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of peace i i think the year as perfectly happy as a child could be who was separated from his mother and the natural objects of his affections from the time i rose until i went to bed the live long day it was all enjoyment save only with two the going to school and the getting tasks on holidays which last by the by is a practical that ought to be i never knew good to come of it but much harm for it starts across the child s path like a throughout the holidays the task is deferred until the last moment then either over any how or omitted altogether and a thousand invented to or excuse it but these holiday tasks were the order of the day in my youth and haunted me until the holidays no longer deserved the name with the exception of these same tasks and a slight to daily school mrs love s was an to me it was a very quiet life without the amusing incidents of and the only picturesque occurrence of which i have any recollection was the passage of a party of fox hunters with their dogs and horses one day by our dwelling house the public road to s fresh ran close by the gate where i was standing alone when this animated and noisy party dashed along it was such an invasion of the stillness of the country and so entirely novel a spectacle to me that i drew back from the gate and walked towards the house to get out of the way of the mischief of which they seemed fall one of the observing my movement put spurs to his horse and leaped the fence by the side of the gate as if to frighten and pursue me but i was rather too proud to run and he returned to his party the way he came there was a at the cool springs near johnson games other s to the return of peace this was an idea i well remember which puzzled me exceedingly having known no other things but a state of war i had no suspicion that there was any thing unnatural or uncommon in it i must have heard continually of the battles that were fought but i have not the slightest on my memory of any such thing which can only proceed from the circumstance that battles and must have appeared to me as ordinary i was exceedingly perplexed therefore day dreams to understand the event which this celebrated i had no distinct idea of the meaning of war and peace and after the explanation that was given to me had still but vague and confused impressions of the subject i presume that the event in question was the signature of the preliminary articles in when i was only nine years old if i had been at any time nearer to the immediate seat of the war the terrors of those around me might have startled me into a clearer perception of its character and have prepared me the better to understand and enjoy the return of peace as it was i had never heard of it but at a distance and with composure and had seen nothing of war but its pride pomp and circumstance to which a boy at my age had no objection i became sensible of the power of forming and pursuing at pleasure a day dream from which i derived great enjoyment and to which i found myself often there was nothing in the scenery around me to awaken such it was tame gentle and peaceful the house stood on a flat about half a mile wide and one mile long on the east the view was shut in by a hill of moderate height which stretched along the whole length of the plain gently and adorned with a growth of noble trees which were scattered over its sides and summit this hill was the only handsome object in view on every other side the plain was locked in by or woods so that there was neither nor fuel for poetic dreams mine were the amusements of the dull morning walks from mrs love s to the it was a walk of about two miles and my companion rather disposed to silence i remember very distinctly the subject of one of these from the circumstance of my having recalled renewed and varied it again and again from the pleasure it afforded me i imagined myself the owner of a beautiful black horse fleet as the winds my pleasure consisted in imagining the admiration of the immense on the race field brought there chiefly to witness the exploits of my of a horse i could see them following and admiring him as he walked along the course and could hear their bursts of applause as he shot by first one and then another in the race the was vivid as life and i felt all the glow of triumph that a real victory could have given chap i colonel lee these were characteristic of the boy and seem to have the peculiar nature of his aspirations in the more mature period of his manhood here is a remembrance of a notable personage of the i must not forget a which i had with a very distinguished man at this period it had happened that on some former occasion i had attracted the attention of col lee of the already mentioned as he passed through a volume of chanced to be lying on the table near which he was sitting and showing me the title on the back of the volume he asked me what i called it i pronounced the word with the accent on the second syllable and he corrected my as lord calls it upon the of this slight acquaintance i was recognized by this gentleman at mr	29
s where i had gone on a visit with one of the miss loves and whither col lee had come to cross the with his first wife then as i was told newly married he seemed quite pleased to meet me took great notice of me and finally insisted on my crossing the river with him to s where he promised to give me some fine they who had care of me seemed to consider me and themselves much honoured by this notice of col lee and readily consented to his proposal so i was placed alongside of him in the boat while his young wife for the greater part if not the whole of the passage stood upon one of the benches the breeze which freely with her robes she had a fine figure and her attitude as the boat rose and sank on the waves was so strikingly picturesque as to remain strongly on my memory the river is at this place four miles wide and the beach and the opposite side is at some states of the tide so shallow that a boat cannot get quite to the shore in which case passengers have to be borne to dry land in the arms of the this was the case on the present occasion col lee and his wife were taken to the shore where they their servants and all moved off to the house at s leaving me sitting alone in the boat to the of disappointment and neglect as well as i could i was entirely forgotten but i did not forget this slight in the reflections which even then and often afterwards the incident provoked mr hunt s school after sitting alone in the boat for near an of by the person who had betrayed me into that situation i was at last relieved by the who returning at their leisure without either or apology from col lee took me safe back to the more friendly i had left on the other shore in was removed from the grammar school of mr in charles county to that of the james hunt the minister in county whom i have already mentioned i was put to board with major samuel a substantial who lived about two miles from mr hunt s the at that time formed a numerous family in that county the original name i have heard was of scotland and the ancestors are said to have sought a refuge in this country after the defeat at the major showed marks of he was large robust and somewhat with a round face short curling sandy hair and blue gray eyes he was strong of limb fiery in temperament hospitable warm hearted and rough he was a magistrate and ex a of the peace which however he was as ready on provocation to break as to preserve at times he was kind and playful with the boys but wo the unfortunate boy or man who became the object of his displeasure mrs was the sister of col thomas of and daughter as i have understood of the gentleman after whom took its george of that place she was a small spare old lady who had been handsome her countenance was strongly expressive of her gentle disposition the contrast with her husband was very striking she was quiet and generally silent i do not remember having heard her speak a dozen times in the two years i lived in the family and have forgotten the note of her voice but the major s i remember as the loud north wind that used to rock the house and sweep the snow covered field they had a large family seven sons and four daughters the grown sons were numerous and loud enough to keep the house alive being somewhat of the order except that there was not a among them nor was there a di among the girls besides the parents and children there were divers chap l early acquaintances who drew their in the major s house there was for a short time a col who used to wear leather clothes coat and waistcoat included a thin keen active man a little middle age who i was told had been a in north though i was th i ignorant what the word meant and that he was rather in concealment and under the major s protection then there was an interesting old gentleman by name thomas flint who had been an english and had educated all the family except george and who were destined for a classical education and a learned profession mr was upwards of fifty in fair round belly with good lined a good looking man with a dark complexion sharp black eyes and shaggy brows he had a son who was major s besides these there were two one of them a wild boy cut out by nature for a strolling player having a strong inclination to repeat fragments of speeches and scraps of plays which he had learned from the boys of the school the other was harry the son of the miller who was in the major s employment a modest and interesting young man who disappeared in a mysterious way the particulars of which i have forgotten the mansion was a large two brick house built not long before i went there in this his family proper lived within a few feet of it stood the old house which had been the former residence of the but which was now occupied at one end by the and in the of its chambers by school boys and the two here at night we got our lessons and more frequently played our there were two besides myself walter jones son of mr edward jones a rich of and from anne in after times one of the judges of a district in the state for	29
a short time the late col thomas of was one of our and so that major s household embraced not less than twenty white persons to these there was a constant addition by to the young people of the it was in fact an active merry noisy family always in motion and often in commotion to me it was painfully contrasted with the small quiet affectionate vol i early acquaintances establishment of mrs love there i had been the child and supreme object of attention here i was lost in the multitude unnoticed of and left to make my way and take care of myself as well as i could my hair which under the discipline of mrs love s daughters was as clean and soft as silk now lost its beauty i had been spoiled by indulgence and was really unfit to take care of myself i did not know how to go about it yet there was no one to take care of me or who showed any interest in me except harry the miller s son young as i was i had reflection enough to compare the two scenes in which i had lived to feel my present desolation and to sigh over the past the tune of castle never to my memory without filling my eyes with tears there was another circumstance which my residence at mr s one of my companions was ill tempered and i do not know by what i became the peculiar object of his tyranny there was that in my situation which would have a generous temper i was a small feebly grown delicate boy an orphan and a poor one too but these circumstances seemed rather to invite than to the hostility of this fierce young man during the two years that it was my misfortune to be a in the house and his i suffered a wanton that so degraded and my spirit that i wonder i have ever recovered from it in this large family he was however my only the rest were content to let me alone and i became at length well content to be so i can recall here the first experience i had of the refuge and comfort of solitude often have i gone to bed long before i was sleepy and long before any other member of the household that i might enjoy in silence and to myself the hopes which my imagination never failed to set before me these rest on my memory with the distinctness of yesterday i looked forward to tho time when i should be a young man and should have my own office of two rooms my own servant and the means of receiving and entertaining my friends with elegant liberality my horse and fine a rich wardrobe and these all recommended by such manners and accomplishments as should again restore me to such favour and a intercourse as i had known at mrs s i never chap l music of any other revenge on my than to him and reduce him to sue to me for friendship except these waking dreams which live so in my remembrance there are out few pleasant incidents to connect my recollections with those two years there are a few one was the gratification i took in the visits of company to the house sometimes the young folks played cards and i was not forbidden to sit in the room and see what was going on one of these is a gentleman i believe now living charles jones although a very small boy i recollect distinctly the for which he is even yet so much distinguished and with which he used then to set the tables in a roar our latin and the only popular i have ever known was another of the and a great with me there were two other whom i saw only once each at the major s but whose visits led to one of my small accomplishments doctor charles of brought up his and the ladies one evening in the garden with his music a mr a or a teacher of music in also came up on one occasion when there was a great effort to get a musical instrument for him to play on the house afforded nothing better than a wretched fiddle on which major m used to play for his children the only tune he knew with these words three or four wrong sides cut them down cut them down cut them down and tan them there waa besides a cracked from which no one of the had ever been able to draw a note mr the fiddle but with the aid of a little bees wax to stop the crack and a little water to wash and wet the bore he made the discourse most eloquent music what a strange thing is memory i can see the man at this moment and hear him strike up the white for this was the first tune he played and he threw it off with a spirit and animation of which dr had given me no idea thereafter whenever the room was empty i used to steal to the in which that old was kept and whispering in the a fox hunt for i could not blow and dared not if i could try to finger tones as i knew in this way i learned to play several tunes of which yankee was the chief before i could fill the with a single note on one occasion dr smith of the of the very respectable family of that name now at that place came up to major m s with two or three other gentlemen bringing with him a large pack of hounds in preparation for a fox chase this was a new incident to me and full of the interest	29
on this occasion old mr flint developed an accomplishment of which i had never suspected him having got pretty high up with drinking he sang a song and one of the old songs of hood of which my children have often heard me sing several verses caught from mr flint s exhibition at this his picture is now before me for he acted as well as sang and repeated his verses as long as any one would listen i slept but little the night before the hunt and before day break i was from my by the turning of the hounds out of the cellar and the uproar raised in the yard b j them and the horns i dressed myself quickly and sighed as the party moved off because i could not follow them on my way to school that morning with what longing regret did i listen to the distant notes of the hounds in full upon their track until the last sound was lost behind the remote to those who have not an ear for sounds nor an eye for pictures it would be incredible if i were to describe the effect which this scene had upon my imagination and to this day i know nothing in the way of spectacle or music to compare for its power of excitement with a well equipped and gay party of hunters following a pack of hounds in full cry here ends all that we are able to obtain om these simple and pleasant recollections the writer broke them off abruptly at this early stage of his history to resume them when the graver duties of his high office might allow him again the refreshment of these draughts of youthful memory his busy professional life forbade this indulgence and has left us reason to regret that the same band has not his continued advance to manhood chapter ii temperament his studies wholesome in op mb hunt his sketches by first literary effort a prose satire on the its consequences a school incident a victory visit to the court house of mr the court its constitution school exercises the we have just closed presents ns nearly all that is known of william up to his year it sufficiently the temperament of the boy and gives us no slight glimpses of the future aspirations of the man the lively pictures which it presents of those scenes and persons which dwelt on his memory show how keenly his youthful observation was impressed by the quaint and grotesque images which surrounded him they show too with what a relish he noted the simple rural objects and that were familiar to his childhood and how true an eye and how true a heart he had for the kindly things and influences that fell in the way of his youthful experience these qualities of mind and character continued to during his life and were the constant source of that attraction which encircled him to the last of his days with troops of admiring friends we shall have occasion to note more than once in the course of these pages the poetical complexion of mr s mind the somewhat of his imagination and the alacrity with ho was ever ready to from the actual to the ideal of life the almost inseparable quality of such a temperament is that shy reserve which is much more frequently the result of pride and a high self estimate than of humility a sensibility to the which our perception us to foresee and expect from j his studies those who are capable of a shrewd insight into our conduct is most generally the source of that modesty which is in an and quick sighted boy its usual accompaniment is an exterior of and quiet observation in the presence of the world with a gay light hearted ease amongst those in whom household association and familiar have that confidence which takes away the apprehension of censure the observant eye of his aunt with whom the orphan child had been in his tenderest age detected this trait in his character in the first years of their intercourse and noticing these of a playful and thoughtful temper she once remarked when his uncle was with her the question of his education when i look at that dear child he scarcely seems one of us and i weep when i think of him y such an expression would seem to indicate some early afforded by the boy of that superiority which his years developed remained at mr hunt s school in county until it was broken up in during the last two years of this period he was an of mr hunt s family we shall often find in the course of his correspondence a pleasant remembrance of this family and its dwelling place which bore the classical name of the mr hunt seems to have exercised a happy influence over the of his pupil he was a man of cultivated mind liberal study and philosophic temper he possessed what in those days was no common advantage a pretty good library he had besides a pair of and some instruments of a philosophical apparatus he was and quick to appreciate the tastes of his scholars and from all accounts kindly and indulgent in his intercourse with them young found in this association much to advance him on his way he acquired some little insight into some taste for some relish for classical study but above all some of appetite for the amusements afforded by the run of the library he studied of and the old pope and home s elements of criticism with equal and with faith the library cheated him out of many a worse and whilst it his boyish chap u his studies with its world of treasures it also to in his mind that	29
love of various lore which seeks its enjoyment among the flowers that the broad fields of literature rather than among the gems which lie in the depths only accessible to the it is sometimes regarded as the misfortune of and apprehensive genius that it is apt to be om its graver and more profitable toil by the attractions of this course of reading k this be true in any instance it cannot be denied that many men who have won distinction by their intellectual accomplishments have been able to trace their first impulses towards an honourable renown to the opportunities afforded by a miscellaneous library and to the tastes which it has enabled them to improve mr in after life was accustomed to in terms of regret of the habit of reading which acquired in youth had as he supposed somewhat diverted his time from study he was we are inclined to believe mistaken in his estimate of this disadvantage there seems to have been in his case quite a sufficient of study in the pursuit of his own laborious profession to justify and commend the habit of light and reading in all other of science or literature he h also afforded many agreeable that the zealous and ing lawyer had cultivated with no small success that general which is so seldom combined with professional excellence and which wherever it exists the most graceful and attractive of its genius generally finds its own path its first instinct is to wander over the surface of its own world until it may light upon that which shall gratify its proper appetite its prompt it to in search of the congenial things nature has provided for it and it seldom falls out that the spirit does not in due time come to its appointed destination it may be said to have been mr s characteristic quality of mind to perceive and keenly to relish the riches of that upper world of thought which is pictured to us under the of humane letters these in their scope nearly everything that is graceful in everything that is beautiful in art glowing in poetry and eloquent in present to the student a field of various observation which can only be cultivated and enjoyed by the most apparently j j his studies study he therefore who has a true perception of the delights of such study may scarcely fail to be accounted a capricious and rambling reader whenever his pursuit shall come to be measured by tho rules which the student of one science finds it to observe in his own labour for many particulars relating to the earlier portion of mr s life i am happy to express my obligations to a rapid but careful sketch which was written by peter of in under circumstances which give it great value as an narrative and which is not less worthy of for its graceful and style of composition i should scarcely do justice to my subject if i to avail myself of the material presented to me from a source so friendly and at the same time g accurate i shall not scruple to use it as often as i may find occasion the sketch referred to in the text was written by mr upon an engagement with the messrs of new york in just after mr s as a candidate for the and was designed to accompany a of mr s literary productions this for reasons with which i am not acquainted did not proceed beyond the of the british spy to which the sketch i have alluded to was at the time of the of mr for the by a singular coincidence of circumstances a narrative of his life was in contemplation from one or two quarters totally from the political object which may be supposed to have made it then a matter of interest to the public mr was engaged in his work of national portraits and had applied to mr for some materials for a sketch of his history to accompany an engraved likeness for this work the task of furnishing these had been committed to judge of the court of appeals of virginia mr salmon p chase a friend of mr s and still more intimately his personal friend a gentleman accomplished in elegant letters recently brought more to the view of the country as a of the united states from had also taken the matter of a biography into his hands but the enterprise of the messrs being stimulated by a more direct reference to the took the place of all other projects and consigned the task to the very competent hands of mr was a finished scholar of exquisite taste and gifted with talents which would have secured him an eminence in the literature of this country he fell a victim to the in on the th of september not long after the completion of the biography above mentioned the country thus lost one whose accomplishment in letters was just beginning to bring him reputation and whose career if he had lived would have been distinguished by the finest of intellectual excellence the materials for his sketch were derived from an intimate chap il sketches by mr hunt s library suggested to our pupil some effort of with one of its heroes in the dainty occupation of verse making he read how pope had first tempted his muse at twelve years of age he himself was now thirteen why shouldn t he as well he tried his hand at it and very naturally failed he accordingly resolved that nature had not made him a there was however the world of prose open to him and forthwith he set out upon that quest amongst several essays in this sort one fell into mr hunt s hands and was most agreeably received with abundance of praise i must give the history of it as it	29
comes from the friendly it was by a school incident and was a piece of revenge more legitimate than invention is apt to inflict when sharpened by wrongs real or imaginary there was an at the school and this who was more learned and than even tempered was one morning delayed in the customary routine by the absence of his principal scholar who was young himself in his impatience he went often to the door and some boys clinging like a of bees to a cherry tree not far off he concluded that the expected was of the number and nursed his wrath accordingly the truth was that the servant of a neighbour with whom was boarding at the time had gone thai morning to mill and the indispensable breakfast had been delayed by his late return this apology however was urged in vain on the who charged in the plunder of the tree personal acquaintance with mr whose just appreciation of him was shown in the most cordial and confidential social communion the incidents of this sketch were supplied by the friends of mr by his family and by the s own personal knowledge of his subject the sketch itself was submitted to mr and so far corrected by him as to secure it against any of statement of fact i may add that my own constant intercourse with mr during the preparation of that sketch and a familiar acquaintance with the individual to whom it enable me to give an additional assurance of its i can only indulge now the regret that its author so rich as he was in the arts of wit eloquence and had not survived to unite with me in the grateful labour of this task to render a joint tribute of our homage to the distinguished subject of our as we both did in equal degree of the pleasure of his society and the kindness of his regard s sketch encounter with an and this was as stoutly as truly rejoined to be the act of an english school hard by the of master proceeded very threatening of storm the lesson was in and at every hesitation of the the eloquent volume by the yet descended within an inch of his head without his however for he said take care or you kill me we have heard better timed since from the orator for the next slip brought a blow in good earnest which being as forcible as if logic herself with her closed fist had dealt it our hero to the ground i ll pay you for this if i live said the fallen champion as he rose from the field pay me will you said the quite furious you will never live to do that yes i will said the boy our youth was an author be it remembered and that is not a race to take an injury much less an calmly the too was a fair weapon against an and by way of vent to his indignation at this and other continued but with no view to what so seriously fell out from it in of his revenge he some time afterward an essay on anger in this after due exhibition of its unhappy effects which it may be would have enlightened though he has himself professed to treat the same subject he those relations and of life most exposed to the of this fury a parent with an son said our must often be very angry a master with his servant an with his guests but it is an that must the be vexed by this bad passion and right or wrong find himself in a terrible rage and so he went on in a manner very and very descriptive of the case character and manner of the of well pleased with his work our author found a most admiring reader in an elder boy who charmed with the mischief as much as the wit of the occasion pronounced it a most excellent performance and very fit for a saturday morning s in vain did our wit object the dangers of this mode of publication the was got by heart and in the presence of the school chap h a victory and of the himself who enraged at the satire demanded the writer otherwise threatening the with the rod his was not proof against this and he betrayed the of our author who happened the same evening to be in his garret when master the satire in hand came into the apartment below to lay his complaint before his principal mr hunt s house was one of those one story rustic yet to be seen in where the floor of the without the of ceiling forms the roof of the apartment below so that the could easily be the and even the partial spectator of the held on his case let us see this offensive said the and awful were the first silent moments of its perusal which were broken first by a suppressed and finally to the mighty relief of the listener by a loud burst of laughter i mr this is but the sally of a lively boy and best say no more about it besides that in for o we can hardly find him guilty of the publication i this was a victory and when mr hunt left the room the conqueror tempted to sing his lo in some song to the country of the party who was a foreigner was put to flight by the latter s rushing furiously into the and from under his pillow some the of his office and some smart strokes on the flying who did not stay like to write a receipt for them the left the school in not long afterward like the worthy in the th hero who did upon he wouldn t be to mr hunt many years after the	29
and his scholar met again age and poverty had overtaken the poor man and his former pupil had the opportunity of showing him some which were probably not lessened by the recollection of this revenge this was quite a prosperous entrance into the world of letters the pleasant remembrance of this early triumph is one amongst many evidences which i may have occasion to notice hereafter of the earnest appreciation with which the distinguished lawyer was wont to regard the pursuit of literary me which as it seemed an adverse the court had constantly placed beyond his enjoyment though never as the reader of these pages will find beyond his hopes mr hunt s discipline contributed to awaken the ambition of hia pupil to another renown not less conspicuous in his career letters were always the passion of william a passion against enjoyment the cup of his life the law was in equal degree his chosen field of eminence pursued at all times with the eager love of a and more to him than its rival the source of fame and wealth his first introduction to its temple was at this era of his boyhood mr hunt was in the habit of taking his pupils to the county court in term time to give them some insight into those mysteries which may be said to be in this country the ladder to all and which certainly at the date of this adventure much more than at present was the chief aid by which men climbed to eminence the court house was some four miles from the school the whole troop headed by the went on foot and with due solemnity entered the rustic hall of justice and took their seats in the jury box amongst the one of the youngest was william h well known to the school and neighbourhood he was clever quick and courageous in his with the older brethren so he naturally became the favourite of the and grew to be a hero in their eyes boys have a great instinct for hero worship and worship with them is imitation was not much older than the oldest of those who sat to hear and him why should not we have a court of our own agreed so forthwith we have a little temple of in mr hunt s school room was appointed to draw up the constitution he was the of the new the constitution was prepared with all the necessary to meet the of its broad and delicate and was reported with a modest letter of apology for its by the author this was his first essay there were occasional in public at the school and the practice also of verses one of those ingenious devices by which ofi hand are supplied with a of and patches cut from classical and preserved as the for that wit and learn chap iii friends ing which in the last age was regarded as one of the chief ornaments of now fortunately somewhat aside for wholesome saxon in all these was a common victor and carried off whatsoever prize he had a mind to win chapter iii peter a becomes a in mr family useful employment of his time studies journey to returns to and studies law with w p hunt to virginia studies with mr is admitted to practise by the court mr hunt s school was in the year was now in his year but little remained of his small and he was brought to the necessity of seeking the means to support himself he was not without friends his happy and confiding temper attracted the good will of his his talents won the esteem of his teachers the sympathy excited by his and the humility of his brought him more than one protector mr peter a games was an early patron and most useful friend to our pupil this gentleman belonged to the bar of he was the owner of a considerable landed estate in charles county and being a of tobacco his occasions both as a and as a professional man often brought him to here he was accustomed to take his lodgings in the public house which was kept by jacob he thus became intimate with the family and had the best opportunities to observe the character of the young and boy whose qualities were so well adapted to his regard this acquaintance into a strong and lasting attach vol i d peter a ment which was manifested in the most substantial proofs of to the when jacob died mr games charged himself to some tent with the control and guidance of the children of the of whom the eldest waa elizabeth the senior of william bj some ten years there is reason to believe that mr games assumed the direction of the education of william and perhaps of elizabeth and the expenses of this charge chiefly out of his own pocket william was consigned by him to the care of mr in charles county and mr games himself according to some of his family which i have seen provided for him that comfortable where he was sheltered and made happy by good mrs love and her family in the memory of which the grateful pupil found so much pleasure some years after this mr games removed to and settled himself in the neighbourhood of where he obtained eminence a lawyer elizabeth was at this time grown to womanhood her mother was dead and she and her brother we may suppose were left in a condition to attract the s and consideration of their good friend mr games sent for them both to come and live with him william s destiny directed him to another quarter but his sister obeyed the summons of her kind protector who soon after her arrival in	29
fortified his title to that relation by making her his wife in the few letters and other papers i have been able to collect referring to this portion of mr s life there is abundant evidence of the concern of mr games in the fortunes of his young mend and of the valuable service rendered by him to his at that age when friendly counsel is most needed besides mr games there was another who now took an interest in the success of the youthful scholar and whose connection with him had the most happy influence in his career to that eminence which he afterwards achieved this mend was at that date a resident of county his son who in after years held the post of first governor of then from that state and afterwards the governor of it was the comrade and chap of in mr hunt s when this school was broken tip and oar student had returned to as to a point from which to make a start in young happened to take with him to his father s house the constitution of the court to i have in a former chapter and along with it the report or letter this was probably exhibited in the family as one of those achievements which in the world of school boys are for purposes of renown with a more affectionate exaggeration than we are apt to hear of it in the larger world this triumph of the academy thus came to the eye of mr the father and doubtless with no of praise of the cleverness of the author the result was in brief space a letter from the father to young inviting him to a station in the family as a private to his son and two who were all contemplating a transfer to college and who stood in need of some preparatory study which it was thought was qualified to direct this invitation in any aspect a most agreeable one was rendered still more acceptable by the assurance which accompanied it that mr library should be at the service of the new teacher for the of his own reading a summons so to this new field of duty was of course quickly and gratefully accepted and the pupil now converted into a teacher was most comfortably established at mount pleasant as this seat was called in the bosom of a hospitable cultivated and family mr had been a member of the of had acquired reputation in that body as a skilful and accomplished in this relation he had attracted the and friendship of the great leader in that day of the politics of the state samuel chase he was besides well in general literature his mind was strong direct and trained to reflection his respect and esteem by its dignity his character public and private was distinguished for lofty patriotism and virtue his manners were and particularly agreeable to the young whom he was fond of charming them by instructive conversation with the benevolence of his disposition and his ready sympathy with the tastes and interests of his youthful rendered manifold in its useful impressions upon them this is the outline of the character mr was wont to give of his early friend how fortunate may we regard him in being brought within the sphere of such a man s influence it is one of the most pleasant traits in the history of the subject of this biography that to the last day of his life he could not speak of but with the strong emotions of a grateful affection which seemed to be even more than filial we shall see many evidences of this generous recognition in the letters which may be introduced into the future pages of this narrative you have taught me he says in one of these letters written to his old friend at a date when he had conquered the obstacles of poverty and had his way to a profitable as well as a brilliant reputation to love you like a parent well indeed may i do so since to you to the influence of your conversation your and your example in the most critical and decisive period of my life i owe whatever of useful or good there may be in the bias of my mind and character continue then i you to think of me as a son and teach your children to regard me as a brother they shall find me one indeed if the wonder working of providence should ever place them in want of a brother s arm or mind or bosom the young s final destination was the bar with much to justify an of success in this profession he had also some he was shy and timid in any public exhibition of himself his was thick and indistinct marked by a nervous rapidity of utterance both of these may be regarded as great in the way of a profession which requires the utmost of self and whose outward and visible exists more in round clear and speech than in any other attribute by which it can be made known mr soon observed these defects in his young friend and with a and gentle skill set himself about removing them he to him by way of encouragement some incidents in his own experience particularly those which belonged to his de in the in which he gave a strong picture of his embarrassment his confusion and fear of breaking down and his surprise at his safe and the compliment paid him by mr chase m useful employment when he had supposed his failure complete he sometimes took also to rally his listener upon his and to give him some adequate conception of the little room he had to fear the competition of what was understood to be the most formidable class of he might be	29
compelled to in life he fortified this lesson by assuring him that there were not many of those who had arisen to distinction who had not to contend with obstacles as great as his own and both young men at that period and both be to attract the observation of the community were held up by mr to his comment said he whom you so much admire and whom you will admire still more when you shall have seen him are making their own way to distinction under as great as any you have to encounter with whatever distrust the shy student at that time received these friendly and however incredulous he might be of the hopes his friend was endeavouring to in his mind it was not many years before he had realized more than had been promised him a letter from mr reached him at in the day of his career fondly recalling to him the of this early time in and with the pride which a father only might be supposed to feel in the advancement of a son at the fulfilment of the prophecy twenty happy and useful months were spent under the roof of mr in the successive occupations of classical study of conversation and preparations for that profession to which he was hereafter to devote his life found at this epoch the most solid benefits in the contemplation of that robust and manly which was daily presented to his notice in his patron and friend in the dignity of lofty virtue and massive good sense of this worthy in the simplicity of the family their genuine kindness and indulgent consideration of himself he found daily a to the cultivation of the virtues both of his heart and head and the strongest towards the of those aspirations for renown which in after life he so successfully journey to at the of this period his health became somewhat by the advice of friends he determined to make a journey on to and spend the winter with his friend and brother in law mr games and his sister whom he had not seen since her marriage we have no narrative or of this journey to refer to it was undertaken towards the end of the year the traveller set out alone he was in his year the way was long and a great deal of it lay through a dreary wilderness of pine forest and sand it was no light enterprise in that day but we may well imagine that to the cheerful boy so fuu of pleasant fancies and rosy hopes the brought no weariness in the first outlook of a youth of seventeen upon the world mounted upon his with a purse sufficiently stored to bring him to his journey s end with all his worldly goods packed on a behind his saddle with a gay heart in his bosom and a face beneath his what is there on the globe to make him sad no shadow upon his path ever takes a gloomy hue no by way finds him with pleasant thoughts no fatigue or the of his mind the rain and the wind bring no melancholy when they drive against his breast the swollen river which in some mountain him to a halt is but a picturesque which he has the boldness to tempt or the patience to wait for nightfall but the romance of his dreams as he holds his way guided by some distant to the rude shelter of a s hut the hearth to which he has found this doubtful path with a light more cheerful than the of a palace when its rays are thrown upon the homely group of the s from the blazing kindled to prepare for him a supper with which no banquet in his elder day is to be compared if our young adventurer had kept a journal of this expedition we should doubtless have had abundant material from which to illustrate the content and joy with which such experiences would be recorded the southern winter seems to have told well upon his constitution he had been threatened with a complaint which had excited some alarm in his friends and it was supposed he might find chap iii removal to virginia it to the advantage of his healthy as well as to the professional career to which he directed his views to make a permanent settlement in the journey on horseback however and the genial winter of that region wrought a rapid change in his condition and enabled him to pursue his aims in a quarter more attractive to his regards and as we must believe from the result more favourable to the objects of his ambition his vigour was restored and he returned to in the spring he now took up his abode at court house and entered upon the study of the law with william p hunt the son of his former la this position he remained about a year and then for the first time went to reside in virginia i find a reference to this removal and the causes which led to it in one of the few early letters which have fallen under my notice it is addressed to mr games in in november while with mr hunt he writes a friend informed me of a very advantageous station for a lawyer in the state of virginia every body urged me to seize it the law of virginia required of me twelve months residence in the state and a previous examination by three of the judges of the general court i removed my residence immediately to virginia and after about five months under a mr an acquaintance and school mate of tom games and a young fellow of distinguished legal abilities i applied to the judges for a license by a removed the objection of non residence and after a minute into my	29
