudden
errors, and mistakes, incident to all human affairs, there
would be found, though not the best foundation for the
particular charge alleged, and the sentence pronounced,
yet remotely something blameable, which had led to the
making the charge in question.

But even taking it as matters seem to be on the surface
of things, the wrongs of democracy, and injustice of
public characters, will be found to fall short of those under
lurid despotism. For a view of this, let the history of
the Roman empire, by Livy, be compared with that of the
same people under the emperors, as we have it by the
divine pen of Tacitus. There is no one who will consult
the nature of things, or look into what has taken place in
popular governments, but will think that there is greater
chance for justice to an honest man, than where this depends
upon the caprice of an individual. For it is not the
despot himself that is alone to be dreaded; it is those
he has about him, and will allege words spoken of him,
or acts done against his government; when, in fact, it is
their own resentment, for something done, or said, or
omitted to be done, or said, which they wish to gratify.

A despotic government is safer for a dishonest man, and
he has the best chance of coming forward there, where
it is not ability or integrity that recommends, but subserviency
to the passions of the prince.

But it is the rage of mere democracy that has brought
reproach upon republicks; democratic power unbalanced,
is but the depotism of many instead of one. It is the
balancing with stays and braces of distributed powers that
gives safety. This distribution of power is the highest
effort of the mind, and yet you will find but few,
who, like my bog-trotter, will not conceive that they

[figure description] Page 118.[end figure description]

could form a constitution that would give energy and
guard liberty. It is this false idea, overweaning conceit,
that I have it in view to ridicule. I am willing to
give it the whole force of my indignation, in proportion
as I know the error, and the consequences. Let any man
look at a book published in this state, under the specious
title of “Experience the test of government,” and see
the crude conceptions that it contains; I do not know
by whom written, and he will be sensible of the consequences
of putting the modelling of a constitution into
such hands. “I am not afraid of the people of Pennsylvania,”
said a pompous orator to me. The fact was, he
had nothing to be afraid of, unless they would take his
scalp. Nor am I afraid of them on my own account;
but on theirs; at least I am afraid on their account, as
well as my own. For the formation of a government, is
not a matter to which the bulk are competent: or if
they will indulge caprice in changing, and they will go
to change; whenever a change is made, it will be but
a majority that is satisfied, and perhaps that not great;
and it is to be expected that a portion of the majority,
not finding their account in the change, will associate
with the former minority, and hence a change, and so toties
quoties, until only one remains that is to be satisfied.

It will be said, impeachment is of no use; the constitution
being such, that a conviction cannot follow; it requiring
such a proportion of the tribunal, before whom
the impeachment comes to trial, to be of a mind. Is it
nothing even in the case of an acquittal, to be scared half
to death? Even on a representation of the people, and a
citation before a committee of the house of representatives,
one may as well be half hanged, as to undergo the
terror.

Can any one, looking at the quarter sessions, think that
there is no good by trying, even where there is no condemnation?
I have known many a man tried, that I
thought guilty in the letter of the law, and perhaps spirit,
but if acquitted by the exclusion of testimony not legal, or
the leaning of the jury on the side of himself, or otherwise,
I did not think there was nothing in the having brought
to trial, and shaken the prisoner well over the indictment,
or rather the indictment over him. He might reform,
and it would be a warning to him.

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

It is possible, that something like oppression and tyranny,
or bordering on these, both to people and bar, may
have been complained of in judges with some cause in
times past. Is it to be supposed that what has taken
place, has contributed nothing to arrest, or remove this
grievance? Would not the oppression and tyranny seem
to have veered to the other side now, and to be found, in
some degree, if not with the people, at least with the bar.
It has seemed to me to be so, and it is therefore, but an
emanation of my feelings when I pourtray in my imagination
the disorder of untamed animals admitted to be
advocates. It is doubtless a caricatura of what I mean,
but a thing has usually some excess in it, to be felt as
the proper subject of a caricatura. While the lawyer
has it in his power to influence his client; and even to
excuse his own ignorance or errors, by laying the loss
of a cause upon a judge, or alleging oppression, the client
can apply to a house of representatives, and the judge,
of course, be brought down with facility, the presumption
is, that he will bear a great deal of impertinence,
impudence, and irregularity, before he will think it advisable
to endanger the running the gauntlet, by entering
into a contest with a powerful member of the bar. I
do not mean powerful in point of talents; for there is
nothing to be apprehended from men of ability; it is
from the uninformed that the difficulty arises; and insults
are received from them, because it is the instinct of
their natures, to cover their defects by noise and arrogance;
or, from a want of knowledge, they think themselves
monstrously wronged, when they have the fairest
hearing, and the fullest justice.