information obtained the signature of three of their honours to my license i have disposed of my my readers will recognize in this reference mr thomas a distinguished member of the bar of washington and for several years district attorney of the united states in that city the acquaintance between him and mr which commenced at this early period into a cordial friendship which was maintained throughout life unbroken and was in the constant habitual exchange of kindness which the of residence enabled them to practise to the latest day of mr s life some few letters the fragments only of a frequent correspondence between them remain i have particularly to regret my failure to procure that tion of it which belonged to the earlier period of mr s career in which i had hoped to find some instructive details of his life this may possibly yet be recovered admitted to the bar property and am now over this letter is written from prince george s county for the purpose of receiving the money immediately upon the reception of this i the practice of the law this is the introduction of william to virginia a state whose fame he grew to be almost identified and towards which he never ceased to look with the affection of a child for a parent what was the nature of the by which he their honours and thus got himself in the bosom of that mother we are not informed but we may with some reason account that to be a pious fraud which so successfully gave this dutiful and son to a family which has never ceased from that moment to regard him as one of its most cherished la a more worldly sense too it may be reckoned as a token of the future prosperity of the young lawyer whose first case was won by so a piece of sharp let us on our part look to this incident both as a pledge of attachment and to the new sovereign from its new subject and a proof of his to that profession which owes so much of its if not its glory to the dexterity which is occasionally called to display itself in finding out an point in the of the law the court in which he was admitted to practise was that of county and his residence was accordingly taken in the court house village chapter iv his first case difficulties attending it is assisted by a friend a triumph his qualities habits of study in we lave the young now fairly embarked upon the sea of his profession there is good authority for saying that his library and professional were not of the most various or effective description he has told the story himself that his whole magazine of intellectual at this period no other than a copy of two volumes of don and a volume of behind these there was probably a twelve month s study partly no doubt travelled along the highway of and but we may be pretty confident in the conjecture not less with the secret and pleasant of tom jones random and their kindred he was now upon a theatre to which he had anxiously and one which would surely try his metal he came to this under some fearful that is to say with no great store of legal provision and with his constitutional timidity still only those who have gone through the ordeal of public contest with this weight upon their shoulders can estimate the oppression the horror i might of such a the ordinary pursuits of business life give one no insight into the sufferings of the public speaker who is compelled to struggle against the reluctance of a nature the young hero of the when first brought to the to that combined and an assembled audience can tell a piteous tale of terror if asked to describe his emotions the of a hall may give first case an interesting experience to the same point but more severe than either is the experiment of the when he rises for the first time to discourse the most difficult and of all human lore in the presence of the frowning and solemn majesty of the bench or when he faces that personal of justice the twelve et which the who puts himself upon his country is taught to believe by a violent fiction to be the country itself but in which the maiden sees only a most formidable fragment of it the young who for the first time stands in this presence surrounded by its and characteristic drawn thither by that love of the scenery and incident of the drama which is the passion of the multitude when he sees the compact pavement of heads extending into every nook within the horizon of his vision with their eyes upon one and that himself all eager to hear every word the general curiosity all uneasiness of attitude all discomfort of the heated atmosphere all hunger and thirst what is there in s imagination of nightmare to give a more frightful picture of the oppressed brain and bewildered sight than this spectacle presented to a shy and youth in advance to repress the of a constitutional such are the trials familiar to those whose professions compel them lo encounter this discipline s was still it was confused and hurried his voice when undisturbed by that timidity which deprived him of his command over it was rich and melodious his person was at this time quite as as it was remarked to be in his later manhood his manners were well adapted to make friends one such scene i have witnessed and i remember the agony with which the confused arose a second time having been but a moment before compelled to take his in the hope to collect his thoughts his	29
second essay was not more fortunate than the first he stood silent for a brief space and at the end was able to say gentlemen i declare to heaven that if i had an enemy upon whose head i would the most cruel torture i could wish him no other fate than to stand where i stand now curiously enough the sympathy which this appeal brought him seemed almost instantly to give him strength a short pause was followed by another effort which was completely and even triumphantly successful chap first case his first appearance at the bar is described by his pretty much from his own account of the incident it was well remembered amongst mr s early friends luckily for him this first was attended by some which his shyness and reserve and saved him many pains the occasion and its events are set forth with so much interest in s that i take pleasure in offering his description of it in his own words with these advantages and defects such as they were says the he was to begin the of the bar in a part of the country where he was quite unknown and where much talent had pre occupied the ground with experience on its side and acquaintance with the people and their affairs there is no part of the world where more than in virginia these would be lessened to a new adventurer as there is no where a more courteous race of gentlemen accessible to the which merit there was however another embarrassment our lawyer had no cause but he encountered here a young friend much in the same but who had a single case which he proposed to share with as the means of making a joint with this small stock in trade they went to attend the first county court their case was one of joint assault and battery with joint judgment against three of whom two had been released subsequently to the judgment and the third who had been taken in execution and imprisoned claimed the benefit of that release as to himself under these circumstances the matter of discharge having happened since the judgment the old remedy was by the writ of but mr and his associates had learned from their that the indulgence of courts in modem times in summary relief in such cases had in a great measure the use of the old writ and accordingly presented their case in the form of a motion the motion was opened by s friend with all the alarm of a first essay the bench was then in virginia county courts composed of the ordinary of the peace and the elder members of the bar by a usage the more necessary from the constitution of the frequently interposed as or of the of the court it appears that on the case being opened a triumph some of these customary denied that a release to one after judgment released the other and they denied also the propriety of the form of proceeding the ire of our was kindled by this reception of his friend and by this voluntary interference with their motion and when he came to reply he forgot the natural of the occasion and maintained his point with recollection and firmness this the generosity of an elder member of the bar a person of consideration in the neighbourhood and a good lawyer he stepped in as an remarking that he also was and perhaps as much entitled to act as such as others in which car he would state his conviction of the propriety of the motion and that the court was not at liberty to disregard it adding that its having come from a new quarter gave it but a stronger claim on the and of a bar the two friends carried their point in triumph and the worthy ally told his brethren in his plain phrase that they had best make fair weather with one who promised to be a thorn in their side the advice was we dare say unnecessary the bar of that county wanted neither talent nor courtesy and the champion having his pretensions to enter the list was engaged in many a courteous passage at arms the mentioned in the above anecdote was the late general john of of whom in subsequent years often spoke with strong gratitude and esteem there was never he says a more finished and engaging gentleman nor one of a more warm honest and affectionate heart he was as brave a man and as true a as ever lived he was a most excellent lawyer too with a most flow of eloquence simple natural and graceful and most affecting wherever there was room for pathos and his pathos was not artificial it was of that true sort which flows from a feeling heart and noble mind he was my firm and constant friend from that day through a long life and took occasion several times in after years to remind me of his prophecy and to insist on my obligation to sustain his prophetic reputation he left a large and most respectable family and lives in the hearts of all who knew him in this his first adventure he was more successful than those who chap study knew him best had expected he was indebted for this in no small degree to the lucky accident of having his temper aroused for the we may suppose too that the aid and comfort of that ally to whom the story was felt not less in the kindness and encouragement of a friendly bestowed upon the young at his first rising than in the substantial assistance given before the trial was ended the sympathy of a good natured ee the warm gaze of a friendly eye and the silent gesture of approbation and assent are potent to the which players are wont to call the stage fright and what in	29
the hall of we may term in to this the fright of the bar the ordeal however was past the ice was broken and the new felt that he might walk into the courts those who knew in that day were accustomed to speak of him as a gay and happy companion careless somewhat of the labour of his m and more disposed to cultivate the congenial pleasures of good fellowship than to pursue by any toil the road to me it was therefore usual to say that at this period of his life he gave no very pledge of that eminence which he afterwards attained it may be true that his studies were not so with the of legal science as one might demand from the ambitious lawyer and even that he aside the sometimes hopes of a solid professional fame but it can scarcely be true that an active and apprehensive mind such as his was suffered either to for want of use or to devote itself to frivolous or useless subjects we have many evidences in the letters and other papers which have reached us that the most absorbing passion of his nature was a g for that renown which was chiefly to be won in triumphs we may confess it to be equally true that there is apparent in all that has regarding this portion of the life of mr a sad want of system in his study there are minds however of the very highest power which seem to reject system with instinctive aversion and to pursue their aims with what might be called a capricious of study which being susceptible of vivid impressions from the object upon which they are employed are i t to be from the course of occupation by the vol i in l attraction of new pursuits or driven from it by the weariness or pain of the old we may conclude that to some extent this remark is to the character of mr s mind with an eye quick to discern beauty whether in nature or art with a and active imagination with a heart of the of life and with a keen zest for the delights of a frank companionship it be believed that neither his professional zeal nor his hopes of fame were at all times a match for these nor potent enough to guard him against their that both his studies and his were likely to seek their pleasures in that field where the poetry of life held an acknowledged sway over the and we may even say repulsive studies to which the youth whom the law to a bright manhood is compelled to devote his time he continued to practise at the bar of court some one or two years with increasing success in the meanwhile extending his acquaintance and business connections into the neighbouring in this circuit he included county a region of virginia especially distinguished for eminent and highly cultivated men the here found many friends whose influence in the control of his future life was of the most fortunate aspect chapter v friends mb mb son and mb james pen s hospitality op the to which he was exposed of the his and habits thomas w late of the navy and his family anecdote of and state of death of hell to amongst the friends whom found at this period in was doctor this gentleman the of a scotch family which had at an early ate to virginia had been prepared for his profession in and was at this time an eminent physician in the enjoyment of a large practice he lived at pen park his family seat in the neighbourhood of he had been noted as a zealous and effective friend of the revolution had borne arms in the cause was a man of genius of accomplished education wit and refinement living in the immediate neighbourhood of mr and within a day s ride of mr and mr it was his singular good fortune to enjoy the intimate acquaintance and friendship of these distinguished men his family circle furnished attractions both to old and young his children drew around them many cheerful and happy companions and his own accomplishments as a man of letters and observation brought him the best society of the time an elegant hospitality prevailed in his household choice books were found in his library instructive and agreeable conversation his fireside pen park exhibited just such a combination of rare and pleasant as are likely to make the best impressions upon the mind of an his marriage and ambitious youth and to inspire him with zeal in the cultivation of virtue and knowledge of the children who at this date the family board there were two with whom these have an intimate connection the first was the eldest of the family the other was francis the youngest born of a numerous the daughter was richly gifted with the gentle attractions of her sex intellectual kind cheerful and noted for her good sense and just observation she was then just growing into womanhood with all the joys of that happy period radiant in her face the imaginative and susceptible young found a fairy land in this romantic spot and a spell in the eye and tongue of the maiden which charmed too wisely to be broken the father s regard for him opened the way to a closer alliance and it was not long before he took his place in the family as a cherished son in law the marriage was at pen park on the th of may from this period s residence was established with the family of his wife his practice and reputation increased amongst several lawyers then and afterwards well known to fame in that region he is said to have stood on the same	29
platform with the best of these it would be to mention the names of now the president of the court of appeals of virginia and others who will be recognised by those who are familiar with the bar of virginia as gentlemen who enjoyed a well deserved for professional worth and some of whom afterwards attained to an throughout the union from this date we may observe the steady advancement of the fortunes of the subject of this narrative shaded now and then by a temporary cloud but nevertheless forced onward by the innate strength of his character and the of brilliant talents and useful doctor became warmly attached to him brought him into intimate acquaintance with the illustrious persons to whom i have referred his appetite for elegant literature by the habitual display of his own stores gathered in the study of it gave fresh vigour to his taste and by directing his studies to the best books the young student was charmed to find chap v pen park such happy access as the doctor s library afforded to those fountains of english thought and speech which poured their streams through the pages of south bacon and milton from these he drank deep draughts and filled his mind with that reverence for the old literature of our native tongue which was ever after noted as one of the most characteristics of his mind his acquaintance with mr mr and mr at this date before either of them had been elevated to that high honour which each subsequently attained led in due time to confidential esteem and friendship which was manifested throughout the lives of the parties such a fact as this may be interpreted to furnish the strongest evidence of the personal merit of the individual to whom it relates happy most was it for him that he was thrown thus early under the guidance of so kind and competent a friend as the worthy proprietor of pen park fortune no richer boon upon generous and youth than when she gives him wise and affectionate friends to win an honoured place in the household and in the heart of a liberal refined benevolent and observant gentleman to be upon a loving and pure minded family to feel the gentle and considerate kindness of parents and the devotion of a wife to observe all around him the blossoms of a new affection their fragrance into the atmosphere which he and daily into fruit for his enjoyment there are few natures so stolid as not to draw from these good store of to improve the heart its and its impulses towards the cultivation of virtue honour and religion it is true that such are not from the necessity of that self control which every condition of fortune seems to exact from a well ordered mind the vicious of life openly challenge us to be upon our guard and there is no great share of merit to be to the youth who plainly perceiving the danger arms himself in good time against it but when prosperity all around us and affection is continually striving to make us happy by the of kindness the heart is sometimes taken unawares by its own and overflowing content and may fall into the of that pleasure which the generosity of friendship itself e y hospitality of the country i do not wish to conceal the fact that at this time of the life of mr he was not altogether free from the censure of sometimes yielded to the of the and fallen into some occasional of conduct i am aware that this charge has been made in graver form with some of detail and circumstance it is partly to correct what is false in this but much more from a consideration of what is due to truth and to the impartial of the subject of my biography that i now allude to it i cannot be insensible either to the duty of to the youth of the country a picture of an eminent man in whose career they may study the best lesson for their own guidance to a life of public usefulness and to the reward of an honourable fame i should not be true to this aim if i kept out of view the occasions which should enable mo to show how strictly the most virtuous natures should observe the tendency of every quick impulse doubt its safety and check its first extravagance was now twenty five years of age he was warm hearted and his mind was quick and with a strong relish for wit and humour an old friend who knew him well in that day says of him he had never met with any man so highly engaging and his figure was strikingly elegant and commanding with a face of the first order of masculine beauty animated and expressing high intellect his manners took the tone of his heart they were frank open and cordial and his conversation to which his reading and early pursuits had given a classic tinge was very polished gay and witty altogether he adds he was a most fascinating companion and to those of his own age irresistibly and universally winning such a character we may suppose to be but too susceptible to the influences of good fellowship which in the of youthful association not take the discretion of the by surprise and its the fashion of that time increased this peril an unbounded hospitality amongst the gentlemen of the country opened every door to the indulgence of habits the me s of enjoyment were not more constantly present than the s chap v character of the bar to use them every dinner party was a every ordinary visit was a temptation the gentlemen of the bar especially indulged in a license of free living which habitually approached the of and often them the riding of the circuit which	29
court to court when the gentlemen of the bar and rode forth more like than learned clerks or like the partially united the character of both was no very popular virtue in the troop amongst those who constituted s associates on these occasions was the most intimate james also was a companion and friend of both these so early began lost nothing of their kindness or sincerity throughout the and of life the father of the gentleman i have just named was a man of high consideration in the state he was a member of the in from and most known for his ability and zeal on the side of the colonies in their resistance to the of the parent government he was the intimate friend of henry lee indeed of all who had become distinguished in virginia in the first movements of the revolution with mr he had a nearer connection having married his sister he died in may almost immediately after the of that in which he had distinguished himself by the spirit and eloquence with which he urged the proposition then first introduced by himself for a more effective and concentrated action of the colonies through the means of a proposition which being adopted seems to have stimulated the formation of the first continental he left behind him six children of whom the three youngest were sons peter samuel and the youngest of these was bom but a month before the death of his father and was therefore not more than half a year the junior of his friend and comrade these two young men so near the same age living in the same part of the country at the same bar possessing great of temper and character both animated by the same ambition contracted an affectionate intimacy which never afterwards lost its warmth and which as the reader will hereafter perceive was most pleasantly illustrated in the correspondence between them to the latest period of their lives peter the eldest of the three brothers attracted the particular notice and regard of his uncle mr in whose published correspondence will be found many evidences of the concern he took in the education of his nephew this gentleman had directed his attention to the bar which at that date much more even than at present was regarded as the best avenue to distinction he however did not practise but preferring rural life and the pleasures of philosophical and literary study himself to a farm in where he lived greatly beloved by his friends for his bland affectionate and upright character and admired by all who knew him aa a polished and elegant scholar see mr s letter to april writings of vol p chap v anecdote a prophecy colonel the second of these sons is still an country gentleman well known both in the political and social circles of virginia as one of her most valued citizens he resided during a great portion of his life upon a landed estate in called and represented his district in the state where he acquired an extensive and well deserved influence it waa in the circle of which these gentlemen were amongst the most prominent members that found the cherished companions of his early life incident connected with this period is worth relating james and were on their customary journey to the adjoining county to to attend the court there the state of as that county was called in their terms they had been amusing each other with the usual which their intercourse was noted for making clever speeches as they rode together in these he was wont to imagine some condition of circumstances adapted to his sometimes he rode ahead of his companions and waiting for them by the welcomed them in an of mock gravity to the of the state of representing himself to be one of its sent there to receive the distinguished persons into whom he had transformed the young of the circuit these and others of the same kind are said to have been of the most comic spirit and to have afforded many a laugh to the actors at the time of the incident i am about to relate the three whom i have mentioned arrived at s brook in the residence of peter where they dined and passed the night during this visit whilst indulging their customary merriment entertained them with a discourse upon the merits of himself and his companions in the course of which he undertook to point out their respective in after life you said he have indulged a vision of eminence you shall be gratified and shall hold a seat on the bench of the court of appeals of virginia your fortune william he continued addressing himself to shall conduct you to the attorney of the united states where you shall have harder work to do making speeches in the woods of as for letter to t myself i shall be content to take my seat in the of the united states this little passage in the lives of the three gay companions has only become notable from the singular fulfilment of the prophecy in respect to each of the parties within a year or two the marriage of his doctor died in the division of his estate which became necessary upon this event a portion of it known as rose hill was allotted to the young wife and her husband and here built a house which became his residence rose hill was m the vicinity of pen park and as its new had no children they spent so much of their time in the family mansion as scarcely to allow us to say they had changed their dwelling place amongst the several letters of which have been preserved belonging to this period i find them all dated at pen park affording evidence of the fact that the writer had not ceased to regard	29
himself as an of the i am tempted here to give one of these letters written in the spring of to his friend which dealing with a matter of no more importance than an invitation to dinner may nevertheless interest the reader by the picture it affords of the of its author i cannot go over to see you to day my good friend and i have almost as many and as solid reasons for my conduct as doctor had for not wearing stockings with boots the first of his was that he no stockings and his was satisfied let us see whether you will be as candid we have a troop of visiting cousins here who have come fit m afar and whom we cannot you know decently invite to leave our house secondly we have perhaps finer lamb and to day for dinner than ever the table of not meaning to imply any thing to the of or j or something i forget what mr is here who brings an historical critical and account of and its inhabitants to conclude we have determined that immediately chap vi happy life at pen park upon the receipt of this you are to start for this place for you observe that the same reasons which justify my staying at home prove the propriety and i hope you will think necessity of your coming w w n v i s sa w r w chapter vi happy life at pen park misfortune death of his wife religious impressions to remove to rich elected clerk to the house of new acquaintances henry resolutions of ninety eight re elected clerk at two succeeding temptations to free living trial of for a under the law hay and defend him course of the l a singular incident judge chase fourth of july embarrassed the term of his residence in may be reckoned as marking the golden days of william s youth he came to this region poor and we may say without friends at least without such friends i to acknowledge my for of i have been able to collect relating to the family of dr and mr s tion with it to the kind assistance of the hon wm c of castle hill in and of his friend and neighbour mr minor a of doctor i may take this occasion also to express my obligations to mr david of for some interesting particulars relating to judge and to messrs john r of the accomplished editor of the southern messenger and john m of charles county for very acceptable respecting the early life and professional history of mr to numerous other friends i owe the same acknowledgment for many received in the course of my occupation upon these and must content my self with this general of my thanks for services which have been less useful to me than they have been of the highest of the worth of the subject of my labours vol t y misfortune as open to us the road to fortune he was inexperienced in the ness of life provided with no great store of useful knowledge not yet sufficiently acquainted with the strength or value of his to give him assurance of his fitness for the through which alone the career he had chosen might become prosperous we may imagine him also neither over confident in his discretion nor sanguine in his dependence upon the guidance of his judgment yet here it was his happiness to witness the quick growth of esteem and consideration to become conscious day by day of the of those talents which were adequate to the winning of a good renown here he found himself growing with rapid advance in the affections of a circle of friends whose attachment was then felt as a cheerful light upon his path and which promised a not less radiance over his future days but above all other here it was that he became an of that delightful home which love had furnished and which wise counsel and instruction made as precious to the mind as its other had made it to the heart we if we believe that a life of content is the most to the fortunes of a young for it need not be told to those who have been most active in the trials by which consideration is won in the world that the highest order of talent stands in need of the spur of occasional disappointment to its vigour nor that a career of enjoyment is apt to dull the lustre of the brightest parts and the ambition of the most generous and capable natures is not the most in the cup of human experience and the best to brace the mind for those in which virtue is proved and renown achieved was brought to the test of this truth more than once during that period of happy amongst the delights of pen park we have already noticed the death of doctor his guide and friend in the fifth year of his marriage a more severe calamity fell upon him in the loss of his wife this event came with an overwhelming anguish to teach him if not the first certainly tiie most painful lesson of his life upon the uncertainty of human happiness and the duty of establishing our hopes upon foundations than treasures of earth chap vi l to there is ob in the early letters of mr some occasional indications of that sentiment of reverence for religious subjects which towards the close of his life had expanded into the prominent of his mind no occasion of no companionship of wild and careless spirits no youthful seems ever to have betrayed him into the of subjects esteemed sacred or to the practice of the and which are too indulged in the	29
of thoughtless youth or of age the death of his wife naturally strengthened this sentiment and occasion for the improvement of his heart in the entertainment of more earnest pursuit and study of religious topics i do not mean to affirm that this event led him to any external profession of religious duty or that it in any very perceptible degree altered his in the presence of the world but it had its influence in more deeply upon his character that profound sense of the of spiritual truth and the solace of christian faith which every mind finds in the meditations which are prompted by the death of those we love the time had now come when he was once more to be thrown upon the world his marriage had been without children there was no tie but that of friendship and the remembrance of an affection to hold him to this spot he was young the world was still before him not less promising in its offer of the prize of ambition than it had been friends beckoned him to the labours of a fresh contest an aching memory drove him from the scenes that surrounded him the mind torn by grief readily to the of adventure and finds a double to action in the desire to escape from present suffering and the hope to surround itself with new objects of affection he determined to establish his residence in before he abandoned pen park he placed a over the grave of her who had first brought him to this spot the inscription upon it tells in brief nearly the whole history of this portion of his life for it speaks of the two events most impressed upon his heart and the sentiment that filled up the interval between the two dates to which they refer clerk of the house of here lies or wipe or she was born august th married may th and died september th come round her tomb each object of desire each purer frame with purer fire be all that s good that cheers and life the tender sister daughter friend and wife and when your virtues you have counted o er then view this marble and be vain no more thus closed a short episode in his life which comprehended some five years of early manhood illustrated by his first access of that circle of friends who became the solace of his after days and by the experience of the purest of all delights the associations of the domestic hearth its affections and its virtues the bitterness of that misfortune which broke in upon this period of content for a time suspended his practice and drove him to other scenes and occupations he went to where the was in his friends in that body persuaded him to become a candidate for the post of clerk of the house of the of this office were sufficient for his comfortable support and the duties belonging to it were not so but that he might pursue his profession whilst he held it the office itself was one of sufficient consideration to be regarded by a young man to whom all public station was new as an advancement in the career of life it had been occupied in past time by by and others of name and fame in the state was elected and forthwith entered upon its duties this appointment was so far serviceable to him that it brought him into acquaintance with some of the most distinguished men of the day mr whom he had previously known mr mr of and mr were members of the at this henry had also been elected to a seat i am almost afraid to claim these verses as original but i believe they were written by mr if my reader more than i am with the stores of this kind of literature should be able to trace them to another author he will excuse my error they resemble in style and structure some few poetical of mr w which have come to my hands chap vi henry in the house of but his death which took place a few months after his election deprived of the opportunity to make a personal acquaintance with or even to see the great orator whose it became his province afterwards to mr henry s in this assembly had been looked to with a most profound interest throughout the state the celebrated resolutions of ninety eight had passed at the previous henry s hostility to these resolutions had awakened his characteristic zeal in the cause of the country and had brought him out from his retirement once more to seek active duty in the field of his old renown this was at a time when his constitution greatly shaken and by disease had left him physically but the wreck of what he had been though in mental power we may infer from what is told of the eagerness with which he threw himself into this contest with the distinguished men who sustained the resolutions his had not yet lessened his confidence nor the of his eloquence he had sided with the on the questions which gave rise to those resolutions and had expressed himself to the in his county during his in terms of deep and hostility against the position which virginia had assumed at this crisis in his addresses on this occasion to the people all his ancient fire seems to have and there was every indication given that in the approaching of the to which he was elected his voice would be heard in rebuke of the proceeding of the previous assembly as clear and as stirring in its notes as of old it had been heard above the din and tumult of the the side he had taken on this question was remarkably it was in opposition to the opinions of the great majority of the people	29
of virginia and to that of the most and powerful political leaders his hostility had raised mr and his to whom i have already referred to the defence of the resolutions and it was every where hinted that the coming was to be one of extraordinary interest so strong was the feeling against mr henry for his course in this juncture that his oldest and best friends were from him some excused what was called his on the ground of his age and others less charitable them to worse motives resolutions of ninety eight all looked to him however friend and enemy with intense interest to note his conduct hear his argument and weigh his opinions all conscious that in this probably the last scene in his public life a great effort would be made to sustain his fame death came to his rescue to save him from a contest in which whatever might be the weight of his wisdom the glory of his eloquence or the integrity of his heart however brilliant the exhibition of all these they would have proved either to the friendship of or to overcome the hostility of the excited numbers who had already and condemned him his triumph might in no event be won for the day in which he lived time only could be regarded as the true of his wisdom doubtless when he resolved upon that contest he sought no of applause from the present he looked only to the future the sage who has filled the measure of his days and who standing upon the margin of the grave has no longer a motive to with human passion or to personal interests scruples not to defy the world s opinion and to utter unwelcome truth to the generation around him has even a positive pleasure in this duty he appeals to posterity for judgment and is content to bide its coming old age contemplating its access to the world of eternity instinctively to reckon itself as associated with the future and therefore more delights to speak to a coming generation than to that which it is about to leave how far mr henry s opinions in regard to the famous resolutions of ninety eight have been justified by what has been developed since is a speculation which may amuse those who take pleasure in exploring the tendency of the mind to the importance of political events in the time of their bringing forth and to remark how often and how significantly time man s wisdom by turning the current of his fancied great exploits into channels which lead to nothing losing their stream in the sand these resolutions so noted have already served out their time and have been cast into the great of as things of no useful import to be of the constitution they already require themselves and apparently being scarce deemed worthy of the study of a they have been abandoned to their fate they are now seen only as a floating chap vl gay society of where there is no and warning the of dangers to which he has learned to trust his without precaution or alarm so great however was the excitement against mr henry at the time to which i have referred that upon the announcement of his death to the and the suggestion of a monument to the gratitude of virginia in behalf of the great and orator party zeal so far over the honourable pride of the representatives of the state aa to dismiss the proposition and from the silence of the journals of subsequent upon this proposal the dismissal seems to have been final served in his new office with credit and full public approbation through the and was re elected to the same post in the two succeeding years if the society which afforded him daring his term of public duty served to extend his acquaintance and good with those whose esteem is amongst the most precious things of life to a young man it also brought him into some of those perils to which he was from his character peculiarly exposed the was a of gay and youth as well as of wise and sober age the city in which the sat was somewhat noted of old for its choice spirits its men of wit and pleasure and its manifold to tax the discretion of those who had no great store of that to meet the the young clerk of the house was a great favourite with all every door was opened to him every gay circle welcomed his coming and the and admiration of friends were by draughts on an which suffered more from what it received than from what it a witty and playful spirit which could not be exhausted in its but which too often lost its guidance in the cloud of homage it brought around itself this portion of his life mr in his own review of it was accustomed to consider as one of great temptation indeed in the midst of its he was often led to reflect upon the necessity of a more severe devotion to his better aims as he conceived them to be in the steady pursuit of his profession he held the post of clerk of the house of during three of the in the first year of this m of service he was brought somewhat to the public observation as trial of i the of this person who seems to have made t trade of who had been equally at different periods the of washington of and of was in the spring of at the instance of samuel chase then the judge of the government over the circuit which for the publication of a which had gained an extensive at that period for a scandalous upon the existing administration this was entitled the prospect before us and is yet remembered by many as one of the most	29
i could the specific purpose for which i meant to contend i think it was that the jury had a right to determine every question which was to determine the guilt or innocence of the the judge asked me vi singular incident whether i laid down this doctrine in civil as well as criminal cases because said he if yon do yon are wrong i replied that i considered it true but that it was sufficient for my purpose if it applied to criminal cases only i went on as well as i was able with l e argument when i was again interrupted by the judge what the circumstances were or the words used i do not recollect i believe that i was interrupted more than twice my impressions then being that i should he obliged to undergo more humiliation than i conceived necessary i retired from the bar when judge chase found i was about retiring he told me to go on i told him that i would not he said there was no necessity for my being i replied that i was not and that i would not proceed and immediately retired from the bar and i believe from the room in which the court was held mr says after mr sat down i followed him and was not interrupted by the judge mr hay followed me and observed that the jury had a right to decide the law mr chase asked him whether he meant in civil as well as in criminal cases because if he did he was wrong mr hay replied that he conceived the pro position to be universally true but that it was sufficient for his purpose if it applied to criminal cases he then proceeded a little further and was i interrupted by the judge mr hay then stopped folded up his papers and left the court and we left it at tlie same time what happened afterwards i know not so the three young lawyers out of court with their papers up hay led the van and young with his laughing eye and sly face casting queer glances no doubt right and left amongst the bar inside of the railing and the spectators outside brought up the rear this was a scene under the of ninety eight we must suppose now on being deserted by his before the awful majesty of chase s brow the jury we may imagine too were affected to indignation and anger and the crowd moved to pity at s forlorn and state the bar perhaps indulged a little secret comment whispered in their sleeves some laughing hints of and the three retired counsel after wearing the face of indignant patriotism for a limited time when judge chase b they got together at one or the others office we must believe had some rather whether would the better for this first effort at or congratulated themselves at getting out of a case that was pretty sure to go when judge chase came to deliver the opinion of the court language in reference to the question which seems to have raised the indignation of the counsel was as follows i will my reasons why i will not permit the counsel for the to offer arguments to the jury to urge them to do what the constitution and law of this country will not permit and which if i should allow i should in my judgment my duty disregard the constitution and law and surrender up the power of the united states t w the on which the is that the jury who shall try the cause shall have a right to determine the law and the fact under the direction of the court as in other cases by this provision i understand that a right is given to the jury to determine what the law is in the case before them and not to decide whether a of the united states produced to them is a law or not or whether it is void under an opinion that it is that is contrary to the constitution of the united states i c e e i cannot conceive that a right is given to the jury to determine whether the under which they claim this right is constitutional or not to determine the of the the constitution of the united states must necessarily be resorted to and considered and its provisions inquired into it must be determined whether the alleged to be void because contrary to the constitution is by it expressly or by necessary was it ever intended by the of the constitution or by the people of america that it should ever be submitted to the examination of a jury to decide what arc expressly or imposed by it on the national i cannot possibly believe that intended by the to grant a right to a jury to declare a void the man who this position must chap vi fourth of july have a most contemptible opinion of the understanding of that but i believe the defect lies with himself this is a short extract from an opinion at some length in which the question is most argued whether the concluding remark of the paragraph above quoted was designed as a reflection personal to the counsel in the case or not it certainly may be regarded as and perhaps of some degree of temper which we may believe to have been roused by the collision which the trial produced if there was any purpose of reflection upon the in it we have reason to infer that it was not specially provoked by the of towards the judge seems to have retained the kindest feelings speaking of the incidents of his trial on the soon after it was concluded to a friend of the young after whom he had inquired with an affectionate interest he remarked they did not summon him	29
my dear this moment i received yours of the th first with regard to the you will have heard before this reaches you that on the evening preceding the last day of the james was elected clerk for the purpose of making his way easy at the next if after this you determine to offer for the place you may expect from me all that the warmest friendship can perform and though i am removed from the immediate scene of action i flatter myself i could be of service to you f now for my honour as to the profit it is a decent maintenance next year the probability is it will be worth five hundred pounds on which i can live and although the together with my practice would have produced more cash yet it was precarious and therefore subjected me to the hazard of living beyond its limits it was earned too by that kind of labour which left no opportunity for the further cultivation of the mind there is another reason wished to leave on many i dropped into a circle dear to me for the amiable and traits which belonged to it but in which i had found that during several months i was my health my time my money and my reputation this conviction dwelt so strongly so incessantly on my mind that all my cheerfulness me and i awoke many a morning with the feelings of a madman i had resolved to leave and was meditating only a decent pretext to cover my retreat in this perplexity the appointment descended upon me of with the benevolent grace of a guardian angel yes my dear if i do not fill the office with justice at least to my country it shall not be for want of effort on my part your friend wm vn col robert the entered upon his employment as we may infer firom this letter with a hearty resolve to make this event an era from which he might date the beginning of a graver and more steadfast career of duty and self control during his residence in his good fortune brought him into an intimacy with the family of colonel this gentleman was a merchant in that city and was greatly esteemed for his and intelligence he was wealthy or at least in the enjoyment of a which enabled him to practise a liberal hospitality his fireside was familiar to the most cultivated society of the time his manners were grave and thoughtful such as attract the deference of the elder portions of the community and command the reverence of the young the clerk of the house of had a special motive beyond that of his companions who frequented colonel s house to desire his good opinion his life unfortunately rendered this perhaps a more venture than many others found it his intimacy brought him within the sphere of the attraction of one who was destined to become the guardian spirit of his life it was not long after the period to which our narrative has now arrived that elizabeth the second daughter of col became the wife of the subject of this of all the fortunate incidents in the life ci william his marriage with this lady may be accounted the most during the long term of their distinguished for its happy influence upon the fortunes of both her admirable virtues in the character of wife and mother her tender affection and watchful solicitude in every thing that interested his domestic regard and in all that concerned his public commanded from him a devotion which to the last moment of his life glowed with an that might almost be called romantic in the many letters which have been preserved written by mr to his wife beginning in the earliest period of their acquaintance and continued to the last most of which have passed under the review of the author of this biography if such confidences could be published to the world they would exhibit to the reader the most agreeable evidences of an attachment of which time had no power to dull the edge and which not less intensely engrossed the affections a theatrical incident of his mature age than it commanded the worship of his early manhood no can better express the merit of a woman than a tribute from one so able to observe and so formed to appreciate female excellence this prize was not won without many apprehensions the lover had not yet given that to fortune which might be said to strengthen the assurance of the father in the success of the young the giving away a daughter s hand is a perilous and responsible office to a parent men weigh this matter often with anxiety even when the foundations for hope are strongest the clerk of the house we must admit was not in the safest a father s ready consent there are some men who early and at eight or nine and twenty have their full freight of discretion and judgment there are others whose boyhood runs into a later date was one of these as they who were intimate him in advanced life might testify a certain of character if i may call it so did not altogether desert his mature age and indeed often disputed the mastery in it colonel the story goes had his doubts whether the should be presently sped in his enterprise or whether he should wait for a longer when he was consulted by the candidate on that awful point to be or not to be there was some and the young gentleman was put upon his good behaviour during this interval as the tale has been told colonel g had occasion one summer morning at sunrise to visit his future law s office it happened that had the night before brought some young friends there and they had had a merry time of it which	29
had so the hours that even now at sunrise they had not separated the colonel opened the door little expecting to find any one there at that hour his eyes fell upon the strangest group there stood with the in his right hand the sheet iron fastened upon his left arm which was thrust through the handle on his head was a tin wash basin and as to the rest of his dress it was hot weather and the hero of this grotesque scene had dismissed as much of his as comfort chap second marriage might be supposed to demand for a light that greatly added to the theatrical effect there he stood in this with an abundance of stage s upon the thieves his back was to the door the opening of it drew all attention we may imagine the queer look of the anxious as colonel with a grave and silence bowed and withdrew closing the door behind him without the of a word how long this incident might have deferred the hopes of the young people we cannot say but the promotion to the came in most to sustain the pretensions of the lover and to furnish a new pledge for his future and all further trial was with he was married in on the th of september he held the but some six or seven months after his marriage the duties attached to it were nearly all his time whilst they excluded him from that various practice upon which he had built his hopes of eminence the salary was too small to meet the demands of a family and at his time of life he felt that such a post was to be regarded rather as an to his progress than a the chief advantage to be derived from it was the testimony it gave to the world of his standing in his profession and that benefit was not likely to be greatly by his continuing to hold it a appointment in this country may justly be regarded as the appropriate honour of professional life after the active period of ambitious labour is past it is best adapted to that stage when men may be supposed anxious to exchange the toils of practice for honourable elevation and for the leisure that may enable them to and improve the studies which in the of full occupation at the bar generally produce fruits more abundant than ripe but to a young lawyer stimulated by the hope of and by the of genius intent upon his profession and turning it to good account in the of wealth such an appointment is but a at every step after the first these considerations were brought very to his mind in the position in which he now found himself in the month of november he removed his wife to and devoted himself throughout letter to w b and my wife and as they beg for bread may have to boast that they were mine honour and glory are indeed among the strongest attractions but the most towering glory becomes dust in the balance when poised against the happiness of my family if you think it right that i should resign the questions which remain are when shall i do so and in what country shall i resume the practice of law as to this when i am thirty years of age fifteen years will make me forty five in my opinion a man of forty five ou t to be able to work or play as he pleases i have no notion of toiling on till i am too old or too to enjoy even retirement so tbat i have no time to lose as to the where in virginia the most popular lawyer in the state merely makes the ends of the year meet i mean i have this from the gentleman who keeps his bo virginia therefore is not the country for my purpose the city is not to my taste or interest it would require too much time there to take root in the soil of every thing with rapidity besides i love the ardent character of the state and moreover it is a country calculated to give a man his choice of modes of life land being cheap and fertile he may farm it on his country seat or dash away when his wealth will it in the circles of the gay or float his commercial speculations down the this latter view of the subject is meant to apply to the various views of those to whom i shall with the blessing of give my name pray let me have your thoughts at large on this subject c c ie e heaven preserve you your friend wm to march you speak of my removal to like a friend the separation from many who are dear to me will be painful it is a pain which i seem to have been destined to more frequently than almost any body else equally fond of friends from the time i first left my native roof at the age of seven i have lived nowhere except merely long enough to let my take a firm root when either want or calamity has torn me up and me into some strange and distant soil eight or ten times i have experienced this fate and although a separation from those whom i love and who love me however often repeated would still be painful i derive comfort from vii letter to he thought that my stars have never yet thrown me upon a soil too old or barren for friendship and love and besides were i to re here i should be almost as much lost to you and my other friends in as if i were on the banks of the owe you my dear friend a detail of the reasons which me q this measure and	29
i render it with pleasure if i had nothing else to consider but the immediate support of my i should be obliged to resign my although cry out qui fit it is not caprice but the iron hand if want which me to this resignation it is true that by every social advance from the inhabitants here which i should e obliged to do since i could not return them by myself day to day and forever within the solitary walls of my own loose my salary might be sufficient to purchase bread and meat and as such a life might require but these are conditions i choose not to impose either on others or myself another with terror is that as my salary depends on my own life my death would throw my wife and children on the of a cold and selfish world all these things considered and that i am now in the prime of life i would ask whether it would act be mean little and worthy of eternal to sit quietly down the light of conscience and see these misfortunes coming upon me one after another in succession would you think a man worthy of your friendship who should be capable of such disgraceful the resignation of the becoming thus inevitable the only remaining question is where shall i resume the practice of my profession the answer clearly is in that country where i can with most certainty achieve the object for which i resign that is a support for my family independent of the world and of my own life you understand me this is a question which i have deliberately considered not in the delirium of a fever hissing hot master but with all the scrupulous conscientious coolness of which my mind is capable you ask why quit the state which has adopted which has me which has raised me to its honours it is the partiality of your friendship which puts this question i am sure that it is very to virginia where i reside x x i throw this point entirely out of the question and consider simply the interests of my family to this i am determined that every feeling of private attachment and for virginia shall bend knowing as i have done the agony to which the want of wealth or at least independence any mind not devoid of sensibility it becomes a point of conscience in the first place and the b soon an object of of delightful pursuit to shelter those who are dear to me from all danger of the like torment having once effected this purpose death who would be to me now a king of terrors indeed would become merely a master of ceremonies to introduce me into the apartments above you ask me how many you could name who are now at the bar in this country wealth as fast as their hearts can desire or quite fast enough i answer i don t know how many you could name w it is true made a fortune c is also making a fortune with the exception of these two there is not another individual who has hitherto done this at the bar of these courts or who is now in the way of doing so i am not sure of john of he however practised at a most period such a one as does not now exist baker washington and others what have they made by the fro f not more than the most ordinary lawyer in is able to do in five or six years x between ourselves i was thirty years old the eighth day of last november have i any time to lose and considering the uncertainty of life and the certainty of death is it not the highest wisdom to improve every flying moment to the best advantage r ten years of life would do but little here in they might and probably would make my family for the first time in my life and with shame i confess it i look forward my dear with a thoughtful mind and a heart aching with uncertainty to the years that lie before me i cannot abide the reflection that the time shall ever come when my conscience shall reproach me with having neglected the interests and happiness of my family with having involved by my want of energy and enterprise a lovely and innocent wife with a group of tender and helpless children in want and misery it but hope like an angel of peace whispers to my heart that this shall not be she does indeed sketch some most and scenes to my waking as well as sleeping fancy wealth respect the love of my fellow citizens she designs with the boldness and grandeur of an while with all the softness and sweetness of s pencil she draws my wife and a circle of blooming and smiling happy as innocence and peace and plenty can make them your friend wm vn a speculation the waa resigned in may and the of e to abandoned now determined to lake up his abode in in accordance with mr s although for the present he still resided in to june well sir you have heard that i have myself of the s and i feel much the cooler and lighter for it not but that there was some awkwardness in coming down to conflict with men to whom a few days before my was the law the pride was a false one and i myself on it i feel little triumph in being thus able to get out of myself to survey from an intellectual distance the workings of my own heart to discern and to its errors the man who can thus make an impartial and candid friend of himself has gained a great point in the and perfection of	29
his character thus it is that a man the account of his feelings mortification presents her charge and vanity raises a item you are aware that i am already done with the project i heard very lately that there was no cash in that state that were paid in horses cows and sheep and that the eminence their lawyers was estimated by the size of their drove on their return from their while on the other hand i was drawn to by the attractions of her bank the single experiment which i have made this latter move i have been to one district at the town of received cash two hundred and eleven dollars and received other business from substantial merchants making the whole amount of the trip five hundred and twenty eight dollars i consider as no ill omen of my future success in one word i am assured and i have every reason to believe it that my annual income will be twelve hundred pounds on one half of which i can maintain my even were it much larger than it is two or three years practice will put me in the possession of cash which in such a place as i shall be able to turn over to the greatest advantage and all things considered i do not think the hope extravagant that by the time i am forty or at farthest forty five i shall be able to retire from the bar in ease and independence and spend the remainder of my life in the bosom of my and in whatever part of the i plea e vol i o professional success fl bo that i think it not i shall at last lay my bones near you in the county of c k l k c i leave this place to morrow adieu my dear friend wm chapter viii practice in professional success letter to pope comments on the op birth op his eldest child religious ments trial op singular case op evidence his residence to after the resignation of the repaired to to the practice of the law in that his family residence however was still kept up at and was not changed until the winter his reputation increased by his late official position now began to bring in to him a full harvest of professional fruits he found himself at once into what at that day was termed a large practice and it was manifest that he was rising rapidly to a commanding eminence at the bar amongst the letters of this period i find one which dwells somewhat in detail upon his progress in his profession and contains some upon the policy of the state in reference to these have not lost their point ie present day and may be read with profit in other sections of the united states than virginia this letter is written to one of the first and best of s in that state the name of william pope will frequently occur in these pages connected with a familiar and playful correspondence this gentleman now an still to attract the of a large circle of friends whose most cherished recollection of viii letter to po e him invariably associates mm with the memory of the subject of these he resided at the date of this correspondence as he does at the present time at his family seat in a central point between and somewhat famous of old for the good fellowship attracted by its worthy proprietor to william pope august mt dear sir it gives me pleasure to find that my resignation is not by my friends to me the measure was necessary the present and future provision of my family depended on it i only wish that it may lead the way to some resignation whose inconvenience the state would sensibly feel such an event would bring our fellow citizens to their senses on the subject of to be sure in a republic public economy is an important thing but public justice is still more important and there is certainly very little justice in expecting the labour and waste of a citizen s life for one third of the which he could derive from himself to the service of individuals most surely there is no f round on which such a sacrifice could be justly expected except on the ground of public necessity if virginia were too poor to pay her officers it would then become patriotic indeed it would become a duty to make this sacrifice to the country s good but as it is merely the will and not the power that is wanting it is out of ihe question to expect that a man should make a burnt offering of himself his wife and his children on the altar of public or public whim it is really humiliating to think that although these plain truths will be acknowledged by any member of the to whom you address them in private yet there is scarcely one man in the house bold enough to vote his sentiments on the subject after a call of the and he will not dare to his re election by such a vote where is the difference between an assembly thus influenced and the national assembly of france held in and impelled by the lawless shouts of a gallery would a or a in the roman even have suppressed much less his real sentiment from a fear of public censure or is public virtue a different thing now from what it was in their time but the best of human institutions have their defects and this is one of those which to the glorious scheme of government in all cases whatever may be his own opinion the representative seems to think himself a mere mirror to reflect the will of his with all its and i even	29
the into which i had heen had sealed my eyes and hidden from me the rich of the righteous it was you whose example and tender rescued me from the horrors of confirmed guilt and taught me once more to raise my mind to the more i reflect on it the more highly do i prize this i am convinced thoroughly and permanently convinced that the very highest earthly success the crowning of every wish of the heart would still leave even the earthly happiness of man the soul has more enlarged demands which nothing hut a communion with heaven can satisfy the soul requires a and more solid a stronger anchor a safer port in which to her happiness than can be found on the surface of this world remembering how often heaven away our to show us the of and to point our thoughts and affections to a better world i pray that its kindness would so my love for my wife and her child as not to destroy the reflection that for them as well as every other blessing i depend on the of my god and never to permit my love for them to destroy my gratitude my humble dependence on the father of the universe whose power is equalled by his parental kindness and mercy how should i be laughed at if this letter were read by those who were once my wild companions how should i be envied if they chap trial of knew he sweet feelings with which i have poured out these firom my heart i gay and light hearted as the author of this letter always was even to the latter days of his life and noted in youth for what might almost be deemed the excess of this temperament these evidences of his graver thoughts and feelings cast a mellow tint over his character and furnish an early of the hue which distinguished it in the evening of his career he was about this time concerned in the trial of a cause in together with his friend and mr a gentleman who was promoted to the bench as counsel for a man by the name of this case is only remarkable as a curious instance both of the of evidence and the uncertainty of the verdict of a jury when perplexed by the eloquence of counsel was for the murder of his father in law who had been shot at night in his own house through the window no motive was known to exist for the deed the murderer was unknown and the circumstances of the case almost defied investigation the death was produced by the morning after the murder whilst ike neighbours and such others as the rumour of the deed had brought together were examining the premises to find some clue to the discovery of the and had come almost to the point of the inquiry as hopeless one amongst them a man somewhat noted for bis in curious investigation placed himself in what he concluded must have been the post occupied by the murderer when the shot was fired then examining along the line of the direction of the fire he discovered a small piece of letter paper which the mark of powder and fire upon it must have been part of the of the gun this paper had a single letter m written upon it and torn from the word to which it belonged about the moment when this discovery was made some one remarked that the in law had not been present that morning his absence on such an occasion was thought strange and forthwith a general inquiry was made after him with no stronger ground for suspicion than this fact a search was immediately made to ascertain where he was he dwelt on the opposite side of james river some seven or eight evidence miles distant but it was proved that he had been in the day before with a gun which was without a lock a blacksmith who gave this testimony stated moreover that had brought the gun to him to be repaired and he not being able to repair it that day it was taken away in the condition in which it was brought a party now set out for s house he was not there he bad not been there during the night they pursued their quest and found him at last thirty miles off in a tavern asleep with his clothes on upon being arrested and examined a few were found in his pocket and a letter with one comer torn off to which the fragment picked up at the house of the deceased was applied and found to fit the letter m with y and showing its proper relation in a written sentence these facts it seems were not strong enough to persuade the jury of the guilt of the prisoner one of the twelve more scrupulous than the rest or we may infer more susceptible to the influences of the eloquence of counsel who were doubtless very ingenious as the phrase is in the defence of the suspected hung out and as a consequence starved out his and so brought them to the confession that they could not agree and they were accordingly discharged and was allowed to go forth to claim the benefit of his successful speculation appears to have excited great expectations as the counsel in this case the court house at was thronged with a large number of ladies amongst the rest and his speech in the case is remembered as one of the best of his early at the bar in a letter to his wife written when this trial was about to come on th there is the following reference to it only one judge to day is expected to e e k the gallery was full of ladies expecting to hear as	29
c tells me mr w defend vain creature say you vain enough but not on this account the man who knows and his own and can draw off from himself so far as to make a proper estimate of his own will not be hurt by the of others k e e e chap ix to wliat do you think of s gallantry although in irons and chained to the wall and floor he has made a conquest of the s wife and she has declared her resolution to petition for a divorce fr n her husband and follow if he is to the of the world la the month of december took a house in and by the commencement of the new year he removed his thither to make it for the his permanent abode chapter ix the british spy enemies made by it letters to with some anecdotes connected with the publication the spy ms opinion op that work now appears in the character of an author during the month of august he commenced the letters of the british spy they were published in september and october in the at the popularity of the british spy had scarcely a parallel in any work in the same department of letters which had at that date been contributed to american literature it may be regarded as having conferred upon its author a distinct and prominent literary reputation the reader of these letters at this day will express his surprise that the judgment should have given such weight to a production so and so he will not fail to perceive it is in these essays an agreeable of high literary accomplishment but he will regard this rather as the earnest of a talent to achieve a distinction in letters than the achievement itself and he will find occasion in the singular success of this little book to re mark how eagerly the taste of this country was disposed at that period to welcome any clever effort to contribute even the the british spy towards the increase of our small stock of na author ship these letters are written in a polished and elegant style very a most accurate study and appreciation of the best standards of english literature they deal with such topics of superficial observation as a casual residence in virginia and particularly at might be supposed to supply to an educated the traits of virginia society manners opinions and popular institutions are glanced at with a happy facility of observation some questions are discussed with an of remark and of information which that the science to which they refer was a favourite study of the author but the chief topic and one which it is evident furnished the motive to the writing of the letters is that which leads him to a upon modem eloquence and the illustration of it by a picture of some of the leading lawyers of virginia to this theme he had obviously given a careful study and sought to its conclusions in these letters he this duty with the love of a student on his chosen pursuit the british spy may in this respect be considered as the de of one who was no small in the art and in that light may be read with profit by every to the honours of the public speaker he who does read it will regret that a master who could so happily instruct has not at greater leisure with larger scope and at a period of his life given to the world a volume on this topic enriched by his own varied experience and profound philosophy the success of these letters astonished no one more than their author they were written rapidly and committed almost as soon as written to the columns of a newspaper where they appeared with every and to which such a medium of publication was liable although a studied concealment of the was preserved during the period of publication and for some time afterwards this did not protect the writer either from vehement suspicion at first nor from the final determination of the of the book by the community in some of the portraits which the author drew of his at the bar he is said to have given offence and to have chap ix enemies made by it upon himself threats of at the present time so remote from that which witnessed these we marvel that comments little to the personal excellence of the subjects of them which in fact rather infer and sustain their reputation as men sufficiently prominent to form examples and studies that these should have any one against their author it is nevertheless true as we shall see in some of the correspondence of this period that the author did not escape without making enemies by his book it is pleasant to know however that these were not and that some of the most intimate friends and associates of mr s subsequent days were those with whom he was supposed to have too freely dealt in the letters the which arose out of this publication did not check the author in the career of his humour nor disturb his nor did they him from his defence as may be seen from the perusal of the volume extensive as was the popularity of this small work at the time of its first appearance it is but little read at the present day forty years bring a severe test to the quality of any book they are generally to the million of light literature there was a time when few in this country were with a copy of the british spy it is not so now the press forth its stream with such torrent like rapidity and fulness that the current has well nigh swept away the light craft of the last generation even such	29
as were supposed to be most securely we must look for them now only in those and occasional where the fortunate has given them shelter against the pressure of the flood the british spy is still worthy to be and thrown more upon the wave the two following letters to furnish some pleasant anecdotes connected with the production of this little book in the second of the two the reader will mark some new aspirations towards literary enterprise agreeably mixed up with some details of professional occupation and with a grave upon a subject of growing importance in the mind of the writer letter to h i to january mt dear yours of the st reached me by the last mail i am rejoiced that this silence is at last broken was several times on the point of breaking it myself although as you acknowledge yoa were a letter in my debt but some perverse circumstance always the intention indeed like i have been about many things though i hope that like mary i have chosen the better part this is sunday so you must allow me to be a little but waving with you the why and the wherefore i rejoice at this of our correspondence and i trust that no wintry will ever again occur to its pulse of life even for a moment mark sir how i am but in plain nd sober earnest i look to you as one of those few well tried and friends who will often my brow of care and with soft and genial light the dusky path of life i look forward with a kind of plaintive pleasure to the period when after my are in the grave my children in turning over my old letters will meet with yours and my dear s and with eyes swimming with tears hang over your warm and affecting expressions of love ana friendship it is this that touches my heart it is this pathetic prospect connected with the present enjoyment of your intercourse that me against the chances of the world and new strings mj system for the labours of my profession but for the domestic which me and the conviction that i have a few valuable friends by whom i am known and beloved i should be the poorest wretch for business that ever groaned upon the earth how can men toil as i see them doing here business in their heads business in their hearts business forever in their faces without one to tell them what love and friendship mean not my dearest sir that i would turn my back on any business however but i must and refresh whenever the voice of pure affection calls me often my dear may yours call me you will find my heart ever ready to echo you but to answer you in order i come in order to a certain author y the british spy i shall not be either so or so affected as to deny the to be my own to the world however i do not choose to make any such for divers obvious reasons indeed i gain nothing by this silence the thing is as generally and confidently to me as if my name were in the title page for mr an brother o francis n anecdotes of the spy are to understand that very far beyond my expectations the has found it his interest not only to bind it up in a but to issue a second edition it is meet that i give you some of the rise and progress of this affair i was in attending on a business with whose painful anxieties experience has made you acquainted it was to divert my own mind during this period of uneasiness and alarm that i began to write but after the project was thus started i will acknowledge to you my that there were secondary considerations which supported and warmed me throughout the enterprise i was gratified by the which were generally pronounced on the composition and i was still more delicately gratified in observing the pleasure with which my wife heard those i was flattered by the circumstance while the world applauded it in the production to me and this without any other evidence than that of the work itself for the proved at least that the world had not a opinion of my understanding i adopted the character of a british spy because i thought that such a title in republican paper would excite more attention curiosity and interest than any other and having adopted that character as an author i was bound to support it i endeavoured to forget myself to fancy myself the character which i had assumed to imagine how as a i should be struck with its its public characters its manners together with the political sentiments and moral complexion of the generally i succeeded so well that in several parts of the country particularly in g and in the neighbourhood of the people went so far as to declare tliat they had seen the very foreigner and a he was too who had written the letters the editor of a paper in by whom the letters were declared his opinion that the author was an american who had received his education in great britain and had now returned to his native country otherwise he could not account for the of british prejudice with the intimate knowledge of this country which was manifested in the work you may be sure that i was not a little with these sagacious unfortunately however in my zeal to support my adopted ter i forgot myself too far in some of the letters hence the on the of s son hence the portraits of living characters which i drew with a mind as perfectly absorbed in the contemplation of the and as of personal consequences as if i had really belonged to another	29
planet and upon my honour with as little ill will towards either of the gentlemen it was not until it appeared in print that the letter r and w startled me then the stared me full in ihe face but the die was cast and to make the worst of it i had merely published truths but i had made enemies of vol i i anecdotes a the gentlemen themselves with all their and to w i have made some in the last edition of the with which he viewed the publication but to r i have not offered and i never will offer an he had the vanity to declare that the whole work although it embraced such a variety of topics had one sole design and that was to him was weak enough to mention in one of his arguments before mr the eye of the british spy and to express to his brethren his wish that the british spy was at that bar this has been told me on authority in his last wish he has been in a measure gratified he was called to the bar of the district court in an important case in which i opposed him the question was a legal one and the argument of course addressed to the court he had the conclusion and as and were the judges i was a little uneasy lest the weight of r s name added to the manner of his speaking should have an undue effect on their honours for this reason i thought myself to express this apprehension which i did with the highest compliments to his eloquence i went farther and anticipated as well as i could not only the matter but the very manner of the replies which i supposed he would make to my argument i am told that all this was most strikingly in the spirit style and manner of the british spy i had however no intention to wound his feelings but merely to do justice to my cause and give it fair play before the court from the faces of the company as well as from the looks of e that i had gone beyond my purpose and said more than the occasion justified i spoke to him and stated very sincerely the purpose of my remarks he professed to be satisfied but he was disconcerted and wounded past all power of he was so confounded that in his argument he manifested nothing of the orator nor even of himself but the person and voice his arguments were the very his cause furnished his order to use an was all confusion and he is said to have made me very worst speech that he ever did make in short he disappointed every body and lost a cause which he had declared himself all over the country sure to gain if he had never been my enemy before that one adventure would have made him so he is i suppose but as my heart me of any injury and as i fear him not i am very little disturbed at his displeasure mr w is not only reconciled but to all appearance even partial to me since he has been lately in my professional benefit too has given me a fee in a case perhaps they are pleased in running between themselves and some great roman as caesar who being severely by invited his to supper and treated him so a criticism ill that lie was ever after his friend be it so i am sore that i am no in intention and if i am not blinded by partiality the portraits in question are marked with and benevolence with regard to the of the thing i am not yet that established lawyers are not proper game for the press so far as their talents nor am i clear that the was wrong on the ground of public utility that it was i am willing to admit and i heartily wish i had let them alone yet i am very sure tiiat a great part of the public interest excited by the spy is to those portraits of prominent characters for my own part i declare sincerely that when i shall have reached that age in which i may be supposed to have touched the of my mind i should be so far from being displeased that i should be gratified in seeing my intellectual portrait set in a popular work it was alleged by a writer in the under the signature of that in a professional point of view the spy was because it was an attempt in the author to the talents of whom he ought to have met only on equal terms now the fact is that they are no of mine i do not practise in the same court with any of them and whether they are or damned my will be the same how then is my interest involved in the even if i were capable of being influenced in such a case by so sordid a principle i cannot being surprised at what you tell me relative to the opinion of my political i am not indeed surprised that such an opinion should exist for after the of b y almost any suspicions of this nature about any are but what am surprised at is that any man however young who deserves to be highly esteemed for intellect should believe the british spy to contain evidence of my for the purpose of personal concealment as well as for the purpose of keeping alive the public curiosity it was my business to maintain the character which i had assumed and therefore the sentiments of the spy are those of a would it not have been absurd to clothe a with the opinions and feelings of a and a republican i am glad that you yourself have viewed this subject in	29
a proper light no my dear i am not changed if i were disposed to i should at least have more cunning than to choose this time for it when the of the administration has struck its enemies blind and dumb those who suppose me an pay as poor a compliment to my understanding as they do to the of my heart but i am not angry with them for it since from what america has exhibited in some of her leading a criticism characters each man in the community has a right to exclaim with the world has grown so wicked that i am surprised at nothing your remarks on the spy as a writer are i think rather the sentiments of a friend than the opinions of a critic let me give you my opinion of those letters putting aside the traits by which the author his dramatic character his sentiments are generally just and sometimes display the man of feeling but his are too and the topics too lightly touched to contain much of the useful the letters a mind rather and than thoughtful and penetrating and therefore a mind qualified to amuse for the moment but not to benefit either its proprietor or the world by the depth and utility of its the style although sometimes happy is sometimes also careless and poor and still more frequently with and ite proves either that the author wanted time or industry or taste to give it throughout a more even tenor yet these letters are certainly superior to the with which we are so frequently through the medium of the press such is the character which if i were a critical and were this work i should certainly give of it and yet i cannot but confess that if a critic of reputation were to draw such a character i should be as much as if it were unjust strange inconsistent creature is man but enough of the spy except that i will tell you i was very near drawing the character of the honourable thomas in it i had the outlines fixed in my mind but i found on the experiment that in up the portrait i should be obliged either to the unity of my assumed character to some of the colours in the most manner i had another consideration he was the president with a considerable train of patronage and by the time which i had fixed for the of his portrait i had begun to be suspected as the author of the spy i knew therefore that political and meanness would the sketch to motives which i disdain on all which accounts citizen thomas has escaped being by my partiality for him you are beginning by this time to accuse me of but between friends there is no such thing for friends are one and besides i have said nothing more than what i thought necessary to myself against which you have no doubt read and which perhaps form a part of that torrent of abuse which has been and still is pouring out against me ie a c c e e te little did i dream of such serious consequences from what to me seemed an innocent sport much less did i dream that those trifles would have survived ihe newspaper of the day and least chap ix letter to of all that they would have been and extended by a second edition of the excuse my and believe me your friend wm to june you will me of the poor vanity of of the pressure of business in the of every feels the pressure of business this pressure often too depends less on the of business than on the strength and dexterity of the agent if i had given more of my time to the books and practice of my profession i should have less investigation and toil to undergo now but i used to think it enough to have a tolerable understanding of that kind of business which usually occurred in the middle country i had not the noble and which should have me to master the science of law in all its the consequence is that being to the shores of the atlantic where the questions grow almost entirely out of commerce i have fallen into a business totally new to me and every case calls for elaborate examination but i deserve the addition of this labour and willingly do penance for my past idleness the principal inconvenience from it is that i have no time left for reading and now most because it is i am stung with a restless passion for the of science in this i have no refuge or consolation except in very distant prospect i look on perhaps with fond delusion to the time when i shall be able to retreat from the toil of business when in the bosom of my own family i shall find the joys of ease independence and domestic bliss become a very in literary luxuries and perhaps raise some monument to my name to which my posterity at least may look with pleasure i grant it sir it is extremely visionary it most probably never will come to pass but possibly it may and the possibility remote as it is a cheering ray to the darkness of the present moment not indeed that the present moment is as dark as egypt once was it is true that i have yet to struggle into notice i have yet a fortune to make a family to provide for a family who if my life were terminated in any short time would be thrown on the charity of the world it is this reflection that my soul in gloom and the horror is deepened when i consider the of and remember that i am yet a stranger to it to think of this	29
and then h religious reflections to look upon my wife and child but away with melancholy for there s a sweet little sits smiling to keep watch for the life of poor me you have made sir in your letter of the th of february a on life and love and friendship which is exquisitely beautiful and just how grateful are such how grateful to my mind and to my heart they make me proud of your friendship my dear c it is at such moments that my soul flies out to meet and as they i feel myself exalted and refined can mere matter be excited to so pure and celestial as these or is there not indeed a divinity that within us i hope i wish i cheerfully believe that i have a soul for then i think myself more worthy of your friendship i should feel and if i could imagine the friendship the warm the generous emotions of heart and mind like yours on a mass of matter and i would not if i could help it be in any thing unworthy of your friendship now do not puzzle yourself and me too on this subject of the soul by a subtle concerning the highest point of to which matter may be organized by weighing and the of different opinions as we were wont to do in the scales of human reason i am persuaded that there is a range of subjects above the reach of human reason subjects on which reason cannot decide because it cannot command a view of the whole ground could the which and itself in my foot conceive or describe the of my frame could the man who has passed every moment of his life at the foot of the paint the prospect which is to be seen from the summit no more in my opinion can reason discuss the being of a god or the reality of that miracle the christian faith if you ask me why i believe in the one or the other i can refer you to no evidence which you can examine because i must refer you to my mon feelings i cannot for instance look abroad on the landscape of spring wander among blooming and gardens and the fragrance which they without feeling the existence of a god my heart involuntarily itself and before i am aware of it gratitude and adoration burst from my lips if you ask me why these objects have never produced this before i answer that i cannot tell you perhaps my nature has grown more perhaps i have learned to rely less on the of human reason perhaps i have gotten over the vanity of displaying the and of intellect on which the youthful is apt to himself whatever may be the cause i thank it for leading me from the dreary and waste of i am happy in my present impressions and had rather sit alone in chap ix the british spy wander over the barren sands of the desert in company with and reason my dear friend in its proper sphere is the best and ought to be the only of our actions but let it keep within its proper sphere and confine its operations to its proper subjects i admire its powers i admire its beauties i also admire the powers of the and the beauty of his science yet notwithstanding the astonishing which the makes of the secrets of nature his experiments may break up long established principles bodies which for centuries have been deemed simple elements and prove them to be re the of that combination and detect them in their turn to be in short however far the may push his his labours must still be confined to matter he cannot thought but thought is not more different from or more superior to matter than god is to that class of subjects which constitute the theatre of reason reason is not therefore the proper channel of in matters so far above its reach that conviction can be given in my opinion only through the channel of sensibility this is another name for what calls the internal evidence of the christian faith and what is generally well understood by the evidence of revealed religion but enough of a subject on which i should not be at all astonished if already you think and pronounce me mad you are as old as i am you may thus grow mad in your turn for be it remembered that when i was as young as you are i was as wise as you are on this do not suspect however that i am a downright nor even an my sentiments on this subject are calm and temperate they fill me with no horrors for the past nor terrors for the future i cherish them because they are a source of pure enjoyment to me because they render me more happy in every relation of life and more respectable in my own eyes nor would they even have led me to annoy you with this declaration of them if you had not demanded an explanation of some passages in the spy as to the spy let me tell you that your favourable opinion of it me very highly for i know your judgment and your but let me also tell you that after you had listened to the voice of your friendship and gratified me too with the sound of it i looked that you should have put off everything like partiality assumed the rigid critic and of the and have told me the faults of those i know that some have said and written that a man cannot bear to hear his faults told even by his friend it is said too that authors are particularly about the offspring of their brain this may be true but i am sure that i could hear	29