The suitors of the court, the jurors, the circumstantes,
or bystanders, complain of the length of speech in
the lawyers, and of the judges for suffering them.—
There was a time when the judges might have taken some
liberty in restraining, or at least in frowning on diffusiveness
of explanation; but more caution must be used
now, lest offence should be given; judges being more
under the weather than formerly. A prudent man in a
judicial station, will bear for the present, what he will not
always bear; because he will discern that this is not the
time to make head; but that after some time, the current
may begin to set in a different direction; and that
may then succeed which now would but strengthen the

[figure description] Page 120.[end figure description]

tide. Besides, it is difficult to say when the speech is
too long; and it may be a question whether the court
ought to be suffered to judge of that. The constitution
provides that a man shall be heard “by himself or his
counsel;” but it does not say how long he shall be heard.
Admit the court may have a right to say, that the
speech has been long enough as to them, have they a right
to say that it has been long enough for the jury. How can
they tell whether the jury are satisfied? What is more;
is it the court or jury that have the right to say, that
they have heard enough? Or, is it the suitor or his counsel,
who have a right to say, we have not been sufficiently
heard? Tyranny and oppression in refusing to hear,
may be charged; and thus it is a matter that must depend
a good deal upon the temper of the times, and upon
a discreet discernment of what is practicable, on particular
occasions, or with particular persons, that a judge
must determine what to do. A man of sense at the bar,
is easily manageable; but a weak man is as difficult to
manage, as the visionary philosopher's panther.

Do our representatives in our legislative bodies, always
confine themselves to the point, though they may to the
question? In other words, is it possible to keep them to
order, though it may be to call them? Is it found possible
to abridge their harangues while breath and strength
of lungs last? If those whose business is not speaking
can find such facility in prolonging a discourse, what
may not be expected of such as are more in the habit;
and without fatiguing themselves, can speak interminably?
Were our orators in the legislative bodies as much
in the hearing of the people, as the advocates of our
courts, they might be complained of as much for the
length of their speeches. In the courts, it is no uncommon
thing for the judges to express a weariness of the
tediousness of counsel; and sometimes to attempt to
bring them to the point, and to abridge their harangues;
but it will seldom, if ever, be found to answer
any end but to prolong the discussion; for if you restrain
at one point, there will be an overflowing at another;
and it being like to come to an altercation, which is indecent,
it will seem best to give up the contest, and let the
thing take its course. The line is so delicate between
unseasonable interruption by the court in calling to the
point, and what is justifiable, that it is difficult to fix it
without doing injustice, and impossible without giving

[figure description] Page 121.[end figure description]

dissatisfaction. In human affairs, there is no reaching
the perfect in the application of principle. All that can
be done, is to come as near it as possible, by a just discernment
of circumstances. What is done, may be
blamed; but there might be more blame, had the contrary
been done.

CHAPTER VI. CONSIDERATIONS ON THE POWER OF IMPPEACHMENT— Continued.

[figure description] Page 122.[end figure description]

THE power of impeachment, is the most salutary
principle of a free government. Where there is a full
scope for this, there is no danger of convulsions; and
there is a prospect that the constitution may be preserved.
Injustice may be done: no doubt of that, and injustice,
a thousand times, has been done. But it is the fortune
de guerre; the fate of war; in other words, a tacit
condition of the acceptance of an office. It is a maxim
of law, qui sentit commodum sentire debet et onus. A
good book might be written on the history of impeachments.
It would be instructive; and might be entertaining.

I would like to see the sentiment I have broached, fully
developed; and the history of impeached characters,
so far traced, as to see whether some conduct in a public
capacity, or in the ways and means of getting at public
office, or appointment, had not laid the foundation of
the ultimate prosecution. The presumption is, that the
shoe must have pinched somewhere, to have produced
that uneasiness which has been felt; and which has terminated
in a public accusation. And, in some particular
perhaps, in which the individual may have deserved
commendation rather than blame; but upon which it has
been thought the more practicable to succeed, taking
into view the prejudices of the times. Such an investigation
of causes and effects, might save the character of
democratic governments from much blame. I admit it
would not perfectly justify the impeaching for one cause,
while another was more in the minds of the public;
but it would account for it, and excuse it. One is less
shocked at the imprisonment and fine of Miltiades, when
we recollect his demand of an olive crown after the

[figure description] Page 123.[end figure description]

battle of Marathon. It was answered to him, “when you
shall conquer alone, it will be time enough to ask to have
honours paid you alone.” It may easily be seen, from
his coveting this distinction, that his ambition was not
sufficiently regulated; and it may be inferred, that the
like spirit exhibited in other instances, may have given
just offence to a people jealous of equality.

I have known a man in office, whose sordid mind in
money matters, appeared to me to render him undeserving
of an office; and though this could not render him
liable to an impeachment; yet, if he was impeached for
something bordering on what was impeachable, there
would be a predisposition to be reconciled to his being
found guilty. For no man deserves an office in a republic,
that is mean in money matters, and is justly chargeable
with a sordid oeconomy.

Inordinate self-love in the accumulation of office, in a
single family, is at all times obnoxious to popular dislike,
and the most upright discharge of a public function, will
not atone for the engrossing money in one's own person, or
that of connections.

One consideration ought to go a great way in reconciling
the public mind, in a popular government, to the
bearing these things when they occur, that nature is
constantly acting to remove the grievance, by death, and
in this way to bring about rotation in office. Combinations
will be broken by the quiet operation of this general
law; pluralities will disappear; and the poor devil that
is disgracing himself by a nearness that is contemptible,
cannot always live to enjoy, if he ever may be said to enjoy
the savings of his penury. In the mean time, it is a
satisfaction, that if the general contempt is not felt by
him, it is felt by every one else.

Where a man is liberal in his private dealings, and
contributes to objects of utility according to his means, he
is thought deserving of office, and his generosity and
public spirit, like charity, will cover a multitude of sins.
It is rare that such a character becomes the subject of
popular prosecution. Where indeed his liberality is but
the stilt of his ambition; and this is indulged so as to
wound the self-love of others, we need not wonder if it
draws persecution. The most manly thing that I know
in the history of the Roman senate, is the impeaching
Manlius Capitolinus. Generosity, and public spirit

[figure description] Page 124.[end figure description]

on his part had shewed itself to be but the stilt of ambition.
That is, it was not public spirit, but inordinate
self-love. He had saved Rome in defending the capital;
but he was not satisfied with the consciousness of this,
and the gratitude of his country on all occasions expressed;
but he must be the only man of any name in the
state. With a view to this, what were his arts? Affecting
to be the advocate of all confined for debt; paying
debts himself for some, with ostentation; shewing his
wounds and scars, and perpetually talking of having defended
the capital, haranguing against the senate, and
charging them with concealing the public treasures; remonstrating
with the community on their not knowing
their own strength, and doing themselves justice in the
government. From these arts, such was his influence
with the body of the people, that even the dictator Cornelius
Cassus the second after Romulus, who had taken
the spolia opima; and who was created dictator for this
purpose, amongst others, of checking the sedition, dreaded
it more than the war against the Volsci, which he
was obliged first to meet. For though returning victorious
over the enemy, and armed with the honour of a
triumph, yet he considered the contest at home as the
more formidable; and though he had ordered him into
custody, yet had not thought it advisable to proceed farther
against him. It was thought that his abdicating the
dictatorate, which he did at this time, was owing to his
not chusing to meet the tempest that was breaking out
on behalf of this demagogue to liberate him from the prison.
The consuls now chosen, and the senate, were in
consternation, when at the proposition of two tribunes
of the people, Marcus Mœnius, and Quintus Publius, the
bold measure was adopted of charging him before the
people themselves, and bringing him to an impeachment.
The result was, that the very people rallying onward to
support him, were arrested in a moment at the idea of
guilt charged upon him, and themselves made the judges.
What was the charge? Why simply that of attempting
to destroy the balance of the government, by
inflaming the populace, and running down the senate.—
Yet, strange as it may seem, this very populace who were
alleged to be the subject of his arts, and the means of his
treason, on a fair examination, found him guilty; and in