my from you and mend upon it some of the british spy the faults of the spy i know and was conscious of when they sent to the press such as the of words and the comparatively small bulk of the matter next to the of and the want of matter is the levity and sometimes of the thoughts which are expressed upon the whole the work is too and too light yet these perhaps are the very properties which gave it the degree of admiration which it excited for the essay on the liberty of the press the work of which came out at the same time in the same paper had not as far as i have learned one half of its popularity i have a notion of making another experiment of the public taste this summer for i shall be driven from this place for a summer or two by the yellow fever and i had better be doing anything than to be idle i shall sometimes get tired of reading and composition will then my very agreeably what say you my friend here does not approve of such engagements he says that it gives a man a light and idle appearance in the eye of the world and might therefore injure me in my profession if you in this opinion i shall the project otherwise i shall incline to make another exhibition but of what nature i have not yet determined certainly i shall write no more too much c i have been reading johnson s lives of poets and famous men till i have contracted an for biography do not be astonished therefore if you see me come out with a very material and splendid hfe of some departed worthy for i no more with the living virginia has lost some great men whose names ought not to perish if i were a i would collect their lives for the honour of the state and the advantage of posterity g of wrote the i with you in the opinion that he has the advantage of the spy he had a more intimate acquaintance with the subject his is more and equal and his have much more of the philosopher and author let me tell you that the spy never read a page in in his life nor knew any more of his theory than what he one day heard charles mention in a very short conversation of the s west indies he once read a few pages as he rode from to orange court this was all the acquired information that he had on the subject so that the match was very unequal the speculation in the second letter was a mere crude adventure leading to some singular and consequences and it was some articles under this signature were published in the papers at during the publication of the spy they were designed to some of the arguments presented in that work x success at therefore to please by its novelty but the calculation was a one for as it was it was too philosophical for it was therefore no favourite and rather sunk the character of the spy than raised it the spy did write as you were informed the pieces signed they were partly in imitation of pope and co s to their hero of the same name the of which you say you would demand the sight were sent to the press nor is there any of them either printed or written in possession of the spy tis no matter they answered their purpose of amusing for the moment and now let them rest in peace i hear very often that you are growing fast in your profession how would it glad my heart to live till you touch the of glory to touch it you too and as would add hang with you like two thieves under a gallows how is that vagabond p coming forward does he erect his chest in the front bar does he and like the of or does he roar them an it were any dove k he does not do all these things by turns i and him from the crown of his head to the sole of his foot i owe the rascal a letter or two and i will pay him shortly making up in quantity what i want in number and quality in the mean time ve my love to him heaven bless and preserve you tour friend wm chapter x success at project of a work henry st george letter to this gen the rainbow letter to from the date of his establishment in in the winter of we may s rapid advance to eminence in his profession he was here brought into a new sphere of legal study the commercial and law to which he was in a great degree a stranger now became the familiar subjects of his iv practice at the bar have seen in the letters written at this period he was totally unused to the topics manners wants and concerns which in the society and especially in the business circles of an active trading to master the first difficulties of such a position and to win the reputation which his ambition from him great labour and study he lad friends around him to cheer his hopes and his efforts to the task but these friends were also the of his struggles men of established renown and justly for brilliant talents as well as professional accomplishment and it may be regarded as no doubtful praise of the new associate in this to say that he speedily earned and sustained in the public estimation a fair and acknowledged title to a place on the same platform which they occupied whatever may be said to the disadvantage of the law as a profession notwithstanding all	29
essay would be to show the importance and utility of and to point out the duties of the it would be so far from hostile that it would be to my scheme as it would give the public a preparatory relish for that kind of writing and instruct me how to serve up tiie feast to the best advantage if instead of being the essay was intended to be itself a sketch yet the limits prescribed for an essay would merely enable you to excite without the public curiosity and would therefore be a good preparation for a more expanded narrative if again you proposed to pursue this subject through a series of essays so as to constitute in the whole the expanded narrative of which i speak then the great objects at which i aimed those of preserving the memory of our illustrious men and of to virginia the honour of having given them birth would be completely gained by those essays i wish indeed that you would take this task off of my hands i fear much that it will be out of my power to perform it i find so much writing to do in my so much interruption from who ask counsel that sometimes forces me on a close and investigation for several days so much preparation for argument c c that i have scarcely time to exchange a word with my family day or night it must at all events be a considerable time before i could accomplish the work as i would whereas you have all the long intervals between the at your command could do the business at your ease could make an amusement of it to yourself and from your personal acquaintance with the heroes of the work as well as from other causes which are too obvious to could render it infinitely more valuable and interesting to the public than all the leisure in the world would enable me to do i wish you would think seriously of this proposal i am trying to collect materials for this work which i will most gladly communicate when i receive them nay more if you think proper your name shall be kept out of the public view and they may name me without contradiction as the author for there are too many persons who have by some means or other got wind of my project to suppose that it a proposal may not at first be to me and when their become loud general and confirmed i will make a public if by any they should not i promise yon that i never will there is not much heroism in the offer for i know with almost absolute certainty that the result would be if it should or should not you will at least have an of seeing and hearing a fair estimate of your pen the weight which it would derive from the name of the st george one of the judges of the supreme court of appeals of virginia i hope there is nothing improper in the proposal of this experiment on my part it is in a very great measure the creature of you say your works have been still bom no solution of this can be found in the works themselves and i wish much to see if there be any attached to names if the proposal be in any point of view improper i you to excuse it and to be assured that there is nothing in the motives of the proposal which should excite your displeasure yours most wm the next is to then a resident of we have already seen the kindly interest which this excellent gentleman manifested in the early fortunes of the subject of this in taking him to his own house in and in the parental solicitude with which he protected and guided the youthful student at a period when such friendly offices were above all price seventeen years had elapsed since that day but it will be seen from this letter that the time gone by had not the edge of the student s gratitude nor his ardent affection towards his worthy patron mr had during the interval between the date of this correspondence and the departure of his firom beneath his roof removed with his family to and was now a prosperous in that state surrounded by a and happy in the contemplation of the present and good fortune which the evening of his life the interest which mr took in the career of his friend and the affection with which it was were shown in a frequent correspondence between them ever since the period of their separation the following letter was called forth by the disappoint chap x letter to ment which mr had recently expressed upon the change of purpose in regard to s scheme of to it has reference to some matters of personal history which may be acceptable to the reader and it dwells with an honest warmth of grateful recollection upon the topics of family the household associations the incidents and characteristics which made mount pleasant a precious picture on the memory of the writer we shall not to remark in the perusal of this letter how agreeably it us with the of the good man to whom it is addressed the simplicity of his life and the character of his relation to around him and how much there is in the writer of filial duty and reverence to march i cannot describe to you my dear mr the sensations with which i have just read your most welcome and obliging letter of the th from i need not be ashamed to tell you that my tears bore witness to the sincerity and force of my feelings you have taught me to love you like a parent well indeed may i do so to you to the influence of your conversation your and your	29
example in the most critical and decisive period of my life i owe whatever of useful or good there may be in the bias of my mind and character continue then i you to think of me as a son and teach your children to regard me as a brother they shall find me one indeed if the wonder working of providence should ever place them in want of a brother s arm or mind or bosom you could not more strongly have expected my wife and me to partake of your christmas turkey in than we ourselves expected it when i wrote you last i was sensible that i owed you and friend an apology or rather an explanation of the abrupt change of my plan in relation to and this explanation would have been certainly made at the proper time but for a point of delicacy arising from the nature of the explanation itself but now that the project is over and with you i fear forever i may explain to you without reserve the first obstacle which i had to encounter arose from the difficulty of so much cash as would enable me to make my sufficiently respectable to have disclosed this obstacle either to you or after tlie strong desire which i had manifested to professional hopes to your state might have been liable to an interpretation either from true or false pride i chose to avoid as i could not slate to you this obstacle i thought it would be to amuse you with an account of merely subordinate ones but now you shall know the whole truth my wife who was thoroughly convinced of the propriety of our removal to had consented to from the of reason and judgment whilst her heart and secretly against the measure most delicately however she concealed her from me and i should never have known it but for an accident waking one night at midnight while this journey was contemplated i found her in tears and much drew from her an acknowledgment that her distress proceeded from the idea of such a distant and most probably final separation from her parents and family i will not to deny that i believe this discovery and the manner of it would have been decisive with me against the removal even if the first objection had not existed fortune and fame are indeed considerations of great weight with me but they are light compared with the happiness of the best of wives about the time of this discovery and while the current of my own inclinations had been thus checked and brought to an a young gentleman a son of the late judge who was at the head of the practice in this part of the state very generously and waited on me at opposed my removal by every argument that friendship or ingenuity could suggest offered to in my favour from several of his most productive courts painted the prosperity of in colours so strong and and exhibited such irresistible evidence of the present profits of the practice in this and district that my mind was left in between and at this critical juncture came a letter from you in which you very me against the indulgence of a too sanguine imagination in regard to you stated that the had almost disappeared from the state owing to the of by the spanish against your an inconvenience whose duration it was impossible to calculate and represented that the gentlemen of my profession like the other inhabitants of the state carried on their business by receiving their in horses c under the joint action of all these obstacles difficulties considerations and motives of policy and i was led to the of the resolution which brought me here and so here i am abreast with the van of the profession in this quarter with the brightest hopes and prospects the people by a most exterior using words of learned length and thundering sound puffed by the newspapers as an orator to which i have no pretensions and honoured and applauded far beyond my deserts it is only for the x l future prospects humiliation with which i see and hear what is written and said in my praise that i give myself any credit i have formed in my own imagination a model of professional greatness which i am far very r hut to which i will never cease to it is to this model that i compare myself the world and the comparison me to the dost if ever i should rise to this imaginary i shall rest in peace enterprise i but i must not despair since it is only by at perfection that a man can attain his highest practicable point if a fortune is to be made by the profession in this country i believe i shall do it it must require however fifteen or twenty to effect this as you guess is very expensive i keep for instance a pair of horses here which cost me eight pounds per month wood is from four to eight dollars per cord indian meal through the winter nine shillings per this summer it is supposed it will be fifteen flour eleven and twelve dollars per barrel a leg of mutton three dollars butter three shillings per pound eggs two shillings and three pence per dozen and so on having set out however with the view of making a provision for my family in the event of my being called away from them i live as as i can so as to avoid giving my wife any reason for regret at the recollection of her father s house and table after this year i hope it will be in my power to two thousand dollars by the practice but i do not expect ever to do more than this i shall be content to leave the bar	29
whenever my capital will me an annual of four thousand dollars and not till then i am indeed sometimes very apprehensive that the yellow fever which you mention may cut this operation short by removing me from this scene of things or it by driving me from my business into annual exile as was the case last summer and ml if i find this latter event likely to take place i shall certainly use all my influence with my wife to reconcile her to for even now i will not conceal it from you as is the of my your letter makes me sigh at the thought of your state it is not however the idea of being a in a naked horizon which i long to realize i have seen too many infinitely my in magnitude and splendour to believe myself a nor can i believe thai horizon naked which is adorned and lighted up with a a brown a and n besides if i were and it were true that this part of the were l with the brightest stars i should for that reason choose this part a glow worm would be distinguished amid total darkness but it requires a sun indeed to the no sir it is the green river land which makes me sigh the idea of l released from the toils of my profession l independence in six or eight years and of pursuing it afterwards at my and q s family affairs occasions and for great of having it in my power to indulge myself in the cultivation of general science of in amusements and seeking literary eminence those are the objects which i have been accustomed to look to as the most desirable companions in the of life and six or eight years more would just bring me to that age at which parson hunt and his son william used to in moments of displeasure and reproof that i should begin to be a man at forty it is because your letter holds out like these that i sigh for i know that by the practice of this country independence by my profession is a great way off how much it would delight me to live once more within eye and of you to be able to talk over with you the affairs of mount pleasant and of my youth to hear your and your laugh these are things that i could think of until i should be quite but enough my wife has given me two children in little more than two years we were married on the th september and on the d september she gave me a daughter now a lovely child going on nineteen months old and with the romantic name of the first the favourite of the last the christian name of my mother on the st day of last january she gave me a son who is certainly a very handsome child and if there be truth in a fellow whose native sheet of intellectual paper is of as fine a texture and as a white as the fond heart even of a parent can desire my fancy is already beginning to build for him some of those airy in the of which my youth has been wasted my wife wants to call this boy robert and as this is a matter altogether within the lady s department i shall f ve way she was just twenty one the th day of last january and was thirty two the th day of last november so i hope we may reach my wished for number of twelve and be almost as by and by as yourself how much you gratify me by the description of your children their prosperity now and their hopeful prospects i may all your wishes in regard to them be fulfilled i hope and pray so from my inmost soul i have a kind of dim that i shall yet be in time enough for your if not for heaven send i may ever have it in my power to be of any use to either of your children i pray remember me to them all with regard of a brother and present me to mrs with the respect and dutiful affection of a son shall i ever see you again in the midst of them on your farm disengaged from all care and happy as you deserve to be you cannot think with what tenderness my memory dwells on mount pleasant and the neighbourhood i remember indeed very many follies to blush at and be ashamed of yet still it is of those sunny spots in the course of my life in which chap x old acquaintances dearly to i et me be free with you for yoa used to make me so so this day the image of b s is as in my mind as if she had just left mount pleasant on sunday evening on the bay mare and my eyes had followed her through the gate and as far around as she was visible on her way home and the investigation which you once made of the difference between k s passion for her and mine is just as vivid as if it had passed on yesterday by the bye you have not said a word of my friend k and as i take a very strong interest in his re let me hear of him when you write next i thank you very much for your mention of several of my old acquaintances among them all jack if he is the son of james is my favourite nature indeed had not taken much pains in the cast of his genius but she gave him one of the sweetest and one of the finest and noblest hearts that ever warmed a human breast major w i presume is my william who used to live	29
at court house when we were at school together about the year he was thought one of the world s wonders or rather a new wonder in point of genius where is the hopeful promise of his youth smothered under the leaden atmosphere of or has it faded like the first flower of the spring to bud and bloom no more of q m only remember that he was a large faced well grown boy who the latin grammar he came to a pen where he stuck fast and his father took him away in despair but it is possible that i may be mistaken and am him with some other boy one other thing i am sure of that he had a very pretty sister whose name was l with whom i was very much in love one whole night at an exhibition ball in the neighbourhood of parson hunt s e m i do not remember at all i could not have been acquainted with him nor i think with m l i well remember the family of the latter who lived on a hill near a mill pond of samuel w s there were five or six of us of the family of who after bathing of a sunday in the pond used to go up and see a sister of s whose name was a name always fatal to me i was then about twelve years old and i remember that for one whole summer that girl disturbed my peace considerably the sex i believe never had an earlier or more fervent but it was all light work till i came to b s to this moment i think kindly of her even in the grave f f i have used already a good deal of in this letter but it is in letters between friends and it certainly is not desirable to avoid it between friends so far as we are v ho s i the british spy to resort to letters as a substitute for conversation for my own part i sat down with a determination to write just as i would talk with you in order that i might approach as near as possible to the enjoyment of your company and as i should certainly have talked a r deal of levity and nonsense so have i written and so i shall still write although i know that i am you with a heavy but to myself again i find you have read the british spy and from your allusion to it i presume you have understood me to be the author it is true i wrote those letters to while away six anxious weeks which preceded the birth of my daughter in one respect they were they inflicted wounds which i did not intend in the esteem of a penetrating and learned man the british spy would injure me because it would lead him to believe my mind light and superficial but its effect on the body of the people here on whom i depend for my fortune has i believe been very advantageous it was bought up with great a second edition for and bought up and the editor when i saw him last talked of striking a third edition it has been the means of making me known and known to my advantage except perhaps with such men as and whose just minds readily ascertain the difference between and the title of this fiction was adopted for concealment that thereby i might have an opportunity of hearing myself without restraint but i was surprised to find myself known after the third letter appeared having once adopted the character of an englishman it waa necessary to support that character throughout by expressing only british sentiments yet there were some men weak enough in this state to suspect from this single cause that i had from the republican faith the suspicion however is now pretty well over i am your friend and your son by election wm chapter xi increasing reputation dislike op criminal trials a return to an old fashioned wedding at letters a for political life mb to reside in until july his life here was one of close application to business and his professional career was by its rapid and steady progress upward towards the of reputation influence and independence he practised largely through the district extending his attendance upon the courts as far as and into the adjacent to he was already accounted one of the most eloquent in the state and was growing fast to be considered one of the of her lawyers his renown as an advocate brought him into almost every criminal trial of note within the circuit of his practice and him a species of business sufficiently disgusting in its best phase but which in its varied demands upon a man in whom the mere pride of eloquent speech has not the sensibility of his heart to what is good and bad cannot but grow to be irksome and offensive i am becoming ill at ease he writes to mrs from during this period at this long absence from you and my children i look to you as a refuge from care and toil it is this anticipation only which me to sustain the pressure of so with my spirit this defence of right and wrong this zealous of causes at which my soul this playing of the nurse to and occupying myself continually in them it is sickening even to death but the time will come when i hope it wiu be unnecessary a return to he began to long for the privilege of an exclusive devotion of his time to that higher range of practice which dealing with the more complicated affairs of society gives occasion for the employment of the powers of intellect in the study and development of	29
the great principles of right in this sphere of life as distinguished from that which is properly assigned to the advocate is only to be achieved that best renown which has followed the names of the greatest lawyers it not only the cultivation of the highest order of eloquence but the study also of the noblest topics of human in the nice questions of and and finds its most powerful in the learning that belongs to the history and philosophy of man popular on the other hand whilst it its into a path made with the applause of the multitude his mind from its love of truth teaches him to the wealth of the best learning and to account the triumph won in the open in the presence of the crowd as more precious than all the gems which are turned up in the silent of the student patiently toiling with no companion but his lamp in the hope of soon obtaining that position at the bar which should enable him to realize these of his heart with cheerful submission to the present necessity which compelled him to obey whatever call his profession made upon him he looked anxiously for the day of his return to resolved that that period should not be long postponed the usual of during the autumn which was occasionally by the appearance of the yellow fever forced him to remove his family during the warm season to or still further towards the mountains whilst he himself was obliged to remain in the or make his into the neighbouring these tions from his household him passionately attached to his wife and children it was ever the subject of his thoughts to push his professional success to the point which would allow him to remain at home and that home as he hoped in i amuse myself he says in the same letter i have last quoted in planning fairy visions of i imagine that we have laid chap xl aspirations by money enough to build a house in that we are living there and i in the superior courts in the van of the profession my a year without once leaving the town may th he writes to mrs w we will go to to live as soon as prudence will permit but is the ladder by which we are to climb the hills of is the cradle of our fortune whilst turning over many letters written during this year to mrs from which i make but meagre the following passage occurs which speaks an earnest and most characteristic of the writer i have been interrupted by judge who came into my room to look at the miniature of henry which has been sent to me by judge and to read a very interesting narrative of p h by the same gentleman mr s is a times better told than either or s the project pleases me more and more and i hope to be enabled to the memory of henry and to do no to my own fame the idea has been always very dismal to me of dropping into the grave like a stone into the water and letting the waves of time close over me so as to leave no trace of the spot on which i fell for this reason at a very early period of my youth i resolved to profit by the words of who that if a man wishes his memory to live forever on the earth he must either something worthy of being always read or do something worthy of being written and by history perhaps it is no small degree of vanity to think myself capable of either but i have been always taught to consider the passion for as not only innocent but and even noble i mean that kind of fame which follows virtuous and useful actions in the same correspondence i find a letter from which i take a description of a wedding at in april it is worth preserving as a sketch of manners and customs in the old dominion at date i went last night to miss p s wedding the crowd was great the room warm the spirit of dancing was upon them and the area so small that a man io i v l an old fashioned wedding a foot without the hazard of setting it down upon a neighbour s but then by way of the account there was a group of very gay and pretty girls miss p herself never looked so lovely before she was dressed perfectly plain wore her own hair without wreath laurel or other ornament she had not a flower nor an of gold or silver about her there was a neat pair of pearl in her ears but without any stone or setting her dress a pure white but she danced at least a hundred and the roses in her cheeks were blown to their fullest bloom you know she is a very pretty girl but sally c who was also there seemed to bear off the but to the wedding i went with the intention of seeing my friends merely peeping into the supper room and coming home in an hour or two at farthest but i got there about eight o clock and the dancing room was so thronged as to be impenetrable without an exertion of strength which would have been very inconvenient to me in so warm a room and much more inconvenient to those whom i might in my career so i watched the accidental opening of avenues and it was an hour and a half at least before i had kissed the bride which by the bye i did under the pretence of delivering a message from you and made the bows which were from me the after you and your children were many and apparently affectionate	29
it was past eleven when the of tlie was thrown open although i don t know but that the of the would be better applied to another apartment in the house and it was near twelve when it came to my turn to see the show and a very superb one it was i assure you the tree in the centre cake was more simply elegant than any thing of the kind i remember to have seen it was near four feet high the cake itself the had a rich very rich fringe of white paper surrounding it the leaves baskets c c were all very naturally done in white paper not touched with the pencil and the baskets were rarely ornamented with silver at the ends of the tables were two lofty of ice c the which were connected with the tree in the centre chap xi l letter to mr cake by white paper chains very prettily cut hanging in light and delicate and ornamented with paper bow knots between the centre cake and each was another large cake made for use then there was a profusion of cheese cakes fruits etc etc but there were two unnatural things at table a small silver globe on each of the tree which might have passed if to their value had not told us that they were a whose name i don t recollect between the size of a and an covered with silver leaf which was rather too for my all the of the place were there f f f n f i the and of this description of a wedding supper of more than forty years ago in low virginia has a in it which may remind one of or some of a banquet scene of those days when and state were held in more reverence than the present the great centre cake and its white paper tree four feet high and the paper chains hanging in delicate from the boughs all the way over the table to the of the of and the two large cakes below for use and the silver a pleasant picture this of home grandeur of the old time when a blooming bride danced a hundred on the wedding night giving fresh brilliancy to the roses of her cheek old times are changed old gone and doubtless has dismissed the great paper tree and the sweet mould in which it grew for modem we may thank the young lawyer who has so happily preserved these images we come now to another letter to the good friend of his youth to may mt dear sir fc you see i have not gotten rid of my and most certainly i never shall while i live they make an essential part of my constitution i catch myself sometimes singing and dancing about the house like a madman to the very great amusement of my wife and children and probably of the passengers who are accidentally going along the street this is very little like the wise conduct which makes henry iv recommend to his son but the find some consolation in the figure which henry v made in spite of his father s of gravity yet i hope you wiu not believe that i either sing or dance in the street or in court house i know the indispensable importance of a little state to draw the magic circle of respect one s self and intrusion and vulgarity to be sure in a letter it is not so material if a man cuts an eccentric here and there but i feel the same when i am arguing a cause before a court and jury although i see the track plainly before me yet like an ill race horse i am or flying the way and this too perhaps in the very crisis of the argument after having laid my premises to advantage often having gone through an elaborate of principles in the very instant when i am about to reap the fruit of my toil by drawing my conclusion and when everybody is on expectation of it some springs up before me and in spite of me i am off like s hunter when the pack of hounds crossed him so just as he was arriving at church to seize the hand of his anxious and expecting bride i was in conversation the other day with a very intimate friend of mine on this subject and was to him this of intellect which i was sure arose from the want of a well directed education he admitted that i had ascribed it to its proper cause but doubted whether it ought to be lamented as a defect suggesting that the man in whose imagination these were always shooting bid much fairer both for fame and fortune than the dry and rigid however close and in reply it was but necessary for me to appeal to examples before our eyes to his suggestion one was alexander whose voice had all the softness and melody of the harp whose mind was at once an orchard and a flower garden loaded with the best fruits and smiling in all the many coloured bloom of spring whose delivery action style and manner were perfectly and who with all these advantages died by his own hand on the other hand here is john whose mind seems to be little else than a mountain of barren and rocks an inexhaustible from which he draws his materials and his rude and but of such strength that neither time nor force can beat them down a fellow who would not turn off a single step from the right line of his argument though a paradise should rise to tempt him who it appears to me if a flower were to spring in his mind would strike it up with	29
his as indignantly as a chap xl study would a plant from his meadow yet who all dry and rigid as he is has acquired all the wealth fame and honour that a man need to desire there is no against facts s certainly is the true road to solid and lasting reputation in courts of law the habits of his mind are directly those which an accurate and acquaintance with the x i feel so sensibly my own in this study if heaven my son and me to him i him to be a professor in it before he shall know what poetry and are if he turns out to have fancy and imagination he will then be in less danger of being run away with and by them if he is for the bar i shall never cease to s method being perfectly persuaded that for courts and especially superior and courts where there are no it is the only true method it is true that if i had my choice i would much rather have my son as to mind a than a if such a as i heard described by mr did ever really exist for he spoke of him as two distinct and perfect characters in himself whenever he pleased the mere with a mind apparently as and desolate as the sands of but reasoning at such times with an force which nothing could resist at other times bursting out with a flood of eloquence more sublime than milton ever to the and and bearing all before him i can easily conceive that a man might have either of these characters in perfection or some portion of each but that the same mind should unite them both and each in perfection appears to me considering the strong contrast in their essence and operation to be indeed a yet i suppose it is true for is an honourable man no a i ro ing a temple or the religion of christ on these subjects in the heat vanity and of youth i once thought and spoke to my shame too loosely a series of from the brink of ruin to which whenever left to myself i madly rushed convinced me that there was an invisible benevolent power who was taking an interest in my preservation i hope that ingratitude is not one of my vices the conviction which i have just mentioned no sooner struck my heart than it was filled with a sentiment which i hope will save me from the fate of a and a the friendly hope which you express that you will live to hear me at every political dinner for superior virtues and wisdom is indeed very but very you know how poor i have always been the rocks and of poverty and lie very near to the of and among these another removal rocks and i have been tossing and beating ever since i entered upon the world the i have escaped and thank heaven feel myself now out of danger but that horrible danger i shall never forget nor shall i cease struggling till i place my children out of its reach this cannot be done if i give myself up to politics this latter might be the road to distinction but not to independence either tor myself or my children when i have placed my wife and children beyond the reach of this world s cold and reluctant charity insolence or more insulting pity then my country shall have all the little service which i am capable of rendering but while i have opportunities of hearing seeing and reading and making between other men and myself i cannot believe that the little all of my services will ever make a political toast nor indeed do i envy that distinction to any man for i remember how and many others were once by their countrymen and i remember the disastrous proof which their examples afforded of the of popular favour and the danger of to political distinctions even by the exercise of virtues yet i not shrink from their fate if my country required the sacrifice at my hands all i mean to say is that i shall never enter on the political highway in quest of happiness thank heaven i have it at home a wife in whose praise if i were to indulge it my pen would grow as wanton as s tongue in praise of his two children a which puts us quite at ease in the article of living and the respect and esteem of my acquaintances and i may say of virginia a man who has blessings like these in possession will not be very wise to them all by on the stormy of politics ever your friend and servant wm had now made up his mind to remove to a scheme which had already taken such hold upon his fancy required no vehement from the advice of friends his distrust upon this question of removal and the suspense it had encountered in his mind seem to have been banished by the accidental counsel of his friend judge from whilst attending court there april he writes thus to his wife i t m j w t is just as hospitable and as beautiful as ever i told the judge privately that my friends were pressing me to myself in he caught at it with his usual enthusiasm insisted i should adopt the plan swore that chap xl doubts in regard to it i could not live another in declared that i had at least forty pounds since he saw me in the winter and that i was so fit a subject for the fever he did n t know the man on whose life he would not sooner buy an than on mine said he wa sure i should do well	29
at the bar there after a year or two and that even for the present i might well support my family in and the neighbourhood i am perfectly confounded by the arguments pro and con i pray heaven to assist me with its counsels think of this subject again deliberately and free from bias my dear b you shall decide it as you please and whatever may be the result i shall always believe you advised for the best do not yield too much to inclination in the and it is a measure which if resolved on will either ruin or make us happy and in the former event it may end in i confess that when i bring the movement close to my mind and imagine myself just about to commence it i am swayed by doubts like those which hamlet when he he was afraid of losing heaven i of an earthly paradise may heaven guide us i this point whether it was better to bear the ills he had or fly to others that he knew not of gave him however pause of no great duration the and better counsels of mrs prevailed in a few months after this letter he took a house in upon a lease of five years and set himself to the business of his removal with all proper despatch chapter xii to a professional case of defence of judge ca bell letter to mrs w on s case for music letter to f w recollections of pen park his dwelling place is now once more in his return to the bar there is by a case of conscience the proposing of which shows that he had now reached that point in his profession in which no longer impelled by hard necessity he might debate with himself a question of upon the merits of taking employment in a criminal cause wherein he had reason to believe the criminal unworthy of defence this is a new era in his life it is an incident which does not always arrive in the career of even lawyers the point has often been a question the better opinion of the bar seems generally to have settled it on the side of their own interest much to the gratification of who however in find no lack of energetic and skilful defence from the brightest if not the best lights of the profession a trial is regarded as a species of in which the are expected to show their to use a phrase of the british spy in as little concerned with the right or wrong of the accusation as the knights of the ancient yard were with the real merits of the beauty of their respective the laws of chivalry placed the true knight in a somewhat resembling that of captain absolute the lady shall be as ugly as i choose she shall have a on each shoulder she shall be as crooked as the her one eye shall roll like the bull s in s museum she shall have a skin like a and the beard of a jew she shall be all this and you shall chap xii f her all day and sit up all night to write on her beauty the question of conscience ordinarily no better in the courts in the customary there in defence of suspected innocence the case which now exercised the of was that of a man by the name of charged with the crime of the venerable who had just died in under circumstances which led to a strong suspicion of the guilt of the accused was one of the best men the country ever produced distinguished for the simplicity of his character his bland and amiable manners his and steadfast devotion to duty he was beloved in the society of i am indebted to almost lady the wife of judge of the president of the court of appeals of virginia to both of whom frequent reference will be found in these for some recollections of the which very agreeably confirm what has been often said of his gentle and temper and which will also afford melancholy testimony as to the foul deed which is supposed to have terminated his life this lady in a letter to her sister mrs says you and i may remember the trouble he gave himself to entertain the of his young niece miss who lived with him a few years she and au of us were almost children and few grown men would have found any interest in staying in the room where we were but the good old gentleman brought forth his philosophical apparatus and amused us by exhibiting experiments which we did not well comprehend it is true but he tried to make us do so and we felt elevated by such attentions from so great a man william h the gentleman here alluded to now at the head of the bench of virginia crowned with the richest honours of a ripe old age and surrounded by an affectionate circle of friends married the eldest daughter of col and sister of mrs he represented county in the of virginia from to except during three years of this interval in he was elected governor of the state and at the of three years was appointed to the bench of the general court he was transferred in to the court of appeals of which he is at this time the president the connection between him and mr laid the foundation of an intimate friendship which was increased with every succeeding year until death dissolved it many proofs of this maybe found in the correspondence to which our narrative hereafter in this intimacy it will be seen also that joseph the brother of judge largely death of the to test the theory that there was no natural inferiority of intellect	29
in the negro compared with the white man he had one of his om servant boys and one of his both educated exactly alike i believe however that neither of them did much credit to r teacher the young men who studied law with him or who were occupied in his service were all devoted to him henry clay was one of them the lived to a very old age in his appearance he waa thin rather tall but stooped from age and as he walked to and from the to his own house he generally lived alone but in his latter years he had a nephew with him to whom he to his estate this was the common belief was that this man being impatient for his uncle s money poisoned him he was tried for his life mr was his lawyer and he was yet there was but little doubt of his guilt in the minds of most persons the cook said that he came into the kitchen and dropped something white into the coffee pot making some excuse to her for doing so she and another servant partook of the coffee i have heard that the latter died in consequence the being thrown out some fowls ate of them and died the unhappy old gentleman lived long enough after taking the coffee to alter his will so that the suspected man got no portion of his estate at last the coffee grounds were examined and was found in abundance mingled with them this little sketch presents the outlines of the case as it was developed at the trial and in the of the day s doubts to which i have alluded upon the propriety of engaging in the defence of are told in the following letter written from after he had engaged his house in and in the moments of his removal thither to mrs july c c e c e e i have had an application made to me yesterday which me not a little and i wish your advice upon it i dare say jou have heard me say that i hoped no one would undertake the de c ab a case of conscience fence of bat tliat lie would be left to the be seemed so justly to merit judge himself has changed a good deal the course of my opinions on this subject by stating that was a difference in the opinion of the faculty in as to the cause of mr s death and that the eminent amongst others had pronounced that his death was caused simply by and not by poison i had concluded that his innocence was and therefore that it would not be so horrible a thing to defend him as at first i had thought it but i had scarcely made up my on this subject little supposing that any application would be made to me yesterday however a major a m a very respectable gentleman and an uncle to on mother s side came down in the stage from and made that application in a manner which affected me very sensibly he stated the distress and distraction of his sister the mother of said it was the wish of the young man to be defended by me and that if i would undertake it it would give peace to his relations what shall i do if there is no moral or professional in it i know that it might be done in a manner which would the displeasure of every one from me and give me a splendid in the metropolis judge says i ought not to hesitate a moment to do it that no one can justly censure me for it and for his own part he thinks it highly proper that the young man should be defended being himself a relation of judge s and having the most delicate sense of propriety i am disposed to confide very much in his opinion but i told major m i would take time to consider of it and give him an answer at the farthest in a month i beg you my dear b to consider this subject and collect if you can conveniently in conversation the opinions of your parents and and let me hear the result my conduct through life is more important to you and your children than even to myself for to my own heart i mean to stand justified by doing nothing that i think wrong but for your i wish to do nothing that the world shall think wrong i would not have you or them subject to one reproach hereafter because of me c on such a question as is here proposed indeed on most questions of conduct or duty the sensibility of an intelligent and virtuous woman is often worth more than all the of the most accomplished to discern what it best becomes us to do in a matter that touches our reputation her feelings are but the quick of a heart that reasons better than the mind guided by the instinctive love characteristic of her sex of what is beautiful not less in moral than in physical life she lights upon her conclusion with a rapidity and a truth which all i u defence of often in equal degree it in wisdom when this judgment is stimulated by the affectionate anxiety of a wife it is even less apt to stray into error the very tenderness of her relation renders it the more impartial how it in regard to s case is told in a passage from a letter written within ten days after the last i shall defend young imder your counsel my conscience is perfectly clear from the accounts i hear of the conflicting evidence judge again on consideration the opinion he before gave me as to the perfect propriety of the step as we have seen was tried and i	29
have no record to me the grounds of this much less to enable me to say any thing of splendid which anticipated it is not unlikely that the trial terminated in favour of the accused from a defect in the evidence by no means unusual in those states whose law a witness from giving testimony upon objections merely in the race or blood of the person acquainted with the facts the cook in this case who seems to have been perhaps the only direct witness we may conjecture was a negro and forbidden to be heard in a court of justice if this be the real cause of the it presents a very striking and example of the of a law so in the united states it may well be questioned whether more inconvenience and mischief do not result from such legal as our familiar servants from to the thousand transactions in which our interest is concerned and imder circumstances that scarcely admit of other testimony than can be by any supposed good which may properly be ascribed to the is there in any just ground of policy in shutting off the only testimony by which innocence may be proved guilt established or common matters of right determined are not courts and sufficiently able to judge of the of a witness in every case we pass from these speculations to the regular course of our narrative was passionately fond and devoted a portion of his time to its cultivation throughout every period of his life the chap music following playful letter was written to commend a teacher of the to a friend of his in who was at the head of an academy there to september g dear sir your two were received together yesterday it is well for me they were so for having no pretensions to poetry or i should have been very much at a loss how to answer your first if it had come alone i was disposed to ask myself how it was possible for you to write so fine a on two such subjects as b and myself until i recollected the answer of the poet to charles ii when asked why he had produced so superior an on the death of to that in which he had celebrated his own restoration because poetry in fiction but your last has let me down to the tone of business and made me myself at home i know he gave several lessons to mrs in and in i have also frequently heard him play alone and can safely pronounce him the finest male on the piano that i have ever heard but like his b he is a son of not that his are either so frequent or so deep as poor b s but the ladies his scholars in sometimes complained of neglect which was attributed to over night in he will have fewer temptations and i dare say will do better there is a little fellow here by the name of y of whose skill in music the ladies and other of speak very highly but he is only about seventeen and they tell me for i have not seen him a perfect i would speak to him in the manner you direct but that i remember a novel called miss which i read when a boy she is represented as the daughter of respectable parents who at the age had a young beau introduced into the house as her music master her fancy was set by him and never rested afterwards this to be sure is fiction but it is in nature and i should apprehend that such a fellow as is said to be might put to flight the and and playful and and smiles of your academy and introduce the sigh and tear of midnight in their place nevertheless if you say so instruct me and i will speak to him vol i k francis w on further recollection there is i think a mrs c who also teaches music i will know with certainty before next week and whether she will be willing to remove to on the terms you propose her answer i will deliver in person and you may choose between her and poor i am really for him for he was a harmless being with as gentle a soul as any man ever had but i dare say death came like a friend to release him from pain in the shades he may and feast on harmony among spirits as gentle as his own by any painful remembrance of home and the shrieks of his suppose you give him an or a i am much obliged to you for the concern which you express for my health it was a slight touch of the and fever a more piece of ceremony by way of on me the freedom of the city it is entirely over with the best wishes for your prosperity and happiness i am dear sir your friend and servant wm francis whom we have heretofore noticed was now approaching to manhood he had resolved to devote his studies to the science of medicine and had partially entered upon that pursuit it will be seen hereafter that he found reason at a later period of his life to change this profession for the law in which be gave the strongest promise of eminent success mr had not so far himself from the memory and of pen park as to lose his interest in the family which yet inhabited there death bad made his usual in the family circle but the heart of him who had been so tenderly under that roof lost nothing of its original reverence for those who were departed nor of its kind solicitude for the welfare of those who survived this interest was cherished on both sides by frequent correspondence but more particularly by that with francis who had	29
of the world these are a few and but a few of the good effects of improving one s talents to the highest point by careful and constant study and to distinction i am very much pleased with your letter you read the with a of and judgment unusual at your years and therefore the more honourable to you i with you in your remarks upon the of as well as the of chap conspiracy i am fond of a vivid picture painted to the fancy such as s storm too is thought a good in his way his way is a very bad one and his can be estimated and enjoyed only by the who has himself rolled in the on which alone the genius of seems to have i hope you will never possess this test for judging his merit you will gratify me by writing to me often and if you will allow me to write to you like an elder brother who would wish you to profit by his own experience and to attain all those honours which he has missed you shall hear from me as often as i can find a leisure hour my love to our brothers and sisters when you see them let me be remembered to mr and mrs and mr r all of whom i very much esteem your friend and brother wm chapter to for treason retained as counsel by the government the trial some op its incidents the of of the argument the year is memorable in the life of as the year of the trial of s conspiracy is one of the most extraordinary incidents connected with the history of this country whether it were the mere dream of a bold ambitious and wicked citizen or his meditated and prepared enterprise enough has been brought to light in the investigation of that incident to excite the amazement of every one that a man so eminent so gifted with splendid talents and so able to appreciate the character and temper of the american people should have permitted himself to fall into the of even an idle speculation upon his power to accomplish what from all the evidence which has been we are hardly at liberty to was his purpose put upon his trial man is really innocent these will put the devil in his head unless he is more than man in the examination of the prisoner was made before justice on the th and st of march this was by caesar a the attorney general of the united states and george hay the attorney for the district of virginia messrs and appearing for the result was a upon the charge of a in setting on foot a military expedition against the of the king ci spain the court refusing to include in the the charge of treason which had been urged by the counsel for the united states colonel was in consequence admitted to upon a to appear in the circuit court at its next term on the d of may the case was again taken up at the appointed day the chief and judge in the court colonel now appeared with two additional counsel messrs and baker on the part of the mr having withdrawn mr hay was assisted by mr and mr a grand jury consisting of some of the most eminent citizens rf virginia with john of as the was sworn on that day after several and many protracted between the counsel upon the nature of the evidence to be submitted to them and on other topics the grand jury finally on the th of june brought in both for treason and against and which were followed in two days by similar against john smith comfort smith and colonel on the same day that these last were presented pleaded not guilty and the trial was postponed until d of august without saying more at present as to the incidents of the trial or making any reference to the facts brought into proof or the of law discussed it will be sufficient to note that a most and profound opinion was delivered by the chief justice which ex chap reflections upon it from the as it was affirmed a large of testimony which might have shown s intentions and thus on the st of september put an end to the trial on the for treason the verdict was we of the jury say that is not proved to be guilty under this by any evidence submitted to us we therefore find him not guilty the for the met the same fate the opinion of the court in that case excluded the testimony relied on and the jury again found a verdict of not guilty upon this the was committed and held to to answer in on the charge of setting on foot and providing the means for a military expedition against the of spain in a letter of colonel s to his daughter dated october we find the following notice of the event after all this is a drawn battle the chief justice gave his opinion on tuesday after declaring that there were no grounds of suspicion as to the treason he directed that and should give in three thousand dollars for further trial in the opinion was a matter of regret and surprise to the friends of the chief justice and of ridicule to his enemies all believing that it was a sacrifice of principle to jack mr hay immediately said that he should advise the government to from further that he has actually so advised there is no doubt the conduct of throughout the trial was in keeping with this against the firmness and integrity of chief justice there is apparent in his during the trial and before it an affectation of innocence which under the circumstances almost of insolent defiance and which very significantly	29
with the bold and confident character of his whole scheme he seems to have regarded his enterprise almost as an act of to the country and the attempt to arrest it as somewhat in the light of insult and persecution you have read to very little purpose he says in a letter to his daughter during the of the trial if you have not remarked that such things happen in all was there in greece or rome a man of virtue and independence and supposed to possess great talents who was not the object of and persecution incidents of the trial and again i want an independent and witness to my conduct and to that of the government the scenes which have passed and about to be will exceed all reasonable and will hereafter be deemed unless by very high authority these are curious revelations of feeling in contrast with the upon the trial judge whose opinions in this case were like all the other of his with the calm and impartial spirit of justice itself and for their legal and depth did not escape some from the side of the government as well as this of tlie prisoner but the country has not failed to render full honour to tlie purity as well as the wisdom of the mind which guided the of this celebrated trial we come now to present some of the leading features of the case far as s in it may be of interest in doing this i shall make a few from his speeches by no means to fatigue the reader with a detail either of the facts or the law of the case which indeed may only be properly understood by a reference to the trial itself but as obtained by his labours in this trial a large increase of popularity both at the bar and with the it will not be considered as to the subject before us to from the report of it such passages or incidents as may be of the counsel whose name has become so connected with it the trial was remarkable for the with which it was on both sides almost in the first stage of its progress the court was obliged to comment upon the temper displayed by an application was made by col for a to the of the united states with a requiring him to a letter which he had received from gen dated october and also to produce copies of certain orders which had been issued by the government relative to the arrest this application was resisted on one ground amongst others that the or of the papers referred to was not shown the in the case being that the said letter may be material to the defence a long debate ensued an argument mb said in the course of this debate we do not deny thai a may bo issued to summon the president and that he if as to that process as any other citizen i shall show that the is not a process of right but that the application is addressed to the of the court mb this is admitted mb i thank you for the admission you have mc from the unnecessary trouble of so much of my argument the question then is by what circumstances should that discretion be controlled should it be by the mere wish of the prisoner if so it in vain that the court possesses any discretion on the subject the prisoner has but to ask and have consider this wide and bold doctrine on the ground of would you summon any private individual from the remotest part of the united states to produce a paper on the mere wish of the prisoner without the paper and showing how it bore on his defence if you would you put the pursuits and the peace of every individual in the united states at the mercy of the prisoner s caprice and this argument from inconvenience an attitude of most awful and alarming importance when you extend it to a case like this before the court a prisoner has seldom any cordial for the government by which he is for a crime the truth is he feels himself in a state of war with that government and the more desperate his case the more ardent will bo his spirit of revenge would you expose the offices of state to be at the mere pleasure of a prisoner who if he feels that he must fall would for nothing more anxiously than to grace his fall and make his ruin glorious by dragging down with him the bright and splendid edifice of the government sir if has the right at his mere wish to call one paper from tiie government he has the same right to call any other and so one after another might every document and secret of state however delicate our foreign relations might be and however the disclosure to the honour and prosperity of the country it is much to be wished that a rule could be devised which while it would protect the rights of the prisoner should also protect the public offices from being and i an argument il w think there is such a rule it is this by requiring that the who calls for a paper should show that the paper applies to his case and is requisite for his defence when he shall have done this i hold that he is entitled to call for any paper it will then rest with the president of the united states the officer appointed by the people to watch over the national safety to say whether that safety will be by the paper c c again sir i have never seen or heard of an instance of this process being required to bring forward any paper but where such a paper was in its	29
the man be innocent in the name of god let him go but while we are on the question of his guilt or innocence let us not suffer our attention and judgment to be diverted and distracted by the introduction of other subjects foreign to the inquiry r i r t r h mr appealed to the court if the counsel for colonel had been the first to begin the attack and wished the gentleman to follow his own wise all that colonel is obliged to show is probable cause to believe that s letter may be material mr has said chap of counsel the of colonel will be a satire on the i am sorry that the gentleman has made this confession that the character of the government depends on the guilt of colonel if i him to be correct i could easily explain from that circumstance the anxiety manifested to him and the prejudices which have been excited against him but i will not believe thai this is the case and will tell the gentleman that we think may be and yet the government have pure intentions the writ of ought to be issued and if there be any state secrets to prevent the production of the letter the president should it in his return for at present we cannot know that any such secrets exist the court when his return is before them can judge of the cause assigned but i have too good an opinion of the president to think he would withhold the letter c c c e we contend that no on the part of colonel is necessary s already published together with the president s communication to prove that the letter in question must be material it may show that the transactions attributed to colonel within the limits of this state never existed for as to s island the gentlemen in the know there was no such thing as a military force on thai island here mr hay interrupted him and said that it was extremely and improper to accuse them of voluntarily supporting a cause which they knew to be unjust he solemnly denied the truth of the charge against him and the gentleman who assisted him and declared that they could prove the actual existence of an armed assemblage of men on s island under the command of mr acknowledged that he had gone too far in the expression he had used and ought not to have uttered what he had said concerning the counsel for the united states and declared that he meant nothing personal against them upon the conclusion of mr s speech the chief justice remarked that although many observations in the course of the which had taken place had been made by the mr hay and mr martin gentlemen of the bar in the heat of debate of which the court did not approve yet the court had hitherto avoided interfering but as a pointed appeal had been made to them on this day alluding to tha speech of mr and they had been called upon to support their own dignity by preventing the government from being abused the court thought it proper to declare that the gentlemen on both sides had acted in the and spirit of their remarks that they had been to blame in endeavouring to excite the prejudices of the people and had repeatedly accused each other of doing what they forget they have done themselves the court therefore expressed a wish that the counsel for the united states and for colonel would confine themselves on every occasion to the point really before the court that their own good sense and regard for their required them to follow such a course and it was hoped that they would not hereafter from it mr hay referring to the orders of the government for the of s expedition which were called for in connection with the letter of general remarked they next contend that the orders are material because they were arbitrary oppressive and unjust that s acts were merely acts of self defence against tyranny and and of course were many strange positions have been laid down but this is monstrous mr martin will excuse me for saying that i expected doctrine from his age and experience these principles were not learnt by him in nor are they the doctrines of this place considering that he has come all the way from to us of the virginia bar by his great talents and i hoped he would not have advanced a doctrine which would have been even in the most turbulent period of the french revolution by the of from martin s argument we extract a portion of his reply to mr hay the gentleman has told us he said that respect ought to bo paid to the officers of government it is granted i thought so once i thought that the officers of government ought to be treated with high respect however much their conduct ought to be the subject of chap xiii mr hay and mr martin criticism and i invariably acted according to that principle if i have changed my opinion i owe it to the gentleman himself and the party he is connected with they thought differently that gentleman and his friends so loudly and incessantly against the officers of government that they contributed to effect a change in the administration and are now in consequence in the sunshine of office and therefore they wish to and receive that respect which they formerly denied to others in the same situation we have a right to inspect the orders issued from the war and navy because if they were we had a right to oppose them if they were and oppressive it was right to resist them but this is denied because we are not trying the president god forbid we should but we are trying if we had a	29
right to resist if every order however arbitrary and is to be obeyed we are slaves as much as the inhabitants of turkey if the are to be the supreme law and the officers of the government have but to register them as formerly in france the country once so by these gentlemen for its progress and advancement towards liberty and if we must submit to them however unjust and we are as subject to as the people of turkey the subjects of the grand of old in france or those of the at this day if this were true where would be our boasted freedom where the superior advantages of our government or the effects of our struggles i will take the liberty of explaining how far resistance is the president has certain known and well defined powers so has a common magistrate and so has a the president may exceed his legal authority as well as a magistrate or a if a magistrate issue a warrant and direct it to a resistance to it is at the peril of the person resisting if the warrant be he is excused but if it be legal he is not on the same principle resistance to the orders of the president is if they be and to an act of oppression by law can never be criminal and this is all we contend for the gentleman expressed his surprise that such doctrines should from me who come from to instruct aad te ol l opinion of the court the virginia bar i come not to instruct and i come to unite my feeble efforts with those of other gentlemen in defence of my friend whom i believe to be perfectly innocent of the heavy charges against him but their conduct that if i were to attempt it my instructions would be in vain if however i did venture to advise him it would be not to accuse us of evil intentions to mix a little of the milk of human nature with his disposition and arguments to make his conduct to his professions and not to be perpetually guilt to us but the gentleman needs no advice the opinion of chief justice upon the questions submitted in this debate thus of the principal point under discussion the second objection is that the letter contains matter which ought not to be disclosed that there may be matter the production of which the court would not require is certain but that in a capital case the accused ought in some form to have the benefit of it if it were really essential to his defence is a position which the court would very reluctantly deny it ought not to be believed that the department which in criminal cases would be inclined to withhold it what ought to be done under such circumstances presents a delicate question the discussion of which it is hoped will never be rendered necessary in this country at present it need only be said that the question does not occur at this time there is certainly nothing before the court which shows that the letter in question contains any matter the disclosure of which would the public safety if it does contain such matter the fact may appear before the disclosure is made if it does contain any matter which it would be to disclose which it is not the wish of the to disclose such matter if it be not immediately and essentially to the point will of course be suppressed it is not easy to conceive that so much of the letter as relates to the conduct of the accused can be a subject of delicacy with the president every thing of this kind however will have its due consideration on the return of the chap opinion of the court much has been said about the to the chief which is implied by this motion and by such a decision of it as the law is believed to require these observations will be very truly answered by the declaration that this court feels many perhaps peculiar motives for as guarded a respect for the chief magistrate of the union as is with its official duties to go beyond these would exhibit a conduct which would deserve some other than the term respect it is not for the court to anticipate the event of the present should it as is expected on the part of the united states all those who are concerned in it should certainly regret that a paper which the accused believed to be essential to his defence which may for aught that now appears be essential had been withheld from him i will not say that this circumstance would in any degree the reputation of the government but i will say that it would justly the reputation of the court which had given its sanction to its being withheld might i be permitted to utter one sentiment with respect to myself it would be to most earnestly the occasion which should compel me to look back on any part of my official conduct with so much self reproach as i should feel could i declare on the information now possessed that the accused is not entitled to the letter in question if it should be really important to him the propriety of requiring the answer to this letter is more it is alleged that it most probably orders showing the situation of this country with spain which will be important on the if it contain matter not essential to the defence and the disclosure be unpleasant to the it certainly ought not to be disclosed this is a point which will appear on the return the demand of the orders which have been issued and which have been as is alleged published in the is by no means unusual such documents have often been produced in the courts of the united states and	29
the courts of england if they contain matter interesting to the nation the concealment of which is required by the public safety that matter will appear upon the return if they do not and are material they may be exhibited right to public papers this decision seems with some to with the views of mr as expressed upon this proceeding in his letter to mr hay in which after his readiness to supply the letter in question and all other matters alleged to be necessary to the defence he remarks with respect to papers there is certainly a public and a private side to our offices to the former belong of land inventions certain and other papers patent in their nature to the other belong mere proceedings all nations have found it necessary that for the advantageous conduct of their affairs some of these proceedings at least should remain known to their only he of course from uie nature of the case must be the sole judge of which of them the interests will permit publication hence under our constitution in of papers from the to the branch an exception is carefully expressed as to those which he may deem the public welfare may require not to be disclosed as you will see in the enclosed resolution of the house of representatives which produced the message of january d respecting this case the respect naturally due between the constituted authorities in their official intercourse as well as sincere dispositions to do for every one what is just will always from the in the duty of confided to him the same and integrity to which the nation has in like manner trusted in the disposal of its authorities this brief summary of a discussion in the year presents a topic upon which much doubt has often been expressed in the of the united states and has sometimes been with no little the extent of the right and the duty of the president to withhold information demanded by either house of the decision of the court of which an extract is given in this notice of the trial and mr s upon the relative duties of the and the seem to present the question in a point of view which should lead to a just and of the boundaries by which each is properly chapter xiv s trial continued the principal argument in the case notices of s share in it mr s his description of s residence other incidents of the trial the trial proceeded through its preliminary stages in which every question capable of being raised was presented and with scrupulous and with abundance of at length the two were found the first for treason the second for the the case of treason was first taken up the plea of not guilty made and after many and of those who had been summoned on the jury a was obtained new points as to the order of examining the witnesses were and argued at every step with the same as before much testimony was delivered on the part of the the charge of treason was supposed by the counsel for the government to be sustained by the evidence this evidence proved that numbers of persons to some thirty or more had assembled in warlike array on s island in the river near in december with a purpose as it was affirmed to proceed down the river and with the assistance of others to seize the city of new under the pretence of the ultimate invasion of it was not proved however that colonel was present with these men on the island upon this testimony the counsel for the prisoner asked the of the court to arrest the further examination of witnesses on the following ground as stated by mr the counsel for the having gone through their evidence relating directly to the act charged in the and being about to introduce testimony of acts done beyond the s trial continued w limits of the of this and it not only appearing from the but being distinctly admitted that the accused at the period when the war was said to have been against the states was hundreds of miles distant from the scene of action it becomes the duty of his counsel to object to the introduction of any such testimony as wholly and upon this motion of the prisoner s counsel arose the great and argument in the case the discussion chiefly turned on the proposition suggested by that no person can be convicted of treason in war who was not personally present at the commission of the act charged in the as the offence there were other questions of less significance in the case whidi were also argued with great and labour whether can be treason in war without the employment of force whether one who would be only an in a is to be considered as a principal in treason by war and if bo whether the real principal ought not first to be convicted points and others were i have already intimated that it is not my design to even an outline of this case that my purpose is to submit only so much of it to the reader as may give him some characteristic indications of mr s efforts towards the performance of the duty it imposed upon him in the pursuit of this purpose i shall continue to make some from his argument upon the points now presented this was conducted with full preparation and study by all the counsel in the case and as it was of a nature to determine the issue of the it attracted a degree of interest from the public the from mr s speech which follow are made and without reference to a continuous or connected view of his topics they are offered as specimens of manner and of modes of thought and with no	29
view to an exhibition of the general force of the argument which indeed could not be without doing injustice to the speaker it is my duty said mr in the commencement of speech to proceed on the part of the united states in xiv j s speech his motion but i should not deem it my duty to oppose it if it were founded on correct principles i stand here with the same independence of action which to attorney of the united states and as he would certainly the the moment he became convinced of its injustice so also most certainly would l the humanity and justice of this nation would revolt at the idea of a pushed on against a life which stood protected by the laws but whether they would or not i would not plant a to for life in my heart by opening my lips in support of a which i felt and believed to be unjust but as i do that this motion is not founded in justice that it is a mere to the inquiry to turn it from the proper course to the trial of the facts from the proper the jury and the court with a responsibility which it ought not to feel i hold it my duty to proceed for the sake of the court for the sake of the trial by jury now sought to be for the sake of full and ample justice in this particular case for the sake of the peace union and independence of these states i feel it my duty to proceed in doing which i beg that the prisoner and his counsel will recollect the extreme difficulty of clothing my argument in terms which may be congenial with their feelings the gentlemen appear to me to feel a very and degree of sensibility on this occasion they seem to forget the nature of the charge and that we are the we do not stand here to pronounce a on the prisoner but to urge on him the crime of treason against his country when we speak of treason we must call it treason when we speak of a traitor we must call him a traitor when we speak of a plot to the union to the liberties of a great portion of the people of this country and subject them to a and a we are obliged to use the terms which convey those ideas why then are so sensitive why on these occasions so necessary so do they shrink back with so much agony of nerve as if instead of a hall of justice we were in a drawing room with colonel and were towards him every principle of decorum and humanity mr has indeed invited us to consider the subject and we have been told that it is expected to be so considered but sir if this were practicable would there be no danger in it would there be no danger while we were points pursuing ingenious principles over the wide extended plains and heights of abstracted law that we should lose sight of the great question before the court this may suit the purposes of the counsel for the prisoner but it does not therefore necessarily suit the purposes of truth and justice it will be proper when we have derived a principle from law or argument that we should s speech it to the case before tbe court in order to test its application and its practical truth in doing which we are driven into the nature of the case and must speak of it as we find it but besides the gentlemen have themselves rendered this totally abstracted argument impossible for one of their positions is that there is no act at all now that an act consists of ct and intention has been so often repeated here that it has a fair title to justice s epithet of a in speaking then of this act we are compelled to inquire not merely into the fact of the assemblage but the intention of it in doing which we must examine and the whole project of the prisoner it is obvious therefore that an abstract examination of this point cannot be made and since the gentlemen drive us into the examination they cannot complain if without any softening of lights or deepening of shades we exhibit the picture in its true and natural state this motion is a bold and original stroke in the noble science of defence it marks the genius and hand of a master for it to the prisoner every possible advantage while it gives him the foil benefit of his legal defence the sole defence which he would be able to make to the jury if the evidence were all introduced before them it cuts off from the all that evidence which goes to the prisoner with the assemblage on the island to explain the destination and objects of the assemblage and to stamp beyond the character of treason upon it connect this motion with that which was made the other day to compel us to begin with the proof of the act in which from their zeal gentlemen were equally sanguine and observe what would have been the of in both motions we should have been reduced to the sin fact the individual fact of the assemblage on the island without of the evidence which explains the intention and object of that assemblage thus gentlemen would have cut off all the evidence which carries up the plot almost to its conception which at all events describes the first motion which quickened it into life and follows its progress until it attained such strength and maturity as to throw the whole western country into consternation thus of the world of evidence which we have we should have been reduced to the the which relates to s island i shall proceed now to examine the merits of	29
the motion itself and to answer the argument of the gentleman who opened it i will treat that gentleman with if i him it will not be i will not follow the example which he has set me on a very recent occasion i will not complain of flowers and graces where none exist i will not like him reply to an argument as naked as a sleeping but certainly not half chap xiv l s speech beautiful complain of the painful necessity i am under in the weakness and of logical vigour of lifting first this and then that before i can reach the wished for point of attack i keep no or ready and up for use in the of my fancy and if i did i think i should not be so impatient to get rid of my wares as to put them off on improper occasions i cannot promise to interest you by any classical and elegant allusions to the pure pages of i cannot give you a or a in every period for my own part i have always thought these flashes of wit if they deserve that name i have always thought these of the brain which spring up with such abundance in the speeches of that gentleman which play on each side of the path of reason or sporting across it with fantastic motion the mind from the true point in debate no better evidence of the of the argument with which they are connected nor give mc leave to add the vigour of the brain from which they spring than those which start from our and blaze with a momentary and which floating on the of the atmosphere the traveller into and are evidences of the firmness and of the earth from which they proceed i will endeavour to meet the gentleman s in their full force and to answer them fairly i will not as i am advancing towards them with my mind s eye measure the height breadth and power of the proposition if i find it beyond my strength it if still beyond my strength quarter it if still necessary it into and when by this process i have reduced it to the proper standard take one of these sections and toss it with an air of strength and superiority if i find myself capable of conducting by a course of reasoning any one of his to an absurd conclusion i will not begin by stating that absurd conclusion as the proposition itself which i am going to encounter i will not in on the gentleman s authorities thank the gentleman with sarcastic politeness for introducing them declare that they conclude directly against him read just so much of the authority as serves the purpose of that declaration that which contains the true point of the case which makes against me nor if forced by a direct call to read that part also will i content myself by running over it as rapidly and as i can throw down the book with a theatrical air and exclaim just as i said when i know it is just as i had not said i know that by these arts i might raise a laugh at the gentleman s expense but i should be very little pleased with myself if i were capable of enjoying a laugh procured by such means i know too that by such arts there will always be those standing around us who have not comprehended the whole merits of the legal discussion with whom i might shake the character vol i s speech of the gentleman s science and judgment as a lawyer i hope i shall never be capable of such a wish and i had hoped that the himself felt so strongly that proud that high and which i had been told conscious talents rarely fail to inspire that he would have a poor and fleeting triumph gained by means like these i proceed now to answer the several points of his argument so far as they could be collected from the general course of his i say so far as they could be collected for the gentleman although requested before he began refused to reduce his motion to writing it suited better his style of warfare to be perfectly at large to change his ground as often as he pleased on the plains of to day at the springs to morrow he will not me therefore if i have not been correct in gathering his points firom a discourse of four or five hours in length as it would not have been wonderful if i had misunderstood him i trust therefore that i have been correct it was my intention to be so for i can neither see pleasure nor interest in any gentleman and i now beg the court and the gentleman if he will if to set me right if i have him i understood him then sir to resist the introduction of evidence under this by making four because not being on the island at the time of the assemblage cannot be a principal in the treason according to the constitutional definition or the laws of england because the must be proved as laid and as the charges the prisoner with war with an assemblage on the island no evidence to charge him with that act by relation is to this because if he be a principal in the treason at all he is a principal in the second degree and his guilt being of that kind which is termed no evidence can be let in to charge him until we shall show a record of the conviction of the in the first degree because no evidence is to connect the prisoner with others and thus to make him a traitor by relation until we shall previously show an act of treason in these and the assemblage on the	29
island was not an act of treason i beg leave to take up these in succession and to give them those answers which to my mind are satisfactory let us examine the first it is because not being present on the island at the time of the assemblage cannot be a principal in the treason within the constitutional definition or the laws of england in many of the gentleman s general i perfectly accord with him as that the constitution was intended to against the to which when he chap xiv s speech of the victims of treason that the constitution intended to guard against arbitrary and that the principles of sound reason and liberty require their and that the constitution is to be interpreted by the rules of reason and moral right i fear however that i shall find it to accommodate both the who have spoken in support of the motion and to reconcile some of the positions of mr to the rules of mr for while the one tells us to interpret the constitution by sound the other save us from the of common sense what rule then shall i adopt a kind of reason which is not common sense might indeed please both the gentlemen but as that is a species of reason of which i have no very distinct conception i hope the gentlemen will excuse me for not it p t p c c the inquiry is whether presence at the act be necessary to make a man a traitor the gentlemen say that it is necessary that he cannot be a principal in the treason without actual presence what says the supreme court in the case of and it is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against his country on the contrary if war be actually that is if a body of men be assembled for the purpose of by force a purpose all those who perform any part however minute or however remote from the scene of action and who are actually in the general conspiracy are to be considered as the counsel knew that their first point was met directly by the counter authority of the supreme court they have if not expressly admitted it hence they have been reduced to the necessity of taking the bold and difficult ground that the passage which i have read is extra a mere they have said this but they have not attempted to show it give me leave to show that they are mistaken that it is not an that it is not extra but that it is a direct of a point immediately before the court s c fc c c c but for a moment let us that decision and putting it aside let us indulge the gentleman with the inquiry whether that decision be in with the constitution of the united states and the laws of england in the constitution let us apply to it the gentleman s own principles t e rules of reason and moral right the question to be thus determined is whether a man who is absent may not be guilty as if he were actually present that a law should be so as to advance the remedy and repress the mischief is not more a rule of common law than a principle of reason it applies to as well as to laws so also s speech the of the common law that a law as well as a be so that its object may rather prevail than perish is one of the of common sense apply these principles to the constitution have said that its object was to prevent the people from being harassed by arbitrary and treason but its object i presume was not to declare that there was no such crime it certainly did not mean to encourage treason it meant to recognise the existence of the crime and provide for its punishment the liberties of the people which required that the offence should be defined and limited required also that it should be certainly and punished the of the informed by the examples of greece and rome and that the liberties of this republic might one day or other be seized by the daring ambition of some domestic have given peculiar importance and solemnity to the crime by it upon the constitution but they have done this in vain if the construction for on the other side is to prevail if it require actual presence at the scene of the assemblage to involve a man in the guilt of treason how easy will it be for the principal traitor to avoid this guilt and escape punishment forever he may go into distant states from one state to another he may secretly wander like a demon of darkness from one end of the continent to the other he may enter into the confidence of the simple and he may pour his poison into the minds of those who were before innocent he may them into a love of his person offer them advantages pretend that his measures are honourable and y connect them in his plot and attach them to his glory he may prepare the whole of the and destructive engine and put it in motion let the rest be done by his agents he may then go a hundred miles from the scene of action let him keep himself only from the scene of the assemblage and the immediate spot of battle and he is innocent in law while those whom he has are to suffer the death of who is the most guilty of this treason the poor weak instruments or the artful and ambitious man who and them there is no comparison between his guilt and theirs and yet you secure to him while they are to suffer death is this according	29