[figure description] Page 125.[end figure description]

order to stamp his conduct with perpetual disgrace, it
was provided, that no one of the family of Manlius,
should ever bear the name of Marcus, which was his
name. He was thrown from the Tarpeian rock like the
vilost of criminals.

CHAPTER VII.

[figure description] Page 126.[end figure description]

UNDER the existing constitution, the patronage of
the governor was considerable. This very thing which
at first view would seem to be a ground of his security,
was the cause of much uneasiness, and constant opposition
to his administration. For not in one case out of
ten did he make an appointment, but some concerned became
enemies. The one appointed was an enemy because
his appointment was not as good as he had expected;
and the others of the community were dissatisfied,
because he got any appointment at all. For there was
not one who did not think himself better entitled, at all
events, better qualified. Some were vexed because they
had not been chosen governor themselves, and no appointment
would have satisfied them. There was a weaver
amongst these who had pretensions to the chair, and raised
a clamour against the constitution, thinking that in
the confusion that would ensue, things being once
more put into hotch-pot, he might renew his chance for
the office of chief magistrate; that having failed to be
put in nomination under existing circumstances he might
have better luck under a new arrangement. A second
chance he would have at all events, and it might be more
favourable in the result; inasmuch as the very bustle he
was making in the affair of the new constitution, would
bring him into great notice, and increase his popularity,
there being now an indifferent mass of citizens who were
dissentients from the same motives with himself, and
might promise themselves something from the confusion
of affairs. But the proposition of a new constitution, as
being less alarming to the bulk, was suggested under the
idea of an amendment. For the revolutions in France
about this time had created some alarm, at the idea of
changing rapidly all at once from one constitution to another.
But who was there who could have any reasonable
apprehensions of risk or danger from an amendment?
But it being thought adviseable to specify some amendments
in order the better to bring about a convention,
there was no one that had not the sagacity to find out
some things that might be put on a better footing than
they had been. As for instance; the weaver seemed

[figure description] Page 127.[end figure description]

to think that the price of weaving ought to be raised; and
that no customer should hereafter find fault with the
work done; and that he should pay for it as soon as it
was done.

All this seemed reasonable, especially as the cordwainer,
and the brick-layer could easily see that in the
course of the deliberation, it would naturally take a wider
range, and introduce a clause providing for them also.
For though not by name in the first instance; yet all occupations
would be virtually included and enjoy the advantage
of the like reform It had become a cry pretty
much prevailing, that the sitting of the people should be
permanent: and the constitution revolutionary; so that
whenever, and wherever, the shoe was found to pinch
it might be altered.

Amongst the malcontents with the constitution, it was
not a little unexpected by the governor, to find Teague
Oregan his late protegee and associate in his peregrinations.
For notwithstanding he had, in the first instance,
been appointed cryer of the court, and in the next, advanced
to the grade of auctioneer, he was dissatisfied because
he had not been made chief justice, or advanced
to that of secretary of state. For these reasons he was
amongst the loudest for a reform, and proposed an assembling
of the whole people, once more to fix upon a
new constitution. The governor conceiving himself to
have some kind of right to controul and regulate the
ambition of his bogtrotter, took an opportunity to expostulate
with him on the danger and inexpediency of
the proposition at this time; and more particularly on the
indelicacy of persons newly come into the country, taking
upon them to be the first to propose a revision of
that frame of government, which they had found prepared
for them, and what on becoming citizens, they were
under an implied obligation to support.

Teague, said he, you cannot but recollect the inconsiderable
station from which I originally advanced you;
being a redemptioner on board a ship from Cork in Ireland.
In fact though you called yourself a redemptioner
you were a bound servant for years, and in such capacity
you were under an obligation to serve me, nevertheless
I treated you as a redemptioner, paid the money for you,
the passage money, and told you that as soon as you had
served me to the amount of it at the yearly hiring of a
labouring person, I would give you your liberty. The

[figure description] Page 128.[end figure description]

business that I set you about might be called drudgery,
because you were fit for nothing else; but did I not as
soon as I conveniently could, endeavour to amend your
station, by making you my body servant, and taking you
with me almost in the light of a companion in my rambles?
In the course of these, in proportion as I saw an
opening, I was disposed to advance you still more, and
to bring you forward. Was it my fault if in these
prospects which seemed to be occasionally flattering,
there were some disappointments? You know well what
happened from first to last when being made a judge
you kicked an associate off the bench.

Have I not done as much for you as I well could do,
since coming to this new country, and my advance
to the chair of government? Did I not make you a
crier of the court, and are you not now an auctioneer?
What reason had you to expect that I should make you
a chief justice, even though you did read law a while, and
had been upon the bench in another place? This very
circumstance if no other, was a reason against it; for
it gave me an opportunity of knowing that you were not
fit for it. You have not the patience of a judge even if you
had all other qualifications. I could not make you secretary,
for you cannot write; and though you might act
by deputy, yet it is but an aukward thing for a man to
be secretary, which imports by the usage of the term,
some ability to minute matters, and not to be able to
write his own name. It is impossible for me not to
know that whatever you and the others of you who call
out for a new constitution are moved not by your opinion
of defects visible in the old, but because you think a new
may be more favourable to your particular pretensions.
But setting aside all that could be said on this alleged
point of private views on your part and theirs, is there
not some decency to be observed on our part in coming
into this country, in proposing innovations? Can a bog-trotter
just from Ireland like you be supposed to be cognizant
of the genius of the people sufficiently to form a
constitution for them? Is it the most delicate thing in
the world to undertake to find fault with that which they
have formed? I feel it on my part a matter of peculiar
delicacy to sport an opinion. It hurts me even that you
lately in my train, should cavil against it, least it should
be supposed to be at my prompting. Though there can
be no ground of presumption that I who have been

[figure description] Page 129.[end figure description]

complimented with the government, could cabal to overturn
it. Yet one cannot tell what those who are the advocates
of what they call a reform may do, or say in order
to acquire weight to their machinations. They may pretend,
that I who hold an office under the constitution
and am sworn to support it, do not approve of it. They
will allege in proof of this, my having an officer who is
foremost in his vociferation for a change. You do not
consider, Teague, where this may end. The termination
in France we have all seen; it was the guillotine.

What is de guillotine? said Teague. It is, Said the governor,
a thing in the shape of a crowbar or a harrow
with teeth of a foot long, which they draw over a man's
back, and scratch him as you would the earth in: which
seed is sown.

The truth is, the governor did not himself know precisely
the form of this instrument, nor the manner of
its operation; but it was necessary to seem to know,
and to give a description, as he had alluded to it.

It is, continued he, a horrible instrument; and the meddler
with constitutions, is in danger of coming under it.
A regular tenor of things is the safest condition. In order
to be safe from the irons of a saw-mill, let the unskilful
beware of meddling with the wheels. In the
same manner I may say that the prudent man will
keep aloof at these times, from the danger of unseasonably
intruding himself as a mender of constitutions —
Agreeably to this is the distich of the poet,


“Ah me, what perils do environ,
The man that meddles with cold iron.”
You enjoy the lucrative office of an auctioneer, and having
seen a great deal of the world, ought to have begun
to learn that those who advise, have not always the interest
of those whom they advise, in view. May it not be
in order to serve themselves, and perhaps in the turn of
affairs to get your office, that persons flatter your vanity
as whom it becomes to put yourself at the head of a reform
in the state? I would not be willing to take an oath
that even some of your own countrymen may not have
sinister ends in view, in putting you upon this project.—
For that you are propelled, I am strongly inclined to
think as I have always found you yourself disposed to be
contented with your station, except in cases where the

[figure description] Page 130.[end figure description]

mistaken notions of others working upon your inexperience
and mine, have misled our understandings.