go to show that acts do not make a principal in treason how is this conclusion obtained by any case no by any of a judge no how then does the gentleman support the idea of this change in the english law lie has drawn the reference from the chap xiv s speech of those who aided the who fought his battles or aided him in his flight this is a new way of settling legal principles sir this was mere policy of the house of the pretensions of the had divided the british nation their were many and zealous their pretensions were crushed in battle two courses were open to the monarch either by and forbearance to the of his enemies and brace his throne with the affections of his people or to pursue his enemies with vengeance to drive them to desperation to disgust his friends by needless and wanton cruelty and to and float his throne in the blood of his subjects he chose the course and because either from or policy or both he spared them he that the law of treason was changed and that they could not be punished to prevent this according to the reasoning of the gentleman it was necessary to have or hung up every human being who even aided the unfortunate charles in his fight mr has mentioned miss and he would have the monarch to have the indignation and revolt of a generous people by seizing that beautiful and romantic and dragging her from her native mountains in the isle of sky to a prison and to death the truth is as we are told by doctor johnson in his tour to the that this step as it was nevertheless was though but partially she was carried to london but together with m who had aided in the same flight was dismissed on the pretext of the want of evidence but certainly the forbearance of the house of to punish under an existing law is no argument of the change of that law the argument here runs into a long and minute course of reasoning and examination of authorities upon the law relating to and from which i forbear to make we proceed to other passages of more interest in one of these the reader will recognize a portion of the speech which has been often quoted for the vivid and picture it presents of the principal in the conspiracy and its prominent victim to this poetical tribute of the counsel which the newspaper press of the day made so popular through the country we may in great part that large amount of public sympathy by which s in the scheme was and excused i come now sir to the gentleman s third point in which he says he cannot possibly fail it is this because if the prisoner be a principal in the treason at all he is a principal in the second degree s speech and his guilt being of that kind which is termed no further evidence can be let in to charge him until we show a record of the conviction of the in the first degree by this i understand the gentleman to advance in other terms the common law doctrine that when a man is rendered a principal in treason by acts which would make him an in he cannot be tried before the principal in the first degree i understand this to be the doctrine of the common law as established by all the authorities but when i this point i insist that it can have no in favour of the accused for two reasons st because it is the mere e of the common law because if the common law of england be our law this position what is denied that the conduct of the prisoner in this case is of an nature or such as would make him an in first because this position is the mere creature of the common law if it be so no consequence can be from it it is sufficient on this branch of the subject to take his own declaration that the common law does not exist in this country if wo examine the constitution and the act of we shall find that this idea of a distinction between in the first and second degree depends entirely on the common law neither the constitution nor the act of knows any such distinction all who war against the united states whether present or absent all who are in the conspiracy whether on the spot of the assemblage or performing some minute and part in it a thousand miles from the scene of action equally the sentence of the law they are all equally this scale therefore which the guilt of the and the order of their respective trials if it ever existed here is completely by the highest authorities in this country the which formed the constitution and defined treason which on that subject and the supreme of the country the constitution and the law have united in its but let us for a moment put the ess and the aside and examine how the case will stand still this scale of moral guilt which mr has given us is the creature of the common law which as already observed he himself in another branch of his argument has told us does not exist in this country he has stated that the creature the creator and that where the creator does not exist the creature cannot the common law then being the creator of the rule which mr has given us and that common law not existing in this country neither can the rule which is the mere creature of it exist in this country so that the gentleman has himself furnished the argument which this point of his on which he has so much relied but to try this position to its	29
utmost xiv s speech extent let us not only put aside the constitution and act of and decision of the supreme courts but let us admit that the common law does exist here still before the principle could apply it would remain to be that the conduct of the prisoner in this case has been or in other words that his acts in relation to this treason are of such a nature as would make him an in but is this the case it is a mere it is denied that his acts are such as would make him an in i have already in another branch of this subject endeavoured to show on the grounds of authority and reason that a man might be involved in the guilt of treason as a principal by being though not actually present that treason occupied a much wider space than the scale of between the and the principal must be extended in proportion to the extent of the theatre of the treason and that as the prisoner must be considered as present he could not be an but a principal if i have succeeded in this i have in fact proved that his conduct cannot be deemed but an error has taken place from considering the scene of the act as the theatre of the treason from the act for the treason itself and consequently from referring the conduct of the prisoner to the acts on the island the conduct of has been considered in relation to the act on s island only whereas it ought to be considered in connection with the grand design the deep plot of seizing separating the union and establishing an independent empire in the west of which the prisoner was to be the chief it ought to be recollected that these were his objects and that the whole western country from to was the theatre of his operations it is by this first reasoning that you are to consider whether he be a principal or an and not by your inquiries to the and narrow spot in the island where the acts charged happened to be performed having shown i think on the ground of law that the prisoner cannot be considered as an let me press the inquiry whether on the ground of reason he be a principal or an and remember that his project was to seize new separate the union and erect an independent empire in the west of which he was to be the chief this was the destination of the plot and the conclusion of the drama will any man say that was the principal and but an who will believe that the author and of the plot who raised the forces who the men and who procured the funds for carrying it into execution was made a of will any man believe that who is a soldier bold ardent restless and the great actor whose brain conceived and whose hand brought the plot into operation that he should sink down into an and that should m s speech m be elevated into a principal he would at once at the i the of the whole conspiracy to everybody concerned in it was as the sun to the which surround him did he not bind them in their respective and give them their lights their heat and their motion yet he is to be considered an and is to be the principal let us put the case between and let m compare the two men and settle this question of between them it may save a good deal of troublesome ceremony hereafter who is we have seen in part already i will add that beginning his operations in new york he associates with him men whose wealth is to supply the necessary funds possessed of the his personal labour all the machinery the continent from new york to new he draws into hia plan by every which he can contrive men of all ranks and descriptions to youthful he presents danger and glory to ambition rank and titles and honours to the mines of to each person whom he addresses he presents the object adapted to his taste his of are appointed men are engaged throughout the continent civil life is indeed quiet upon its but in its bosom this man has contrived to deposit the materials with the slightest touch of his match produce an explosion to shake the continent all this his restless ambition has contrived and in the autumn of he goes forth for the last time to apply this match on this occasion he meets with who is a native of a man of letters who fled from the storms of his own country to find quiet in ours his history shows that war is not the natural element of his mind if it had been he never would have exchanged ireland for america so far is an army from furnishing the society natural and proper to mr s character that on his an in america he retired even from the population of the atlantic states and sought quiet and solitude in the bosom of our western forests but he carried with him taste and science and wealth and lo the desert smiled possessing himself of a beautiful island in the he upon it a palace and it with every romantic of fancy a that might have envied around him music that might have charmed and her is his an extensive library its treasures before him a philosophical apparatus offers to him all the secrets and mysteries of nature peace tranquillity and innocence shed their mingled delights around him and to crown the enchantment of the scene a wife who is said to be lovely even beyond her sex and with every accomplishment that can render it irresistible had blessed him with her love and made him the father of several children the evidence would convince you	29
that this is but a picture of xiv s speech tlie real life in the midst of all this peace this innocent simplicity and this tranquillity this feast of the mind this pure banquet of the heart the comes he comes to change this paradise into a hell yet the flowers do not at his approach no shuddering through the bosom of their unfortunate possessor him of the ruin that is coming upon him a stranger presents himself introduced to their by the high rank which he had lately held in his country he soon finds his way to their hearts by the dignity and elegance of his the light and beauty of his conversation and the and power of his address the conquest was not difficult innocence is ever simple and conscious of no design itself it none in others it wears no guard before its breast every door and and avenue of the heart is thrown open and all who choose it enter such was the state of when the serpent entered its the prisoner in a more engaging form winding himself into the open and heart of the unfortunate found but little difficulty in changing the native character of that heart and the objects of its by degrees he into it the poison of his own ambition he breathes into it the fire of his own courage a daring and desperate thirst for glory an panting for great for all the storm and bustle and of life in a short time the whole man is changed and every object of his former delight is no more he the tranquil scene it has become flat and to his taste his books are abandoned his retort and are thrown aside his and breathes its fragrance upon the air in vain he likes it not his ear no longer drinks the rich melody of music it for the trumpet s and the cannon s roar even the of his once so sweet no longer him and the angel smile of his wife which hitherto touched his bosom with ecstasy so unspeakable is now unseen and greater objects have taken possession of his soul his imagination has been dazzled by visions of of stars and and titles of nobility he has been taught to bum with restless at the names of great heroes and his enchanted island is destined soon to into a wilderness and in a few months we find the beautiful and tender partner of his bosom whom he lately permitted not the winds of summer to visit too roughly we find her shivering at midnight on the banks of the and mingling her tears with the torrents that as they fell yet this unfortunate man thus from his interest and his happiness thus from the paths of innocence and peace thus confounded in the toils that were deliberately spread for him and overwhelmed by the spirit and genius of another this man thus ruined and undone and made to play a subordinate part in this grand drama of guilt and treason s speech this man is to be called the principal while he by whom he was thus plunged in misery is comparatively innocent a mere is this reason is it law f is it humanity sir neither the human heart nor the human understanding will bear a so monstrous and absurd so shocking to the soul so to reason let then not shrink from the high i m which he has and having already ruined in fortune character and happiness forever let him not attempt to finish the tragedy by thrusting that ill fated man between himself and punishment upon the whole sir reason declares the principal in this crime and the sentence of the law and the gentleman in saying that his offence is of a and nature the question and draws his conclusions from what instead of being is denied it is clear from what has been said that did not derive his guilt from the men on the island but imparted his own guilt to them that he is not an but a principal and therefore that there is nothing in the objection which demands a record of their conviction before we shall go on with our proof against him f the question then is whether all these things admitted the assemblage on the island were an act of war here sir are we forced most reluctantly to argue to the court on only a part of the evidence in presence of the jury before they have heard the rest of the evidence which might go a great way to explain or alter its effect but unpleasant as the question is in this way we must meet it what is an open act of war to which we are obliged to answer that it must be decided by the constitution and act of gentlemen on the other side speaking on this subject have asked us for battles bloody battles hard the noise of cannon show us your open acts of war they exclaim hard one are things we can all feel and understand where was the open deed of war this bloody battle this bloody war cries another no where gentlemen there was no bloody battle there was no bloody war the energy of a despised and government prevented that consequence in reply to all this and for blood and let me ask calmly and does our constitution and act of require them can treason be by nothing short of actual battle mr shrinking from a position so bold and has said that if there be not actual force there must be at least force such as terror and struck by the assemblage we will examine this idea presently let us at this moment to the chap xiv s speech of treason or to so much thereof as relates to this case treason against the united states shall consist only in war against	29
them not in making war but in it the whole question then turns on the meaning of that word this word however the gentlemen on the other side have dropped as if conscious of its operation against them they have entirely omitted to use it we know that ours is a language and enriched by the plunder of many foreign stores when we derive a word from the greek the latin or any other foreign language living or dead have always thought it most safe and correct to go to the original language for the purpose of the precise meaning of such word we are told by all our is a word of french origin it is proper therefore that we should turn to the dictionary of that language to ascertain its true and real meaning and i believe we shall not find that when applied to war it ever means to fight as the gentlemen on the other side would have us to believe s dictionary is before me sir and i am the more encouraged to appeal to him because in the case of and your honour in the import of this very word thought it not improper to refer to the authority of dr johnson the active according to to lift heave hold or raise up under the he has no phrase to our purpose but under the he has several i will give you them all d un the raising of a siege des fruits gathering of fruits crop harvest du the rising or recess of the british parliament de a raising or gathering de de or raising of soldiers des de to or raise soldiers so that when applied to fruits or taxes it means gathering aa well as raising when applied to soldiers it means raising only not gathering or even bringing them together but merely raising johnson takes both these as you mentioned in the case of and but in the original language we see that when applied to soldiers means simply the raising them without any thing in military matters and raising if may be trusted are but to ascertain still more satisfactorily the meaning of this word j let us look to the source from which we have borrowed the whole definition of treason the of edward iii the is in french and in describing the treason of war uses these words si home de le en won vol i s speech in a subsequent reign i mean the and reign of richard ii when the of edward although was forgotten lost and buried under the of party rage and vengeance it became at length necessary for parliament to interfere and break in pieces the engine of destructive treason and in the l t year of richard ii a was passed which may be considered as a construction of that of edward iii in that the treason of war is thus explained et encounter e a f son here the french is the same as that used in the of edward with an unimportant and here it is clearly from the actual war the is of men and horses j for the purpose of making war and the would have been complete although the purpose had never been executed i consider therefore the of richard as not only adding another authority to to prove that the extent of the french when applied to soldiers goes no farther than the raising them but i consider that also as a or of the phrase de in the of edward mr lee says that hard are things we can all feel yet it is equally true that an assemblage of men is an object we can all see true it is as the gentleman says that and small arms may be heard and so may the disclosure of a plot at last the act which they require is but an appeal to the human senses and the act which we have is equally to them why do they insist on calling in the sense of feeling to the sense of hearing he may say if we were to feel it that we must also taste and smell it mr indeed that if you stop him short of actual force you take away the i say if you do not stop short of it you take away the motive of for you offer the traitor victory and triumph and it is not in their arms that we are to expect from him repentance but was there sir no opportunity for repentance in this case we shall prove tiiat the prisoner was for more than a year brooding over this treason the ruin and desolation that he was about to bring upon this country must have been often before him k all love of his country were so extinguished in his breast that he could not forbear if the of liberty and the horrors of civil war gave no pang of remorse to his bosom why for his own sake did he not repent why did he not remember and the treason and fate of caesar as bold and daring as himself the miserable effects of his the terrors that haunted and him day and night and him even amidst the splendour of a palace and he did not forget but he remembered them as objects of competition and not to and but to chap xiv s speech s envy admire and such was the kind of remorse which he felt at the idea of his country in blood and for liberty such the very promising disposition and temper far repentance which alone he manifested mr wishes to know how the line can be drawn between and striking a blow the answer is obvious t the point of the assemblage where the courts of england and the highest in this country have in drawing it a line strong and plain enough to be seen	29
and known is drawn does reason sir require that you should wait until the blow be struck if so adieu to the law of treason and to the chance of punishment the traitor has only to lay his plans his forces and strike no blow till he be in such power as to defy resistance he understands the law of treason he draws a line of for the purpose of keeping within the boundary of the law he projects an enterprise of treason he men he all the operations essential to its success from one end of the continent to the other but he keeps himself within the pale of the law he goes on continually acquiring of strength like a on the side of a mountain till he becomes too large for resistance and sweeps every thing before him he does every thing short of striking a blow he advances till he gets to new he does not hazard the blow till he is completely ready and when he does strike it will be absolutely irresistible then what becomes of your constitution your law of or your courts he laughs them to scorn is this the way to treason is it not the best way to excite and promote it to it the most complete success i conclude therefore that reason does not require force to constitute treason t this court then having itself decided that the question whether there have been an act or not belongs essentially to the jury it is strange that the prisoner should persist in pressing it on the court what does he mean by calling on the court to decide on the fact of war have you the power sir i should like to know where the authority can be found to prove that you have it and suppose the court thinks it has this power and should exert it what will be the consequences will it not take away from the jury their acknowledged right of deciding on facts but the anxious perseverance of the prisoner in this course certainly a reflection either on the jury or the court it either that the jury will not do him justice or that the court do him more than justice if he believed the jury would do him justice and wished nothing more he would be content to leave his case to them if he believed they would not do him justice and he therefore tries to force his cause before the court whether it will or no i may truly say that he a phenomenon upon this earth a man flying from s speech a jury of bis to take under the wings of the court sir i can never think so ill of my countrymen as to believe that innocence need fly from them nor will my respect for the court permit me for a moment to apprehend that it will the peculiar and acknowledged province of the jury this court well knows that my respect for its members as private gentlemen and is too great to apprehend that remarks of a general nature will be applied to them but if at this period when the bench is so distinguished by intellectual power and superior illumination a precedent be set by which the great fact in trial for life and death shall be from the jury and decided by the bench what use may not be made of it in the of party in the bitterness of and political the judges may lead to one side or the other as they may think proper they may dictate as to the existence of an act and thus decide the fate of a prisoner if a judge sitting on the bench shall decide on facts as well as law in a f treason he may sacrifice or rescue whom he pleases if he be a he may save his friends from punishment or blast his foes if judges in future times not the feelings of humanity and patriotism which they have in these days but animated by the zeal and spirit of party to promote die views of party shall have the power now proposed to be exercised what will be the posture and fate of this country then if you establish this precedent some tyrant or some may mount the bench can the soul look forward without horror to the dark and bloody deeds which he might armed with such a precedent as you are now called on to set r but you will not set it sir you will not bring your country to see an hour so fearful and perilous as that which shall witness the ruin of the trial by jury i shudder to reflect what might be the consequences of such an hour you will cast your eyes into and the that must result from so dangerous an example will avoid it yon will be satisfied that neither reason nor the laws of england or of this country support the doctrine that you have the power to prevent this jury from proceeding in their inquiry merely because your mind is satisfied that the act is not proved all the distinctions which mr and mr have taken have gone on the dangers of treason all their apprehensions on this subject seem to me to be perfectly visionary they appear to result from this mistake they look at dangers of treason under the common law to the of edward they look into the terrors expressed by hale when he the many various kinds of treason before that limited the number the meaning of treason is generally it is well explained in east s law p of war is in truth more directed against the chap xiv s speech government than the person of the king though in legal construction it is a of war against the king himself this is when an is raised to reform some national grievance to	29
alter the established laws or religion to punish to introduce of a public concern to the execution of some general law by an armed force or for any other purpose which the government in matters of a public and general concern it is therefore true as laid down by mr in s trials p that what in england is called of war in this country must be called direct of war although this seems not to be assented to by judge ith s possibly because he did not examine that point as thoroughly as he did the doctrine of treason generally before that passed the dangers from arbitrary of treason were great and grievous and the complaints against them as vehement as they were just war in england against the king or his government the consists of direct and express of war against the king s natural person it against his government or his authority in his political person in america the crime is defined in the constitution it consists in war against the united states in england it consists in an opposition to the king s authority or here it is against the constitution and government in england when it is intended against the life of the prince it may consist in mere imagination in the mere design or intent of the mind but in this country the offence is against the government the political person only and it is actual war as it is against the government not against a natural person it may be said to be but of treason which produced so much terror and alarm formerly in england and against the of which gentlemen have so cannot take place in this country they are expressly excluded by the constitution upon the whole i contend that the meeting on s island the intention of which is to be was an act of treason that the assemblage with such intention was sufficient for that purpose and if it were not sufficient this court cannot stop the the jury must proceed with the inquiry i have finished what i had to say i beg pardon for the time of the court so long i thank it for its patient and polite attention i am too much exhausted to and to ch a court as this is i am sure it is unnecessary this is an exhibition of some of the most prominent passages of a speech which fills seventy pages of an volume and which occupied several hours in the delivery i have excluded the s speech a large portion of the argument which dealing in minute of law and in the analysis of legal could scarcely be expected to interest the general reader and which would be still less satisfactory to members of the legal profession who have familiar access to the full report of the trial it may be remarked of this speech that having been made at a time when the speaker was yet in the vigour of youthful manhood and somewhat noted for the vivacity of his imagination and the warmth of his feelings he may be supposed to have made this effort at disadvantage under the necessarily imposed upon him by the nature of the subject and the to which he spoke it was aa argument upon mere questions of law sufficiently and in their nature to forbid any very free excursion of the and to defy the attractions of the orator himself to the most severe and mind in the of the nation doubtless felt his inclination constantly by the presence in which he stood he could not lose the consciousness of an ever present imposed upon him by the place and the subject both logical precision and compact legal we cannot but remark in the perusal of the speech how apparent is the inclination of the speaker to escape from this and to his mind in the more congenial fields of display and how obviously he has felt the of the argument like a stone tied to the wings of his fancy to bring him quickly back on every flight to the labour of his task at that period in the life of william his fame was much more connected with his efforts before a jury than in addressed to the bench and we cannot help feeling some regret while upon the peculiar power of the advocate and looking alone to our own satisfaction that this celebrated and important trial had not offered him an occasion to argue the questions of fact with which it as well as the points of law to which we have the description of the abode of which furnished a legitimate opportunity to the indulgence of mr s peculiar vein of eloquence in this trial seems to have inspired one of the witnesses with the same of poetical rapture in giving a sketch of this paradise chat xiv testimony of mr a most gentleman who is yet alive to recall to memory the scenes which so attracted his youthful fancy mr charles had visited the island upon the invitation of its proprietor just at the time when the conspiracy was said to be nearest its point of explosion as he had seen nothing on this visit calculated to awaken his alarm for the peace of the country his testimony was introduced into the trial for the which immediately followed the on the charge of treason this testimony was recorded in a written a few from which will gratify the reader by him to compare mr s glowing with the actual impression which the scene made upon mr on saturday evening the sixth day of december this arrived in the course of his journey home at the shore of opposite to the island of mr and having first learned with some surprise that mr was yet on the island crossed over to his house in a violent storm of wind and rain that evening and	29
the following day he spent at the most elegant seat in virginia in the society of mr and his lovely and accomplished lady this having expressed a desire to become the of mr s farm he had the goodness to show him the plan and arrangements of his house every room in it was opened to his inspection as he walked through its different apartments the proprietor frequently for the confusion into which his furniture was thrown by his preparations for leaving it and observed that the greater part of his furniture his musical instruments and his library containing several thousand volumes of books were packed up for his removal mr having intended before reached his house to visit on sunday evening the availed of a double motive to quit this attractive spot he did not leave it however without that the engagement of its proprietor and his own dreary journey but just begun in the commencement of testimony of mr winter forbade him to a visit which so had afforded him so much pleasure all that he had seen heard or felt so little with the criminal designs to mr that if he could have visited him with sentiments they would have vanished before the light of a species of evidence which if not to the strict rules of legal testimony has nevertheless a potent influence over all sensitive hearts and which though it possess not the formal sanction has often more truth than oaths or what i will a man who weary of the of the world of its noise and vanity has retired to a solitary island in the heart of a desert and created there a paradise the very flowers and shrubs and vines of which he has planted and reared with his own hands a man whose soul is accustomed to toil in the depths of science and to repose beneath the of literature whose ear is formed to the harmony of sound and whose touch and breath daily awaken it from a variety of melodious instruments will such a man start up in the decline of life from the pleasing dream of seven years slumber to carry fire and sword to the peaceful of men who have never done him wrong are his musical instruments and his library to be the of a camp will he expose a lovely and accomplished woman and two little children to whom he seems so tenderly attached to the guilt of treason and the horrors of war a treason so desperate a war so unequal were not all his preparations better adapted to the innocent and useful purpose which he rather than to the criminal and enterprise which was to him such were the sentiments with which the left the island of mr the reader will smile at this rapture of enthusiasm in an and weigh with many of allowance the warm hearted friendship of a young fascinated by the attractions of this in the wilderness but no one will smile more good at it than the worthy author of it himself who has lived long enough to repress the of his imagination though not to the generous and benevolent instincts of his heart a few more brief to these trials and we shall dismiss the subject xiv incidents of the trial these relate to minor incidents which in the course of long of testimony and are only noticed to show the temper in which the parties stood to each other and to some of the more prominent witnesses g is under examination mr speaking to the witness when you are about to show a paper you will please submit it to our inspection general i shall be governed by the judge in that respect mr then we shall request the judge to govern you in that respect major was called to the stand mr argued that the testimony of major was to show an in that of general general may i be permitted to make one observation i am not in the smallest degree surprised at the language which has upon this and several other occasions been used by the counsel of col men who are hired to mr i will not submit to such language from any man in court the chief justice declared the style of general to be improper and that he had heard too much of such language in court general is questioned he says general condescended to ask my opinion having previously made a full disclosure of the dangers apprehended and of the measures which he had adopted i did give my advice in favour of seizing every man whom he found opposed to his measures this was after a development of the state of affairs by general mr martin and that not to be depended upon mr that will be a subject of discussion hereafter mr martin i know that mr in a low tone of voice to mr m you know a good deal of these things the following is in a pleasanter key and to those who intimately knew mr and remember that constant tendency to incidents of the trial which seemed to break forth even in his moments and of the bosom of his deepest study it will bring him vividly to his friends will recall the musical voice and the quiet humour like a ray of mellow sunshine lit up his eye when an for a laugh might be found in the course of a trial a by the name of gates was under cross examination some boats had been seized near gates was a on duty against the and saw the of the boats mr as far as i understand jou you were called on to attack the boats answer yes mr and you were called on to carry a answer yes mr and you wore unwilling	29
to do it answer yes mr that is you were willing to whistle and not to fight answer yes chapter xv public agitation the affair of the and expectation op war fourth of july letter to judge projects the raising of a correspondence with in regard to it the pro meets opposition finally abandoned war ar rested the the country was agitated in by other events of higher political import than s conspiracy a sentiment of hostility against england provoked by her of the al rights of american commerce with the continent of europe in the right of search as it was then asserted and by the chap xv the and of american the flag of the united states had been growing for some few years to such a in the breast of the nation as to render war a probable result and a subject of popular comment the failure of messrs and to these questions and the refusal of mr even to submit to the the unsatisfactory treaty they had contributed to increase the probability of a resort to arms the outrage at this juncture upon the national flag in the of the upon the was in itself an insult of such as to rouse the universal indignation of the people to a demand for instant all previous topics of quarrel were in this and nothing but the prompt and vigorous measures taken by mr at the moment restrained the country from an immediate declaration of war it was on the d of june when the standing out to sea from passed a british at anchor in bay the a of fifty guns belonging to the followed her and her within a few miles of cape henry here a boat was sent with an officer and several men to demand of captain the surrender of three men who were said to be aboard the and who were claimed as native british subjects captain s reply was that he knew of no persons of that description amongst his crew upon receiving this answer the british still kept in pursuit of the fired first one gun and then a into her which killed and wounded several men besides doing some damage to the and of the ship the being totally unprepared for an encounter which she had no reason to expect was obliged to strike her flag and to submit to the and of four of her crew the consequences which followed this event gave a stirring interest to the time this unfortunate and incident has been the subject of too much comment to render it necessary to say more of it here but in justice to those who were for the event it is proper to add that at the moment of this attack the was in a condition which totally dis her from resistance she had been but a few hours out of port and had sailed with her decks with great quantities of stores which were yet in this condition this disorder and want of organization in her crew placed her entirely at the disposal of her enemy expectation of war the president issued a ordering off the and the waters of the united states to all british armed vessels of were ordered to no folk to protect that point against a threatened attack a vessel was despatched to london bearing instructions to our minister there to demand the satisfaction and security which the recent outrage rendered necessary every thing was done which the crisis required this reference to the history of a grave national event may pe appear too stately an introduction to the comparatively trivial concern which a private citizen of that day had in the general which it produced in the humble sphere of individual however we may often read an of national sentiment and find the temper and spirit of the times illustrated quite forcibly as in a narrative of a higher cast indeed even more forcibly and with more effect became a theatre of great agitation those martial fires which slumber in the breast of every community and which so quickly kindled into flame by the breeze of stirring public events now blazed with especial amongst the youthful and spirits of virginia over the whole state as indeed over the whole country that principle which lies at the heart of all to itself in every form in which national sensibility is generally exhibited the people held meetings passed fiery resolutions ate indignant dinners drank and uttered threatening sentiments old were old weapons of war were anew military companies were formed r were discussed the drum and and martial bands of music woke the morning and evening echoes of town and country and the whole land was filled with the din the the glitter the array of hosts which sprang up like plants of a night out of the bosom of a peaceful nation the hook was all of a converted into a spear patriotism found a vent in eloquence an unwonted in the exciting appeals of the day and the monotony of ordinary life a happy relief in the new duties which sprang out of the combination of citizen and soldier many are now living who remember this twenty ve chap xv fourth of july years had rolled over the revolution the generation which grew to manhood in this interval were educated in all the reminiscences of the war of seventy six which fresh in the of every fire side the imagination of the young with its thousand of soldier like adventure these were told with the and e characteristic of the and were heard by his youthful listener with many a secret sigh that such days of heroic were not to return for him the present generation is but faintly impressed with that worship of the revolution which before the war of gave a poetical character to	29
its memories and made it so joyful a subject for the imagination of those who lived to hear these fresh echoes of its glory now in whilst these emotions still swayed the breast of the sons of those who had won the independence of the nation the same enemy was about to them the day that many had dreamed of was about to arrive and many a secret was breathed for a field to realize its hopes to this sentiment we may attribute in part that quick rising of the people in which but for the settlement of the difficulty would in a few months have converted the whole country into a camp foremost amongst the of this day was william we shall find him very soon absorbed in a scheme to raise a he was to be at the head of four of state troops with a chosen corps of officers and men whom he did not doubt were destined to become conspicuous in annals to posterity for the present we shall find him his in a song the fourth of july was to be celebrated in the neighbourhood of such an occasion of course no one could expect to pass without a full freight of those sentiments which were peculiarly inspired by the great topic now first in the universal mind judge was a poet as well as a kindred spirit he had witnessed the revolution at an age capable of observation and was deeply with all its passion i find this letter vol i n fourth of july w to judge july mt dear sir how is your muse if in mounting mood how would you gratify me and enable me to gratify others on saturday by a song on the day embracing the late gallant of the come i know you can easily dash off such a piece it would be no more one of the ordinary of your spirit and rhyme says is merely a mechanical business to which when a man has served an there is no more labour of invention about it than mr exercises in making a pair of our excursion to morrow morning to the point of the which the market valley would fill you with the tion all the rest is mere could learn the song on saturday morning if you come into this idea as i suppose the is a mere matter of to you i would propose that in which the death of and the battle of are written lest you should not recollect these i will give you the only verse of the latter that i remember here it is our object was the band that d to fair freedom s land and quarter in that place great washington he led us on with streaming with renown which ne er had known disgrace by the bye it is the of the s daughter which i am sure you know let me hear whether you will do this thing yea or nay will you let me have a copy of your song in honour of washington i heard it but once i think it goes to the tune of the death of it describes liberty as taking her flight from thi shores of and lighting here you will know by this which i mean very sincerely your friend and t servant wm the answer is given by the judge in the following in his own handwriting upon the outer page of this letter july i called on mr this morning and found this letter upon his table he said there is a letter for you i had in my pocket the lines written for the fourth of this month which i intended for him without any previous communication between ob and gave them to him xv preparation for war the lines furnished on this occasion breathe that spirit of bitter r of the war to which i have alluded heightened into still warmer by the audacity of the recent upon the happily these are now forgotten in the tranquillity by that sentiment of mutual respect and appreciation of national and individual worth which we will long distinguish the intercourse between the two countries at the date of the events above referred to the joy of the nation in the triumph of the war of independence had lost nothing of its whilst on the other side the sting of wounded pride had not yet been by time not to open an old wound but to preserve a memorial of the times and of the spirit of defiance which was universally returned from this country to its and most powerful enemy i present my reader a copy of judge s verses which were sung at the alluded to in the text by a voice noted for its melody tyrant again we hear thy hostile voice again upon our thy cannon s roar again for peace thou us no choice again we defiance from our shore hast thou forgot the day when whilst around were sacrificed hast thou forgot thy captive led thy by a foe despised or think st thou forgot our brothers slain our aged fathers in their our mothers on their knees in vain their daughters fate our friends in prison ships and chained to summer s and winter s frost exposed insulted starved amidst disease detained till death the fatal scene of horrors closed our towns in ashes laid our fields on fire our wives and children flying from the foe i ourselves in battle ready to yet struggling still to strike another blow know then this day to us the whole and hear our solemn and determined voice in vain proud tyrant shall thy roll since once more death or victory s our choice preparation for war a short note to the progress of the war fever mr was at this time of the state the note to proceedings in his council july	29
dear we are on for war i write this in the where we are waiting the final resolve of the council on a portion of us to support our brethren at when more composed i will write to you at large the prospect of war had now filled s imagination with dreams of military life his correspondence is with schemes of martial life his views of public affairs as communicated in some of these letters will probably amuse the reader of the present day by their exhibition of the feelings of the time and the extravagant expectations which the of the public mind then suggested from until the event actually occurred in the martial temper of the country was kept in an excitement which was much more likely to in war than had previous to this period held the commission of a major in a re at the last of the he had been put in for the post of a general and had only lost the election by a few the affair of the had led him to expect military service in the field and he now consequently turned his thoughts towards an effective employment in a war which he considered inevitable to this end he set himself about the organization of a plan to raise the to which i have already in the several letters which i have on this subject i find him totally engrossed with the project and pursuing it with an earnestness which shows how much his mind was with the fancy of military glory i select a few of these letters with a view to a rapid sketch of this passage in his personal history they contain details of the plan of the and an announcement of what was expected to be achieved which now after the experience of the country towards the of these fancies of will be read with curious interest and perhaps be valued for the comment they suggest for our instruction when we find occasion to contrast the promises of the day with the performances of the future c af xv letter to to july mt friend i promised that you should hear from me again and more at length than when i wrote by i sit down now to with that engagement r r on receiving the president s the british ships in roads weighed anchor the saying that he had previously determined to change his and that he was the master of his own movements they sailed out of the richard h lee was sent by to carry to firom and from the british at when he approached them he was hailed and asked if he did not know that all intercourse between the main and the was he said he did but that he bore important communications which rendered it proper that he should come on board he was then admitted on deck delivered his and the asked him into the cabin where the other british officers were immediately assembled after they had read the they began to him thus well sir is the mob down in or is it still up has the mob the british yet what are we to make of this at one moment he is a general at the next the of a mob v lee tried to this conversation but it only provoked them to greater two of the british ships have since put out to sea the other two still remain off the the has recalled the companies of which marched from this place and the two troops of horse from these places will remain with for the purpose of the coast and any attempt to land i was here when the companies from this place marched and was in when the company of horse marched thence to it had not indeed all of the glorious pride pomp and circumstance but it of war the companies were their arms newly they had an elegant stand of colours and a most delightfully band of music accompanied by an escort of the of and the company of marching in they traversed the main street through almost its whole length all this would have been merely a fourth of july parade but what gave it the tragic face of war was that every window from the ground to the third and fourth story was filled with weeping females do you think that these people will do us the justice they ou t plan of a the exasperated spirit of tliis nation will not be satisfied with a nor with an english farce of a trial of and a complimentary return of their swords and higher promotion even if they were to and execute or or both i confess for my own part that i should be very whether they were not giving us the second part of the tragedy of poor so firmly am i persuaded that this outrage flowed from the cabinet according to my notion of things if the the outrage the should be given up to be tried in this country i see this right by a northern press perhaps a republican one and i think very the paper it because the violence was not committed within our but if it be true that the violence done to the was out of our line yet the herself wherever she was being a national ship was part of our territory and this i think is not the less true because it was perhaps by john in the case of if it be true at all the ought to be tried in this country on the principles of national as well as common law if tried here and will have it in their power to show whether they acted by the s of their masters if they did they ought to be and their masters punished if they did not they would themselves be certainly punished neither of which	29
major in one part of the state another in another the appointment of captains as widely as possible so as to increase the chances of a rapid formation of your regiment these captains will their and on the captain and his inferior officers will depend the success of that you as the colonel are a man of talents honour education good breeding courage and humanity will be information enough to the soldiers besides sir as soon as we are i mean to have two or three hundred hand bills struck of the principles on which our will be constructed and painting it in perspective as brilliantly as my paint box and can do it these will be first to the through them to the and chap xv the them to the captains and to be read at every public meeting of courts c on tbe of this address on the conduct of your captains c dispersed over the state i think you may securely count for a regiment more especially when your own and respectable name is known to key the arch if after all this you doubt and the president should be at and you prefer if he comes into it con he will be excellent t t the governor has written to the president in support of our letter ca yours wm to august mt dear e c c ic ie the act of of the th february last a tender of services to the president by and him to the companies so into and hence it is thought that to and cannot issue until he shall have received tbe tender of your companies and made the requisite organization enclosed you have for the seven captains whom you have named with a circular letter for each you will require two more captains whom you will name by the return of mail and you will as early as possible name the and in each company upon this subject you had better take the opinion of each captain as they will probably best know the officers qualified for the service in their respective in the meantime the persons so as and can immediately assist the captains in understanding however that their will depend on the approbation of the council of the state if approved their will be immediately forwarded if either of your captains decline name another as soon as possible in his place and your brothers here will take care of his commission charge your captains particularly to no and no let them as far as possible only young men i mean without families and under six and thirty at all events not over forty of good size and healthy it would be the fortunate if each company could be completed in the game for the convenience of it the men will understand that they will not be called from their several and pursuits until called out by the president into actual service they ought to understand that the war cannot in the nature of things be a long one a single campaign will probably give us canada and so that while an engagement for tlie will be more honourable it will probably not be more oppressive than an engagement for twelve months and much i fear that the glory of this achievement will be given to the states immediately in the british neighbourhood canada and taken little more will remain unless great britain by conquest should open another theatre in the south this is to you the of our letter to the president will be found in the enclosed circular the companies will furnish themselves with the cheap uniform of the state of which any captain will advise you and for which if they are called out into service they will be paid by the united states on the subject of among other you will hear further from us the hour of s trial is come he has exhausted the and elected only four ed r e the judge s and of this place your brothers greet you wm we have now some signs of glory has its currents as well as love the war seems to have been transferred to the newspapers to september mt dear sick as i have been for several days and harassed by the progress of s affair i have but a minute to answer your favour by the last mail c tf c c we have certainly been deceived if not in the v at least in the understanding of our countrymen in spite of the repeated efforts which have been made to explain the motives and object of our association and its non interference with they xv the still it or affect to it we are right in principle and must disregard this several companies in the lower country are filled up or nearly so and i think the wave of prejudice is retiring a letter of the governor in reply to one from a officer making inquiries as to this will be published to day by order of council and will i hope give the de grace to this ignorant or vicious opposition my sickness and professional engagements together have prevented me from giving to this subject for some time past that personal attention which i wished l has stepped in between and death he has pronounced an opinion that our evidence is all not having been present at the island with the assemblage and the act itself not to war the jury thus sent out without evidence have this day returned a verdict in substance of not guilty your friend wm the next letter looks to the conquest of to september mt dear friend l mr s project is better calculated than ours to go on at first wait till the election of his officers and the period of their services is fixed and you will discover the which his plan contains	29
wm this is the end of a martial dream and were both in their thirty fifth year an age when men maybe trusted to make good any promise of adventure they were both very much in earnest in the scheme the reader will smile at the double current of war and law which runs through these letters the affairs of the in the morning of the camp in the evening a very taking to the fancy of a special of was called by the president to commence on the th of october it was supposed that this would take up the question of the in such a spirit as would lead to a declaration of war that expectation had already yielded to an opposite conviction produced by a of the act of the british commander by his government the prospect of settling the differences by became almost certain the result was that the war was postponed amongst other consequences of this event the hopes of the and its proprietor gradually faded away in the somewhat atmosphere of a doubtful peace instead of war the country had an chapter xvi increasing reputation mr to him to go into he to to his profession he mr against the protest letters of one of the people unexpectedly put in for the letter to mrs w on this event his to it is elected correspondence with mr letters to and the reputation which acquired by his in the trial of had a conspicuous effect upon his subsequent career that trial had summoned to a great of spectators amongst whom were many men of the highest distinction in the state of virginia and indeed in the union the court house was thronged with crowds capable of forming the best judgment upon the merits of the counsel and of doing full justice to their several ability the cases were argued with careful preparation and skill the doctrine of treason both as known to the law of england and as defined in the constitution of the united states was fully discussed and the leading of both countries were with an which the reader of the report with the highest respect for the talent in the cause the opinions of those who witnessed the trial and the impressions made by it upon all who read the proceedings at a distance the scene equally tended to the professional standing of the counsel of neither more than of mr indeed judging from the which portions of his speech acquired through the press we may say that no one of the counsel as much by it as he did his popularity in thus greatly i m v w letter from mr suggested an attempt to bring him into public life mr expressed an earnest wish to him ou this subject in which he was by many of his political friends the following letter from the president now approaching the last year of his second term shows the high estimate he made of mr s for political service washington january bear sir i suspected from your desire to go into the army that you disliked your profession notwithstanding that your prospects in it were inferior to none in the state still i knew that no profession is open to stronger than that of the law the object of this letter then is to propose to you to come into that is the great commanding theatre of this nation and the threshold to whatever department of office a man is qualified to enter with your reputation talents and correct views used with the necessary prudence you will at once be placed at the head of the republican body in the house of and after obtaining the standing which a little time will you you may look at your own will into the military the or other civil with a certain of being in either whatever you please and in the present state of what may be called the eminent talents of our country you may be assured of being engaged through life in the most honourable if you come in at the next election you will begin your course with a new administration by supporting them you will lay for yourself a broad foundation in the public confidence and indeed you will become the of the republican government of your country i will not say that public life is the line for making a fortune but it a decent and honourable support and places one s children on good grounds for public favour the family of a beloved father wiu stand with the public on the most favourable grounds of competition had general washington left children what would have been denied to them perhaps i ought to for the frankness of this communication it proceeds from an ardent zeal to see this government the idol of my soul continue in good hands and from a sincere desire to see you whatever you wish to be to this apology i shall only add my friendly and assurances of sincere esteem and respect th flattering invitation from one so eminently xvi s answer as the writer of it to a career which we may suppose at this time to have been f open to mr and which in itself is usually regarded as sufficiently attractive to men of talents was promptly answered by him to it was addressed in a tone of so much prudence and with such deliberate estimate of the duties he owed to himself and his family as to present an example of self denial but seldom witnessed in one who might have found in the invitation so many to accept it was now in the very of vigorous manhood a time of life when the of youthful ambition is not only but even more confident by the conscious strength of experience and knowledge of the world to thomas	29
january sm i fear you have forgotten my disposition since you seem to think your of the th might require an apology it is to me obliging and grateful beyond expression i cannot deserve your good opinion than by answering your proposition in the same spirit of frankness in which it was made my desire to go into the army proceeded from no dislike of my profession it arose from the impulse which the continent in acting under it i overlooked domestic which in this calmer proposal of going into present themselves with irresistible force i have a wife and children entirely for they on the running profits of my practice the instant this ceases they must either starve or be thrown on the charity of their relations this also would be the effect of my going into the army but a state of war demands many sacrifices which can never be necessary in a time of peace the war too i supposed could not last more than two or three at least upon land after which i might return to my practice whereas the political career my destiny for life in entering it although i should have the good fortune to reap all the high honours and advantages which your obliging good opinion has suggested yet old age will come upon me and find my and children as destitute of provision as they are now i think it my duty to endeavour to guard against this and as soon as i can to place them in a situation in which my death would not beggar them it is then that i might enter with advantage on public life i should be better informed and better known and independence of might save me from those cruel and d d o xi s o refuses public life i have sometimes seen in the of and in the public prints the situation of our amiable and beloved who has just returned from a foreign mission to meet the most of a private nature at home is an awful lesson on the subject of one s self to his country before he shall have secured an independent retreat for old age nothing indeed can be more than that devotion f f i may add that were my fortune other than it is there is not in life a course on which i would enter with more spirit and than that to which you invite me the government is most dear to my affections its its energy its dignity the protection prosperity and happiness which it are now and after your retirement the pure and enlightened man to whom we look as your successor will in my opinion have no equal on the theatre of public life yet notwithstanding this i am sure that you will approve my motive in to the practice of the law i am dear sir most respectfully your obedient servant wm refusing in this firm and respectful manner the offer which was made to him nevertheless was far from being an or spectator of the public events the time had now arrived when mr was about to retire from the and the nation was deeply interested in the purpose of his successor the party of which mr was the head had generally directed their attention to the secretary of state mr as the man most worthy of the eminent trust which was about to be there were however some in that party opposed to this at the head of these was john of certain members of of whom mr was one had published a paper which to be a protest against the proceedings of a then recently held by the majority of the republican members of the two houses at washington in which mr had been as the candidate this protest came from a fragment of the republican party itself and threatened a division which might finally lead to the overthrow of the friends of the existing administration mr was the principal object of their attack and he was before the chap xvi one of the people public in terms of great severity the principal charges brought against him were founded first in his report upon the claims as the protest affirmed a shameful bargain with the of the companies second in an alleged want of of character and lastly in his in the of the with and such a paper put forth at this time was looked upon by the great body of the with deep concern this party had now been in power eight years the retirement of mr presented the first occasion for a struggle to the of the party which he had the public affairs were in a most critical position hovering between peace and war powerful enemies were in arms abroad great talent was combined at home against the administration but the people were strong in the of the party in power and could only be defeated in their hope of maintaining it by such events as this division of their leaders seemed likely to encourage and direct in this state of things took up his pen in defence of the decision of the and addressed three letters to the through the medium of the at these letters were signed one of the people as they convey a favourable impression of the author s talents for political and as they refer to some interesting facts of public history as well as to some questions of political conduct and present a most spirited and appropriate defence of one of the and best of american the reader it is presumed will find sufficient interest in the topics to be gratified with the of the following these letters are addressed to joseph clay john masters george s john peter gray w samuel smith daniel john samuel david r james m and john one of the people of the united states to whom you have lately	29
addressed yourselves through the medium of the press returns you his through the same channel and as one of your he expects to be heard by you in his turn an appeal to the nation by their representatives in and that under so a form as a protest strikes the si s one of the people respect the protest in england has generally been the act of a patriotic resisting in behalf of the people the corrupt policy and bold of the minister we have been accustomed to see and to in those the genuine flame of the the unity and simplicity of truth the energy of argument crowned with the light the order and dignity of eloquence from a natural association of ideas on which you no doubt calculated we received your protest with similar feelings it is true indeed that in this country we have perceived nothing either of oppression or corruption during the course of our present administration the country has appeared to us to flourish in peace instead of oppression we have felt our burdens lightened instead of corruption we have seen only that political purity and which become a republic but in spite of seeing and feeling when we nd a protest published to the world and supported by so respectable in number we at first apprehend that our senses have been deceived that unknown to us there has been oppression or corruption or both which this band of honest and independent is now about to expose and proclaim to the nation we take up your protest with hearts beating full of expectation and anticipated gratitude but what is our disappointment what our regret what our disgust when instead of a protest breathing the elevated spirit of conscious truth and virtue telling us of wrongs which we have suffered and proving them too we find ourselves insulted by an weak and inconsistent in its charges shuffling and in its argument poor entangled and crippled in its composition is it by these means that you seek to recommend yourselves to our respect is it thus that you respect the and integrity of your countrymen the jealous resentment of a republic is the sacred guardian of her honour and safety the wise and the virtuous approach and excite it with caution for they know that it is a dangerous passion and they would confine it to its appropriate function the punishment of guilt and the preservation of the republic it is only the weak and the wicked who seek to rouse this lion passion on every occasion the weak because they know not what they do and the wicked because they know it too well because they are perhaps in a situation which cannot make worse and may make better or because there is some man of merit who stands in the way of their designs and who is too firmly fixed to be removed by any other means than a popular storm or because they feel themselves so perfectly in the plain road of virtuous and honest policy that they find it necessary to fly off into an eccentric track in order to catch the public eye or because they had rather be regarded as shaking and plague upon the earth than as magnitude and splendour light and maintaining chap the harmony of the system or because they have been in some favourite appointment and under the united pangs of disappointed ambition and revenge or panting for the guilty glory of heading a bold and turbulent they would involve a republic in confusion and ruin rather than not be gratified and distinguished these are truths which the people of the united states understand and understanding which they will with a critical and suspicious eye every attempt which is made to the national resentment before they suffer themselves to be they will examine well the causes which are assigned for it before they suffer their confidence to be withdrawn from a tried a faithful and a favourite servant they will with calmness and patience the charges which are made against him they will do more they will look with an eye of jealous scrutiny into the characters and motives of his they will see whether there be no one among them to whom the removal of that favourite would be personally convenient or no one whose resentment or whose envy it would soothe no of characters to whose private and personal attachment to a restless and ambitious it would administer delight they will trace the to its source and see whether it be fair and patriotic with a sincere and single eye to the public good or whether it be the of a to put out of the way a man who is too honest and virtuous for their purposes as to you gentlemen it is to be presumed that you can defy this scrutiny occupying the station which you do it would be horrible to think otherwise of you to turn against us the ground which we have given you to use it for the purpose of us with one another of our peace and overwhelming the republic with civil discord in order that you might rise like the spirits of the storm to the sovereign direction would be an abuse of confidence a pitch of ingratitude and of which we trust that our infant republic has as yet no examples you the late at washington but have not you yourselves or at least the most distinguished among you been members of on the very same occasion were you not members of a for this very purpose in the election of you cannot deny it you dare not deny it when it was found that there was an equal division in the between mr and a were you not frequently nay almost perpetually in for the purpose of means to the ultimate election of him whom you believed the choice of the	29
people were you not again in for the election which took place in the year these are facts of public you do not deny them nay you admit that have heretofore customary f your you o t ie m c one of the people into you were plunging and you attempt to excuse your these meetings you say if not justified were by the necessity of the union i no shuffling in the ranks gentlemen a is right or wrong in principle if wrong nothing can make it right k the of was in direct hostility with the of the constitution f if it was a gross assumption of power not by the people the of which you were members were equally in direct hostility with the constitution f were equally gross of power not by the people for the constitution has no change in this respect it more power in than it gives in out d your own mouth then you are condemned wherein ye judge others ye condemn yourselves for ye that judge do the same f f again you accuse the members of who formed the late at washington of attempting to produce an undue bias on the election by the sanction of names now pray what was the object of your protest of your and against mr was that intended to produce no bias on the election and to produce it too by the sanction of names blush at the in which you have involved yourselves which prove the pure and noble policy by which you are and which rely upon it will not be shortly forgotten by your but what is all this and uproar about and which all at once have become so with danger to the country the people of the united states see nothing in a but a conference among the members of to ascertain the favourite of a majority of the people the election is a prevailing topic of conversation in every quarter of the union for a considerable time before it takes place the pretensions of the several are every where publicly and freely discussed the members of then will have learnt the sentiments of their respective before they leave home the object of a is understood to be nothing more nor less than to bring those sentiments together and by comparing them to ascertain who has the of popular favour what odds does it make how this conference is called whether by an card or one signed by the name of mr the essential object is the conference and so that one be fairly obtained the people care very little about the forms and ceremonies which led to it as to the assertion that the notice was private we require evidence we have seen a very different statement of this fact a card published in the name of mr and a counter card in the name of mr somebody else and as to you gentlemen we presume that it would have made very little difference whether the notice was public or private since your new c af xvi the on on this yon would have been too or too stately to have attended although the notice had come to you in the of a ad and that on the solemn call of your country you seem to think that a has the power of on the people they please as president that by in one shape and another a composed of members of might be induced to place any candidate in and that such would bind the people like a magic spell that firom it they would have no possibility of appeal or escape do you really believe all this gentlemen if you do we are sorry for you you have lived to very little purpose and know but little of the independence of the american character at present your remark on tbe of and of which it is hoped you do not speak let me ask you this question do you suppose that if one of you and let it be the most prominent character among you could have prevailed on the last to put him in the people would have had no choice but to have made him president it is impossible to read the question without smiling at the supposition of an answer in the affirmative the would have been laughed to scorn and why would it because there are men of another stamp who are willing to serve us men whom we have tried for upwards of thirty years men who sat at the through the storms of our war men whom we have ever found faithful and men as profound in policy as they are upright in their views men who have never had an object but their country s good men compared to whom you are but as boys of yesterday these are the men whom our fathers have gone down to their graves blessing and whom we shall not desert because of your and the had affirmed that a was in direct hostility with the principles of the constitution but had added to this we do not say that a consultation amongst the members of respecting the persons to be recommended for the two highest offices in the union may not in some extraordinary crisis be proper and as an instance of such a crisis they had referred to the first election of mr the they said in touching upon this election presented a strong and either to succeed at all or to prevent them from placing the candidate for the in the chair it was t u v one of the people tl the combined efforts of tlie whole republican party to this one of the people asks but why are you not in gentlemen for the very crisis has arrived which according to your principles would render	29
it proper there is a party which is just as to you as ever the party was and which we believe you wish most fervently wish to it is the republican party at the head of which is the present administration it will be in vain for you to deny this it is not in your protest only that we look for the evidence of it it is in your conduct on the floor of from an occasional difference with the measures of the administration we should not have drawn this conclusion because such a result might have been expected from the different and habits of different minds but when we find you organized into a corps against the administration and pursuing your opposition with as much system and i will add as you manifested towards the we can have no doubt that you wish their as devoutly as ever you wished that of the yes it is not mr only it is the administration which you it is their united which produces all this agitation and screaming among the birds of night they long for the day fall which better suits the of their sight for the season of darkness when the peculiar of their organs may give them an advantage and their fierce and spirit may have full scope for and after some arguments in favour of the principle the author proceeds that conference is a medium of communication between the states it shows to one state the opinions of another and to the united states the result of the whole those who on the comparison find themselves in the if they he the genuine friends of of harmony and of the union will sacrifice their private to those great public objects and thus by between the states will be prevented will be avoided and these will continue to fall where the constitution intended them to fall on the people by their such will always be the result while the people continue united virtuous and patriotic or say that a country is cursed with a who instead of thus sacrificing to the public good would sacrifice every earthly and every heavenly consideration to the views of their own ambition then there is the more occasion for concert and good understanding among the virtuous and pacific majority so that whether in times chap xvi the of internal peace or trouble the conference is constitutional harmless and when was it ever more so than on the present occasion when to say the least of them a parcel of hot young men to resemble s character of the earl of to be the up and down of themselves together to and ruin one of the most virtuous and able public servants that ever blessed a free nation and did you suppose that it would be in the power of such men as you are to shake the gratitude and attachment of the people to such a man as mr what could you have thought of us what could you have thought of yourselves of mr we had supposed it might have been truly said as dr johnson is reported to have said of sir that he is one of those men with whom if a person were to quarrel he would be the most at a loss how to abuse but in this sentiment dr johnson went upon the supposition that the abuse should proceed upon facts or at least have some small degree of resemblance to them the power of invention and of which you have displayed were together beyond his calculation the objection of want of energy is then taken up the protest had against mr in this language we ask for energy and we are told of his moderation we ask for talents and the reply is his merit we ask what were his services in the cause of public liberty and we are directed to the pages of the written in with alexander and john in which the most extravagant of their doctrines are maintained and we ask for as a republican standing forth to stem the torrent of oppression which threatened to the liberties of the country we ask for that high and honourable sense of duty which would at all times turn with and from any compromise with fraud and speculation we ask in vain the reply to this is spirited and personal presenting a strong example of the author s power of sarcasm this is just such pretty little sing song composition as with senses half awake dream over for their first and too are you that hold this language concerning mr as to the most prominent among you we ask for your energy and we are told of your we ask for your talents and me reply ia vol i one of the people your and your we ask what are your services in the cause of public liberty and we are directed to your co operation with the british cabinet and the british author of war in to justify the plunder of our commerce we ask for your as and we are told of what you were and what you are of your former attachment to the pure principles of the administration and your present and frantic against them we ask for that high and honourable sense of duty which with disdain on all selfish considerations of private and personal looks only to the public good we ask for the mind which that great object with calmness and discretion which instead of and itself upon a partial view of a measure takes the time to look patiently and calmly to all its consequences in all its bearings to allow to every consideration its due weight and then instead of rushing to its decision in a state of feverish passion takes its ground with that dignity which results from a conscious mastery of the subject from mingled and firmness	29
we ask for those things we ask in vain as to the rest of you we ask who are you and we are told you are members of we ask how you have distinguished yourselves and we are pointed to your and you are the men who expect that by giving your names to the world you can destroy mr it was indeed high time for you to have received this no gentlemen believe it you are not the kind of characters who are fitted to sway the of this nation we would as soon commit them to s madman or the nor are the people of the united states an mob on whom you can play off your with success you will not speedily gain with us the name of by means of your and nor will you prevail upon us by charges to banish from our bosom another yon forget that we have the example of before us if after such an example we could repeat her follies and her crimes banish our and and flatter the fiery until we raised him into a we should deserve the remorse the vain and remorse the ruin and the which finally overtook her the following brief history of the celebrated case is not without interest but what do you mean by raising this uproar against mr about the abominable business we know that he is as perfectly clear of that transaction as you are and you know u too we understand you gentlemen we see you through all your you know that this business was universally odious you know how highly and universally our indignation was excited x ou chap xvi the speculation believe that indignation so blind that you can lead it as yon list and so that yon can cause it to sweep into ruin all against whom it is your pleasure to direct it you are mistaken gentlemen we are not so blind as you suppose us nor will you find it so easy a matter as you expect to make us by the tools of your designs and the instruments of our own disgrace unfortunately for you we know the course of that whole too well to be imposed upon by you we will show you that we do when that country which had been the scene and the subject of the speculation was by the state of to the united states it passed with all the and claims which previously existed upon it these were derived from various sources ist from the british government while the country belonged to the british d from the spanish crown after its conquest of west d from and settlement only and th from the state of and before and among others those of the it became important to the united states to ascertain how many of those claims were well founded and deserved to be confirmed how many were and deserved to be rejected by an act of passed in the of the united states who had been previously appointed to settle limits with the state of were st to into the claims which are or shall be made by or any other persons whatsoever to any part of the lands d to receive from such and any of compromise d to lay a fall statement of the claims and together with their before mr the secretary of state mr the secretary of the treasury and mr the attorney general of the united states were the appointed to perform those laborious duties they discharged them with ability and all three in the report upon this subject in explaining the claims so far are they from one single feature of that hideous transaction that they open up all the sources of corruption in which the law originated point out the names of the members and arrange and exhibit the proofs of that corruption in short they exhibit the whole of that evidence which was afterwards the theme of so much eloquent in never was there a case of infamous corruption more more and more developed and displayed than that of the in their report they were directed however by the law under which they were acting to receive any proposals of compromise which might bo made by the and to report such proposals to together with their opinion they accordingly receive t aa one of the people proposals and their opinion that they were at the same time they think that there were features in this transaction which deserved their consideration and that of for instance a great number of and innocent men at a distance from scene of action and who knew nothing of the corruption in which the law of originated had been induced to become of lands the law itself on the face of it was not only bat popular for it was an act to an act entitled an ad a part of the territory of this state to the payment of the late state troops the assembly of the state rf a body having full power on the subject pledge the of the state for the of the grant on the faith of this pledge distant men as virtuous as any in the united states and knowing nothing of case except the fair face of the law were induced to take tides under it the names of some of these men well known in virginia appear in the report was it competent to the state of one only of the parties to the law and that to the prejudice of these innocent these were difficulties which the had to consider and to report their opinion upon the united states had now taken the place of it had acquired by a vast territory and besides doing strict justice to itself it was bound to do what was to others there was another view of the subject highly interesting to tiie	29
it was bound in its decision to consult its dignity in the mode of these and its own interest in removing all the sources of and the titles of its own future in this territory considering these circumstances the real hardship of the case to the innocent and the rich which the united states had gained in the territory the three in thinking it the most liberal and sound policy to put an end to all by giving those a reasonable compensation for their disappointment and losses this the whole case we close these with th eloquent defence of mr which seems to have been prompted no less by the just appreciation of his public service than by a warm personal regard for the distinguished subject of these remarks you object to mr the want of energy the shows the company which you have been keeping it proves that with your former political which has been bo often and we now find so justly charged upon you it is the mere echo of the old reproach against mr caught by you to be against his expected successor the want of energy how has mr shown it was it in standing abreast chap one of the people witli the van of our and the horrors of a seven years war for liberty while you were shuddering at the sound of the storm and clinging closer with terror to your mothers breasts was it on the declaration of our independence in being among the first and most effective agents in casting aside the feeble threads which so poorly connected the states together and in of them that energetic bond of union the constitution was it in the manner in which he the of this substitute in the courage and firmness with which he met on this topic fought hand to hand and finally that boasted of nature henry where was this timid and apprehensive spirit which you are pleased to to mr when he sat under the sound of henry s voice for days and weeks together when he saw that henry whose soul had so led the revolution shrinking back from his bold experiment from the energy of this new and constitution when he heard the magic of his eloquence exerted to its highest pitch in painting with a prophet s fire the which would flow from it in up the soul with anticipated horrors and even the of heaven in his cause how did it happen that the feeble and spirit of james instead of flying in confusion and dismay before this awful and tremendous combination sat serene and unmoved upon its throne that with a penetration so vigorous and clear he these of fancy rallied back the courage of the house to the charge and in the state of virginia in which henry was almost adored as succeeded in throwing that henry into a is this the proof of his want of energy or will you find it in the manner in which he watched the first movements of the constitution in the boldness with which he resisted even in a washington what he deemed of its spirit in the independence ability and vigour with which in spite of declining health he maintained this during eight years he was then in a turn to the of and read his arguments you will see how the business of a virtuous and able is conducted do you discover in them any evidence of want of energy yes if energy consist as you seem to think it does in saying rude things in and in pouring a muddy torrent of coarse as destitute of argument as by provocation you will find great evidence of want of energy in his speeches but if true energy be evinced as we think it is by the calm and dignified yet steady zealous and pursuit of an object his whole conduct during that period is marked with energy and that energy rested on the most solid and basis conscious supported by the most profound and extensive information by an habitual power of investigation which with certainty the most intricate subjects and an mr and won respect while it forced conviction we have compared some of your highest and most with the speeches of mr during his services in what a contrast it is the noisy and short lived of a brook af r a rain compared with the majestic course of the yet have the vanity and to ask for the proof of his talents you who have as yet shown no talents that can be of service to your country no talents beyond those of the merciless indian who strikes a into the heart but what an idea is yours of energy you feel a constitutional you indulge it and you call that indulgence energy sudden fits of transient starts of passion wild of fury the more slow and secret workings of envy and resentment cruel and the dreams of disordered fancy the crude of theory the delirium and of a fever this is your notion of energy i heaven preserve our country from such energy as this if this be the kind of energy which you deny to mr the people of this country will in your denial but if you deny him that energy which him to pursue his country s happiness and to defend her rights we follow up the course of his public life and demand the proof of your charge for we beg you not to think so highly of yourselves nor so of us as to suppose that your general assertion will pass with us for proofs we have not yet seen the evidence of and virtue which you to this high ground to your proofs then and to the of his life do you remember that dark and disastrous period during the administration of washington when the	29
mr in with mr and mr wrote the work called the in which the most objectionable doctrines of the latter are maintained now the objection to the doctrines of the latter gentleman was that they were too energetic in one breath then mr wants energy in the next he has too much of it this is the unity and of truth but why again are you so vague and so general in this charge about the our tell us in deception in general expressions and the truth of the was never more strikingly than in your treatment of mr you mount some eminence and with a trumpet to your mouth you out want of energy the and it not suit you to descend to particulars because you know that the charges require but to be seriously examined and they are at once and exposed you know the xvi mr attached to the words you utter and regarding your countrymen as a pack firom the you seem to that you have nothing to do but to point out the game and set us on but we are not quite such beasts as you are pleased most respectfully to consider us instead of being ready to worry a whose virtues offend you we will protect and him against your injustice and most persecution the we know that it is a defence of the constitution which we are all sworn to support and where is the crime of mr s having in that defence is it criminal in mr to have defended the constitution by written argument and yet not criminal in you and in us to have sworn to support it this is another of the strength and of your since you will not descend to the passages in the which mr wrote and which give you offence permit us to extract one which is calculated to give you consolation in the prospect before you since it promises the continuance of your honourable existence as a body liberty is to what air is to fire an without which it instantly but it could not be a less folly to liberty which is essential to political life because it than it would be to wish the of air which is essential to animal life because it to fire its destructive agency this is a general answer to a general charge when you give that charge a definite form it shall receive a definite answer the letters conclude with a assault upon the there is obviously an effort to keep back a part of your wishes speak out gentlemen after the which you have gone it is the height of folly to be or if you will not speak out we will do it for you this is your wish you wish some man to be appointed the next president who you believe looks upon the present administration with the same hostility which you do in other words you are displeased with the character of the present administration and you wish a different character to be introduced this is the whole of the secret with which you have been and throughout this most unfortunate self protest but you perceive that the people of the united states are of a different opinion they approve the character of the present administration they wish that character continued they know that it will be continued by the election of mr these are truths which stare you in the face and fill you with the pangs and agonies of despair the prospect of being again in a little and wretched during the next administration is more than your proud and lofty spirits can support learn then to avoid it learn to have no interests but those of the people forget the wicked as p one of the people of ambition which have disturbed your brains return to virtue and to the people and the people will forgive you these letters attracted a great deal of observation replies were published and a war of considerable was between the author and his some to this will be seen in his correspondence of this year we are struck in the perusal of these papers of one of the people with the of the discussion they show us that the political of our own day are inherited from another generation and belong we may infer to the nature of our government and in some degree perhaps to the character of our race few men were more of opinion than few less likely to be excited by political into the exhibition of of temper but we may remark also that no man was ever more prompt or zealous to defend a friend from the of an enemy than he in the performance of this office for mr he may have indulged a tone of rebuke and a larger license of than his own judgment in a moment of more repose might approve his letters to his friends contemporary with these political seem to imply this the authors of the protest were gentlemen of high standing in the country many of them distinguished then and afterwards for their devotion to the public welfare and effective in the national and in after life personally esteemed by mr as friends worthy of all regard they had however commenced the war and could hardly expect less quarter than they received in the conflict though we may suppose little expecting to encounter the champion which supplied in one of the people whilst these letters were in progress of publication found himself most unexpectedly and without any agency on his own part proposed to the city of as a candidate to represent that in the house of his opponent was colonel one of the most worthy and influential gentlemen in that community quite as unexpectedly he was elected writing to mrs from on the th of april some days	29