These reasonings had weight with the bogtrotter, and
more especially that part of the expostulation which respected
the danger of the guillotine; for though the mode
of its use was not minutely explained, yet the impression
made, was that of a cutting, or tearing instrument, in either
case, painful to the patient. But though intimidated,
and of himself disposed to cease his opposition to the
constitution, and his clamour for a reform, yet his countrymen
out of doors, and others of the multitude desirous
of a change, still continued active at vendues, particularly,
to urge the bogtrotter to a perseverance in his endeavours
in favour of what they called liberty.

There was no station that could put him so much in
the way of being wrought upon by the designing, as that
of auctioneer. For it subjected him to flattery, giving
an opportunity to compliment the strength of his voice,
his vein of humour, which term they could give to his
coarse jokes, and call it wit. The bottle occasionally
going about, as is the custom in the country, at using
which he was no slouch, drew from the croud also much
applause; for in proportion as the cryer was pleased, he
put about the bottle, and it came in the way of the man
that had given the last bid. It was indeed a matter of
complaint against him by those who had articles to sell
that he would suspend the hammer; or as it was a mallet
that he used, he would stand with it lifted up until
some one had finished what he had to say about the constitution.
And instead of announcing the name of the article
put up, and describing its utility, expatiating on its value,
he would forget himself, and instead of a good thing,
this, or that, he would call out, an excellent constitution;
not at half its value; who bids more, another cent buys
the whistle. Three times.

There were petitions for removal on this ground. But
what could the governor do? The mania had become
general. Not an individual that was not affected with
the rage of constitution making: not an occupation in
the exercise of which something relative to amending at
least, the constitution, did not break out in the language
that was used. It was not alone in the case of the auctioneer,
that such a derangement as it might be called,
had begun to shew itself; but with persons in almost

[figure description] Page 131.[end figure description]

every other employment. The common mechanic, and
labourer were led away both in speaking and acting, with
an enthusiasm for a change of constitution.

“I saw a smith stand with his hammer thus:

The whilst his iron did on the anvil cool.

With open mouth swallowing,” the news about a
change of constitution.

A tailor was asked what he was now making? He
said a suit of constitution.

A tinker what he was now mending? He said the
constitution.

All that could write had drawn up forms; all that
could not write, had meditated forms, and were reciting
them to their neighbours. It was amusing to attend to
the various suggestions of the fancy of these improvisatori;
or extempore makers of constitutions. Some proposed
for an article, the having a provision to fatten hogs
without corn; and it was in vain to explain to them that
this did not depend upon the constitution of the government;
but on that of the hog. Some wanted chickens
hatched without eggs: others, harvests raised without
the trouble of sewing seed. All were for an amelioration
of things in the natural or moral world.

A groupe had got together at a distillery; and were
endeavouring to put into words, what they would wish
with regard to the article of extracting more whiskey
out of a bushel of grain. But they were not all of them
in a capacity to articulate the article just then, and so
it fell through for that time.

In order to acquire knowledge on the subject of constitutions,
where any one entertained a suspicion that he
had not sufficient information, which was a rare case,
he applied himself to study the hiding places, or edifices
of beasts and birds. For instinct was surer than
reason. One man of very honest investigation, was stung
in the face as he was inspecting a wasps' nest, and his face
became much swollen, and was kept in countenance only
by another who was in something of the same plight,
from a hive of bees into which he had thrust his nose.
That republic being much celebrated, it was thought
the purest model that could be studied. A diligent
observer of the flight of wild geese, and of the manner
in which one stands sentry for the flock when
they alight to feed, drew thence what he thought a good

[figure description] Page 132.[end figure description]

lesson towards qualifying him for the task of new modeling
a frame of government. But the play upon the
word goose which this naturally drew upon him, threw
it into ridicule. For it was observed that he must be a
goose who would think of modeling a constitution after
geese. By others it was called a wild goose chase that
he was upon, and little attention was paid to his draught.