before the election in was to be held he chap xvi elected to the there is an election here to day which reminds me of that in the total indifference with which i contemplate the election me that political ambition is not one of my sins in many points of view it would be permanently and infinitely to my advantage to be left out i beg you therefore not to heave one sigh at col c s election nor think that your husband is the less respected by the wise and the good because he is not preferred by the of to colonel c it is no to any young man that a so old so long tried so virtuous and so worthy in every point of view as colonel c is preferred to him i regret extremely that by being and unexpectedly drawn into collision with him i have been made to have the appearance of a doubt of his fitness or of entertaining a vain opinion of my own both which opinions i most sincerely but you know how i was brought into this scrape which i promise you is the last one of the kind the history of political contest in the united states does not often present specimens of reserve and modest personal estimate resembling this we record such of opinion as is here implied both in regard to what is due to the public service and to the of self judgment with a peculiar pleasure for the instruction of the present generation when almost every man seems to believe himself with all the attributes of wisdom talents and learning necessary to the discharge of any public function whatever at this day when the most profound problems of political economy and and all ihe mysteries of wise and all the science necessary for skilful are supposed to come by nature or to derive their highest finish and perfection from the severe discipline of the stump and to find in every erected at a country cross road or porch of a village tavern an academy competent to furnish full blown and accomplished it may be well to to the example of that earlier epoch of our republic when a man so gifted as william so laboriously trained and so successfully tried could speak in such terms of distrust as to his fitness for a seat in a state forty years ago evidently the men of america were not so confident in regard to their own merit as they have grown of late the march of intellect which we now call progress letter to mr a done wonders in the supply of the finished material of ship tn the contest of this year the opposition to mr had in part looked to mr as a point of he was named as the of the candidate and a strong effort was made to give him the support of the republican party mr as we have seen enjoyed the friendship of mr equally with that of mr indeed the personal which he held to mr was even more intimate and confidential than that which he held to his this circumstance led to the choice of as one of a committee in to promote the success of mr s election when this choice was communicated to him he declined the appointment and took occasion to explain to mr the grounds upon which he did so his preference at that juncture for mr the following letter has reference to this matter and presents in an advantageous light the delicacy and frankness of the writer it is proper to remark that this letter was written before the occasion had arisen for the essays signed one of the people dear sir to james february on going into court to day i found business enough cut out to keep me closely engaged both to night and to morrow so it will not be until to morrow evening that i shall have it in my power to see you on the subject to which you referred this morning for you the same sincere and cordial friendship that i have ever done since i had first the pleasure of knowing you and that i was now as worthy of your confidence as i have ever been it did not occur to me this morning to state to you a circumstance which perhaps may make it less agreeable to you to communicate with me on the proposed subject and which may the weight of any friendly opinion which i may give on it on recalling our short interview of this morning i think that and honour require me to mention this circumstance it is this i was called on to act as one of the standing committee to promote your ticket i declined it stating that although personally more warmly attached to you than to mr for i knew you much better and although i thought it would make very little difference to the happiness letter to mr of the people of the united states which of you was yet for i preferred mr i went further for it was a friend of ours who spoke to me i added that i much feared if your friends persisted in running you after the sense of the state and of the united states should be at least strongly if not by the of the state and that it might have a permanently ill effect on your standing for although i myself and the friends here who are in the habit of intercourse with you might know the truth yet i that there was danger that the people of the united states might be led to and identify you with the in the of the present most popular administration and if they should take such an opinion in their heads i feared that you were gone indeed my dear sir so strongly have i felt	29
this apprehension that i have been several times on the point of going and expressing it to you nor has any thing restrained me from it but that having expressed a preference for mr i t it might be considered if no worse in me to attempt to remove the competition i have thought it proper thus to disclose to you what has been my past course and opinions on this subject it to your own feelings entirely whether after this you would choose to communicate with me as you intended if this be still your pleasure i shall be happy to wait on you and i shall be prepared to give you as sincere and friendly an opinion as if this competition had never occurred for i am in deed and in truth your friend wm whilst we have this letter before us it may be well to show with what impressions mr received this friendly explanation this we are enabled to do from a letter of his to mr not written in reply to this but some months afterwards when the contest had terminated in the election of mr the communication from referred to in this letter i have not seen doubtless the issue of the late contest had opened mr s mind to the suspicion that his friends might have his motives and purposes in his name to the competition in which it was used and we may suppose also that they felt all the difficulties of the position in which he was placed that had intimated this to him in the letter to which this is a reply this letter from mr with an honourable sensibility his perception of this embarrassment of his friends and leaves nothing a m mr s reply and confidence which had so long between himself and the individual to whom it is addressed december dear sir your letter of this day has equally surprised and hurt me by a suspicion that it was my desire on account of the late contest to separate from such of my old friends as took part against me i really thought that my conduct had in no given the slightest cause for such a suspicion let me ask has it done so in regard to you did i not consult you on some important topics after i knew that you were not in my favour and have i ever returned to town after an absence from it without calling on you have you ever returned those calls these circumstances produced no effect on my mind of i considered the existing state as being equally painful to them and me and i waited for its to show what my real feeling and disposition were to those of my old friends alluded to you will be sensible that while that contest depended the delicacy of my situation imposed on me the necessity of much retirement and that by observing it i respected the personal honour and independence of my friends as well as my own it is a fact that at the moment i received your letter i was engaged in writing notes to yourself and other friends to dine with me on thursday this will show that i shall accept your invitation with pleasure for that day my invitation to the next i need not add that i shall at all times be happy to see and confer with you on such topics as you desire being very sincerely your friend james we now to the track of mr s correspondence offering a few letters which were written during the period of the political i have described in these letters will be found some glimpses of personal history which may not be to the reader to may l my dear friend f the essays signed one of the people were written by me under the pressure of from some of my friends here at a period chap to i could ill spare the time and in such haste that the s boy was half the time i was engaged in them pushing me for the copy under such circumstances you will not be surprised that the composition is loose and coarse and the style in many passages marked with a heat and which the subject did not require i wish i had taken more time about them the cause was a good one and the might have been with a decorum at which the modest cheek of would have felt no blush but it is too late to i must endeavour to profit by experience and to keep myself more cool and discreet hereafter you have seen the reply by one of the this is his style is certainly not that of a gentleman and my first impulse was to have answered him but remembering that i was the and had perhaps treated the gentleman a little harshly my next impulse was to suffer the stuff to die in peace and the party to sink down without interruption into that to which they are so rapidly tending some of my here think i ought to reply will not this be giving an importance to those which they do not deserve will it not be the existence of the will they not perish soon enough of themselves if we let them alone when i said in the that i should be glad to receive the respects of one of the i made sure that john was coming out i would have engaged with but i do not relish a combat with one of his if i thought however that the people i mean the judicious part of them expected it of me i would reply to hm what do they say with you what does peter say of it what do you say let me have your answer as soon as possible since if i am to reply it ought to be done immediately	29
r r let me be remembered to all our friends heaven bless you wm to may mr dear t f i was not much pleased with the style of one of the people i am sorry for having written it not for any thing that the calf s head one of the has said but because i do not think that it is in the style in which mr should be defended nor in which any man should write who at maintaining in society a pure and dignified character the deserved v i i letter to i think it might have been done even more and more to the honour both of mr and the by a and polite style but the die is cast and the question is how to carry on the game this morning has brought out the third and last number of one of the a more in piece of personal abuse of the very lowest order has never been published all my friends here in the opinion that he does not deserve a reply i shall pe give him a short one but the court of appeals and court being both in and there being several of my in town me with the examination of s i have not a moment to give to the consideration of the meantime you would be pleased to see with what composure and peace i take this i believe that it can do me no injury if i thought it could i would certainly resort to the but while my life is constantly his charges they will not be relied on the reader who does not know me inquire into their truth of those who do and learning that they are will the writer as he deserves and me as i deserve your friend wm i conclude this chapter with another letter to mr as all s letters to this worthy gentleman are with the m and gratitude of a son to july mt dear and ever honoured friend and father i have read half a dozen times with swimming eyes your letter of the th of april last our courts have been sitting without ever since the st of february till the th of last month or i should sooner have acknowledged your goodness in writing to me under so much pain your friendship and affection for me are among the purest and sweetest sources of happiness that i have upon this earth judge then with what feelings i hear of your ill health yet i trust that the same gracious providence who makes the good his care and who raised you once before from the bed of torture will spare you still to your and friends i have been afraid that you do not take exercise enough yet mr street the editor of the western world handed me the day before yesterday a letter from my brother dated april days after yours in which he says that you had been lately at xvi letter to his house that i apprehend is nearly as long a journey as would bring you to the waters in virginia would not this excursion aided by the waters and the animation of the company promise to give a tone to your system and remove the and of which you complain i wish you could believe it prudent and advisable for you to take such a step because i should then have it in my power to see you once more i would certainly meet you at the springs and receive blessing and my wife and children from the sentiments they have for you would accompany me with all the piety of my imagination has dwelt upon this meeting i begin to feel a strong that it will certainly place my brother and his family would i dare say attend you what a happy group should we form i how would we talk over the days that are past till and and sickness and sorrow would fly and leave us to our what do you say to this project i have a sanguine hope that you will find it as judicious in reference to your health as i am sure it would be exquisitely grateful to your feelings and if we meet once and your health should become settled again might we not de a scheme of meeting at the same place every two or three years by these means our children would become acquainted and the friendship which has between us would be continued in them i leave it to your heart and your fancy to this idea through all its consequences to me the anticipation merely is delightful and in spite of mr s doctrine to the contrary i believe the reality would be still more so will you not think of this take medical counsel upon it and let me know the result yes there is nothing more true than what you say when we must die there is nothing like a well hope of future happiness except a perfect faith which all doubt i thank g that i have lived long enough and seen sorrow enough to be convinced that religion is the proper element of the soul where alone it is at home and at rest that to any other state it is an alien restless and miserable dazzled for an hour by a dream of glory but to disappointment and permanent anguish it is the bed of death which away all these of the brain which have cheated us through life and which shows us to ourselves naked as we are then if not sooner every man finds the truth of your sentiment the importance of a well christian hope of future happiness we need not so a as a death bed to convince us of the of earthly hopes of any kind we have but to look upon nations abroad and	29
men at home to see that everything under the sun is uncertain and that prosperity is a cheat and virtue often but a name look upon the map of europe sea letter to fifty or sixty years ago what it has ance been and what it is likely to become formerly into separate independent and energetic with vigorous chiefs at their head maintaining with infinite policy the balance of power among them and believing that balance eternal france in the agonies of the birth of liberty her with in of that event the spreading into other nations trembling for their crowns and to resist the of the example the of liberty and among the rest victorious every where and every where carrying with them the wishes and prayers of america yet now see all at once the revolution gone like a flash of lightning france suddenly buried beneath the darkness of and the tyrant up kingdom after kingdom the thought that they were in danger of nothing but the of the doctrines d liberty but ruin has come upon them from another quarter the doctrines of liberty are at an end and so are the of europe all and melted down into one great and how often have i drunk that s health with a kind of devotion how did all america stand on during his in italy at the head of the army of the republic with what rapture did we follow his career and how did our bound at the prospect of an world yet see in what it has all ended the total of european liberty and the too probable prospect of an world alas what are human calculations of happiness and who can ever more rely upon them if we look to the state of things in our own country still we shall be forced to cry all is vanity and vexation of spirit look at the public prints with which our country is and see the of public and private character of social and and happiness look at the in where is the coolness the decorum the cordial comparison of ideas for the public good which you would look for in an assembly of md such as waa seen in the old of of it is now to be seen all is abuse hostility and hatred confusion and ruin according to my present impressions of happiness i would not exchange the good opinion of one virtuous and judicious man for the of the millions that our country not that these would not be grateful but as for taking them as a basis of happiness i would as soon think of building a house on the of me sea yours most sincerely wm chapter xvii his in the preference for letters to literary dreams of party politics education in regard to the government s service in the of virginia during the of the winter of was the beginning and end of his connection with life through the medium of popular election this of the character of a representative may be regarded rather as an accident in his career than the result of any meditated plan he seems to have been impressed with the conviction that popular was too a staff for a wise man to lean upon for support however useful it might sometimes be to enable him to walk more upon his journey or leap over an occasional in his path confiding in his ability to move onward without this help he preferred the success which was to be won by his own labours in a private sphere to the renown which he might reasonably have from the exhibition of his talents upon the stage of public business we may not this determination to a want of we have seen that no man in the community of which he was a member was more prompt than he to make a personal sacrifice to public duty when it seemed to be required nor was there any who felt a more lively concern in the progress of public events we have the proof of this in the readiness with which he volunteered his services in expectation of the war and in the zeal with which he in the great question of the election we may infer from these incidents that he would not have refused a summons to the duties of public station if he had believed that his personal submission to such a call were upon him by x service in the which could not have been met by other citizens as well adapted to the service and more anxious to undertake it his modest estimate of himself so apparent in his letters suggested to him doubtless that no such could exist and thus justified him in the resolution he had adopted the theory of our government clearly a duty on the part of every citizen to render such service to the state as may be necessary to the conduct of its affairs and which it may be in his power to contribute where the people make this demand upon any one citizen his refusal to with it can only be justified by the fact that others as capable may be found or that his compliance may expose him to the sacrifice of important personal interests such as the community have no right to ask of a citizen except in some great public emergency it does not often happen that an occasion arises to test the strength of this obligation and therefore it is but little to the reflections of the people although we are not without notable and illustrious examples in our history of the grave submission of the wisest and most enlightened to its during the brief term of s service in the we have to note his in a proceeding there which attracted public attention in the state from its connection with an	29
happier one i am delighted with the account you give me of parts has he read s essay on the human understanding if not i wish he would try it i consider it a pretty good test of a young man s vigour when i was about fourteen years old a friend made me very flattering promises if i would read through twice and produce a from a gentleman whom he named that i was master of his meaning he intimated that i should be considered as a sort of phenomenon if i achieved this task it was on sunday i recollect when i received this letter and i went instantly to parson hunt s library took out the book and spreading a blanket on the floor up stairs laid down flat on my breast the posture in which i had been accustomed to get my s lesson and which i therefore supposed was peculiarly favourable to the exertion of the mind i was soon heels over head among innate ideas subjects which i had never before heard of and on which i had not a single idea of any kind chap s essay ther innate or acquired i stuck to him however and plunged on pretty till i got to his chapter on identity and and there i stuck fast in the most hopeless despair nor did i ever get out of that mire until i again met with the book in when i was about twenty three years of age even then as i approached the chapter on identity and i felt as shy as the scotch parson s horse did when in summer part of a road in which he had stuck fast the preceding winter is two years beyond the time at which i made the experiment and i do not doubt that he will bound over it like the over the of is certainly a writer to a young man of high but whoever wishes to train himself to address the human judgment successfully ought to make his bosom friend and constant companion he his reader to a most intimate acquaintance with the structure and constitution of the mind every property which belongs to it shows how alone the judgment can be approached and acted on through what avenues and with what degrees of proof a man may calculate with certainty on its different degrees of assent besides this s book is to the same process for which i have been so earnestly the that is giving to the mind a fixed and rooted habit of clear close and irresistible reasoning the man who can read for an hour or two and then lay him down and argue feebly upon any subject may hang up his fiddle for life to such a one nature must have denied the original of a great mind that heaven may restore and confirm your health and continue to smile with upon yourself and your family who i believe are as dear to my heart as the could make them is the devout and fervent prayer of your friend wm the next letter contains a pleasant day dream characteristic of the ambition of the writer but which unfortunately was never realized we may smile at this picture of hopes which the of after life may be said rather to have for others more brilliant than to have disappointed to jane ht honoured friend yours of the th reached this place a week ago i was then in in the court and learned with sorrow by a letter from my wife your inability to meet us at the spring literary dreams consequence of this our own resolution of going thither is very much shaken and i much whether we shall go higher up the than to my wife s sister s mrs who lives in a county bounded to the west by the blue there we shall get the mountain air avoid a hot journey and a good deal of expense which we would have encountered cheerfully in the hope of you and some portion of your this removed the objections to the remain without a and we must submit with as good a grace as possible to the disappointment the hope that by some means or other at some place or other we shall yet meet before we bid adieu to the world in the meantime lest it should be otherwise from your parental anxiety for me i am sure you would be glad to know what is to become of me and how i am to pass through life i have looked into this subject of my future life with a vision as steady and distinct as i can command and now give you result in the course of ten years without some great and signal misfortune i have reason to hope that i shall be worth near upon or quite one hundred thousand dollars in cash besides having an elegant and well furnished establishment in this town i propose to twenty five thousand dollars in the improvement and of a farm somewhere on james river in as healthy a country as i can find having also the advantage of there i will have my books and with my spend three seasons of the year spring summer and fall those months i shall devote to the improvement of my children the amusement of my wife and perhaps the endeavour to raise by my pen a to my name the winter we will spend in if shall present superior attractions to the the remainder of my cash i will invest in some stable and productive fund to raise portions for my children in these few words you have the scheme of my future hfe you see there is no noisy ambition in it there is none i believe in my composition it is true i love distinction bat i can only enjoy it in tranquillity and innocence	29
my soul at the idea of political and i would not choose to be the innocent victim of it much less the criminal agent observe i do not propose to be useless to society my ambition will lie in opening raising and improving the of my by means of light and cheap i do not that i am enough to sustain a ponderous work while a of fifty or a hundred pages on any subject moral or literary would me very great delight and be executed at least with spirit thus i hope to te employed if ten years hence and so to the day of my death or as long as i can write any thing worth the reading as his w how are as bound up used to publish in this way detached and so did many others of most distinguished writers chap xvii prospect of life in europe all the and of course and many of the philosophers this mode of publication is calculated to give wider to a work there is nothing terrible in the price or the massive bulk of the volume the price is so cheap and the reading light as to command a reader in every one who can read at all and thereby to embrace the whole country may not a man employed in this way be as useful to his country as by in tiie the and the maker produce a transient benefit and then perish together the writer if he have merit speaks to all countries and all ages and the benefits which he produces flow on forever to enjoy them both would be indeed desire ble to a man who could feel sufficient delight in the applause of his eloquence to the pain which the and lies of envious and malignant would be sure to inflict upon him this i think i could never do and i shall therefore attempt that kind of fame which alone i can find with my happiness by these two pages you may look forward through to the end of my life and from the point on which you now stand take in my whole prospect one thing at least your adopted son promises you that he will to his posterity a name of honour and he himself that in future time they will look back to him as the founder of a race that will have done no to their country this is vanity but i hope not vexation to your spirit for with whom can i be free if not with you i flatter myself that you have that kind of love for me which would make you desirous of seeing how i shall conduct myself through life but since in the ordinary course of things this cannot be the next degree of enjoyment is to see it by anticipation and for this purpose it ih t i have been trying to lead you to the summit of h and show you my promised land but enough of it your letter gives a view of the advanced life of parents not the most cheering that could be imagined but then those children whom you went to to live with although widely dispersed are all in the road of honour prosperity and they not have remained with you always you should not have desired it they were to be established in the world and you have the delightful knowledge that they are well established what a feast is this reflection to a heart like yours contrast it with the idea of their always having remained about your house your daughters old maids and your sons lazy old you would have had their company indeed but what sort of company would it have been and if you once admitted the idea that they were to be married or settled i am sure you were not enough to expect that they would all settle around like so many small sur a large one i doubt very much the m i vol i q family concerns so even if it were reasonable to expect a construction i incline to think that distance gives yon a value for each other and that when you do meet your happiness makes up in what it wants in so that upon the whole the sum of your happiness is pretty much the same but my ever honoured friend any man with your practical judgment must have foreseen this result that your would many and that their own parental duties would force them to follow fortune wherever she pointed the way and how happy is your te compared with that of hundreds thousands and m of other parents no child has ever wounded the honour of your house you have no son to mourn no daughter s ruin to bring down your gray hairs with sorrow to the grave how many are there who have i when i think of these soul i almost shudder at the idea of being a father yet in providence i trust i had heard of s wish for the of the from himself and had written to mr whom i know well my impressions of his s character i know not whether the change of office is for better or worse and am to that you think it against reason and judgment the office i will impose more labour upon him and be more likely to him in quarrels and trouble but will not these be balanced by the power which he will have of providing for his children and them into life i am to hear that has laid siege to the he will no doubt soon be tired of it and when he is so he oo t to turn to s account of his s siege of to see what patience enterprise and heroism can achieve and thou he may not see at present the	29
benefit which is to result from his he will feel it by and bye when the arguments of his m before him like the walls of at the sound of the horns by the bye my wife is afraid that you took too gravely her little in some of the lines of your letter the i told her that to my sorrow j you were a too and that your observation could scarcely have been intended to co er the whole of a party to which you yourself belonged the mb as it related to herself a mere sally of and in light she you to consider it i have some hopes that in time i have letter luck with her than paul had with that i shall altogether persuade her to be a good republican this will be e however of living long together and wearing down by slow the little which her parents gave her that is to bay if my own political as being made of softer stuff do not give way first you that in of this sort men hate not much to expect beyond the pleasure of being letter to here is another long and letter no wonder this time for i have written under the pressure of about ninety six degrees of heat my wife and children unite with me in love to you mrs e and our brothers and sisters heaven bless you restore you to health and preserve you to your family yours wm to december mt bear friend i have this moment your favour of the th for which i thank you from the bottom of my heart i love your letters they are your very self god bless you you give me great pleasure yes your brother peter the general and myself had indeed planned a trip to washington this winter which was to embrace you and into which my brother the governor as old s used to say of henry entered with all his soul as soon as mentioned but you know we have authority for saying that the wisest schemes of and men gang aft we were at the springs and looked at the subject at a very great distance too great a distance to discern the obstacles that might oppose our design now that we have come to the starting point i find that the trip would break in materially on my professional for the winter and me from taking the field in the spring with the advantage i ought this is no obstacle our courts are at length all up and i have set in to do what to my i have never done before prepare through the winter for the of the succeeding year leaving nothing for future preparation but future business thus our court is the i lay my before me take up my first cause and prepare the notes of my argument in that before i quit it so to the next and m through that and every other in which i am concerned thus i come out in the spring as pope says like a is not this an object sufficiently important to justify the of the to washington yet how i should enjoy it i have no doubt of the truth of your opinion that these men loom larger from their distance we know those who cope with them and who at least equal if not them and even these are but men no my dear friend i know you are too manly and dignified to flatter any one much less a friend and i know few men very few indeed if one whose judgments are so little liable to be from ike truth by prejudice and partiality yet when you speak of its being of any peculiar importance to me to become the old the great men of the nation i am lost in the attempt to conjecture your meaning the course of politics is neither for my happiness nor fortune i am poor while i continue so it is my first duty to think of my wife and children unless my country were placed in an emergency from which i alone could redeem her a crisis the ii which it is not very easy to conceive my wife says that she should feel my safety no where more secure than in your hands for let me tell you aside that you are a rare a very rare instance in which there is a perfect coincidence in opinion between her and myself as to the taste and friendship of my associates i have heard general m make a complaint against his wife that his greatest were seldom s i suspect the reason with both our wives is pretty much the same to wit that some of our greatest are apt occasionally to tempt us into my wife has seen that this is not the case with you for you never cross the line of the temperate and is no mist of prejudice therefore between her judgment and your good qualities at the good qualities of several of my other friends she is obliged to look through the smoke of cigars and the of the a medium so impenetrable to her that i cannot account for her having ever conceived a partiality for me except by the obscurity with which i was thus surrounded and the force of her imagination but mark me i am speaking only of past years for sir i have made a large collection of old law with the plates of the authors in front c i see fix m the faces of these men who lived so shortly after and indeed of old and who lived with him that this great poet was painting from nature in this as well as in every other instance when he to these men of the law the eye severe and beard of	29
say if you would have him a let him read i think you will find that the and will put a head in his tub for what you censure is not i any defect in the faculty of memory but rather the chap gloomy and so natural to his time of life for which there is no better cure than what i am f as to my country s calling for my aid you make me smile yet if such an improbable thing should ever come to pass you will find that your lectures on patriotism have not been lost upon me alas i poor country what is to become of it in the wisdom and virtue of the administration i have the most unbounded confidence my apprehensions therefore have no reference to them nor to any event very near at hand and yet can any man who looks upon the state of public virtue in this country and then casts his eyes upon what is in europe believe that this republic is to last for ever can he doubt that its probable dissolution is less than a century off think of s conspiracy within thirty five years of the birth of the republic think of the characters with him think of the state of political parties and of the presses in this country think of the abuse means by which they strive to carry their points will not the people get tired and heart sick of this perpetual commotion and agitation and long for a change even for king log so that they may get rid of their the that destroy their peace and quiet these are my fears heaven grant that they may prove i it may be for the want of that political which is essential to a that these fears have found their way into my mind yet i confess they do sometimes fill it with awe and dismay i am sure that the body of the people is virtuous and were they as enlightened as they are virtuous i should think the republic against ruin from within but they are not enlightened and therefore are liable to from the more knowing and vicious of and the very honesty of the people by rendering them and the cheat they are told for instance that this administration is in french pay or under french influence and that this country although free is in effect a and a province of france that the taxes which they pay to support their government instead of being applied to these purposes are to their master in france to enable him to complete the conquest of europe and hasten the time of his taking open possession here the people who live amid the solitude and innocence of the country who read or hear this tale well up and see general pointed out in the annual accounts of expenditure which are declared to cover these what are they to think especially when the tale is connected with a long train of circumstances partly true and partly false growing out of the actual of the country would it be surprising if thus worked upon for four years with the by on tke dot i i increasing eminence they should mr from the seat and place one of his in the chair of state and then when vice and wicked men bear sway what ills may follow heaven only can yours forever and aye wm chapter xviii the purpose of writing the biography op henry mr on this subject let to new england the letter to b death of colonel thb old bachelor letters concerning it in the lives of professional men there is generally but little incident of that kind which is adapted to give interest to the narrative y of the the pursuits of a student whether in the field of professional science or of literature present little for notice beyond the record of his and opinions that of the mind which the delight and profit of a life devoted to study necessarily the student from an active in the of his fellow men and to the same extent his career of that various fortune of which the lights and shades communicate so much interest to personal history we have seen in the progress of mr a steadfast devotion to his profession marked by a regular and continued advancement to eminence eminence which it is apparent throughout his career he was fully persuaded was only to be won by study all other pursuits were subordinate to the great object of his ambition a well renown in his profession in his of this renown and of the means by which it was to be fairly earned he was by the example of t d ii i ed men who in the legal education of the profession both in ancient and modem had illustrated it by the highest accomplishments of general the bar of the united states by no means deficient in the highest order of ability but few instances of that accurate and full training without which no man can be said to be entitled to the reputation of an accomplished looking to the leading members of the profession amongst us we have too much cause to remark that with some rare and brilliant exceptions there is a lamentable want of with those studies which not only grace the reputation of an eminent lawyer but are even indispensable to it we discern in men of the highest professional a lack of a deficiency in philosophical and historical study and a neglect of literature and science which contrast most with their acknowledged vigour and capacity of mind this defect may be sometimes traced to the want of the means and opportunity in early life for study some distinguished men of the american bar have won their	29
way to fame against the of a fortune and in the of all the customary of study in respect to these it may be said that their want of accomplishment bears honourable testimony to the labours of their l and rather what they have achieved than subjects them to reproof for what they have left the great majority of the most prominent members of the profession however have not this excuse they are men for the most part of liberal education trained in the college with all the means and at for the highest and most various cultivation that they have not availed themselves of these means we may attribute in a great degree to the fact that the community at large do not appreciate these sufficiently to allow them much weight in the formation of the popular opinion of professional excellence that the student is not stimulated to these additional labours by any public judgment of their worth and that he need not therefore burden himself in his preparation for his race with any additional weight of study his dream is of popularity rather than of that me which is to live beyond his own day he the applause visibly bestowed in the listening or more manifested in the golden return rather than that invisible remote and character of his studies ij renown which settles late and long upon the works and tlie memory of the ripe and polished scholar something is due also to other causes amongst these that rapid and to large practice at the bar of which we have so many examples thk early success bringing with it profit and popular applause is often the source of a double mischief first by satisfying the ambition of the and second by persuading him that nothing is to be gained in the of his studies to him for the time it must from his business we may find another reason in the extraordinary of that talent for public speaking which is so remarkably characteristic of our people the admiration of the masses for this talent the ready with which they are often but too ready to reward that superficial glittering eloquence with which they are most familiar seem to have the opinion that even the depths of science may be by this of the gift of speech and tiie highest honours of professional distinction be won by the triumphs of the s aim was to build up his reputation upon a more solid base to this end he read and thought much in those ci study which not only the mind by broad and comprehensive views of human knowledge but also supply it with the stores of and comparison and in equal degree strengthen its power of and logical to this end also he himself to the use of his pen and almost the practice of writing into a system of self improvement as a point of daily discipline in accordance with this plan of study he had ever some literary project in hand to which he gave a portion of his time it was not however always that in the pressure of his engagements he could gratify this purpose without too large a sacrifice of immediate personal interest but we remark in his letters how much this literary scheme engrossed his thoughts and the of his profession the purpose of writing a biography of henry which as we have heretofore remarked had been contemplated in connection with a work embracing a number of other distinguished men of chap letter to mr was now resumed in reference to this design wrote the following letter to mr to thomas january about four years ago you were so good as to state that if the life of henry was not destined to come out very speedily you would endeavour to recollect what might be of service to it and that having run your course with him for more than twenty years and witnessed the part he bore in every great question you would perhaps be able to i some interesting anecdotes i do not refer to your letter as a promise or giving me any manner of claim on you i do not regard it in that and have merely reminded you of it as an apology for the renewal of my request in truth so great is the of the statements which i have received of his life and character and so recent and warm prejudices of his friends and his that i had almost brought my mind to lay aside the project as one too for faithful execution at the present tune but every day and especially every meeting of the convince me that the times require a little discipline which cannot be rendered so interesting in a form as if with the biography of a celebrated man and although i know very many much better qualified to give this discipline than myself i hear of no one who is disposed to do it it is for this reason only that am so disposed mr henry seems to me a good text for a discourse on patriotism and morals the work might be made useful to young men who are just coming forward into life this is the highest point of my expectation nor do i deem the object a trifling one since on these young men the care and safety of the republic must soon as for the prejudices for and against him i shall endeavour to treat the subject with so much as not justly to give offence to any one i think this may be avoided without a sacrifice of truth of this and consequently of the of at this time i shall be better able to judge when the work is finished which i hope it will be this unless the ill health of my again send me a travelling i should feel myself very much indebted to you if during the which i	29
hope you are now enjoying you could make it matter of amusement to yourself i would not wish it otherwise to throw together for my use such incidents touching mr henry as may occur to you i never heard nor saw mr henry and am therefore i letter to ia have a distinct view of tbe peculiarities of his character as a man a and an orator and particularly of the grounds and points of his excellence in the latter aspect it would very much and the to add to it a striking portrait of the characters of the eminent men with whom he acted i am the more especially anxious for a portrait of h lee i understand that he was the great rival of mr henry in eloquence i have heard the late governor page say that he was the superior will this not he adding too much to the which i am already seeking to give you but i you to feel no difficulty in of the whole request as it may suit your convenience if instead of an amusement you think it would be to you i should be much more sensibly obliged to you to decline it altogether than to encounter the trouble since with every wish for the peace and enjoyment of your future life i am dear sir your obedient servant wm the expectation of this life of henry in the course of the year in which this letter was written was not fulfilled the work referred to was not given to the public until several years afterwards had projected a visit with and some other friends to washington during the of to see the lions there and amuse themselves by an intercourse with the of the nation he was however obliged to forego this as it was meant to be and to remain at home with an eye to his business which was now rapidly increasing very much to the benefit of his purse though not in the same degree to the promotion of his comfort in reference to this trip he writes the following letter to january yours of the th my dear friend reached me last night it is undoubtedly an eloquent letter for it put me exactly in the state of the twelve signs of the that surround the of the sleeping at it was a smile and a tear from beginning to end which is better proof of the merit of the letter than if it fitted s square in every part chap opinion of new england it is in to sigh about it go i cannot in ten days more begins our court of and then i have no rest not for a day till au t my scheme of winter s preparation has been a good deal by a spell of sickness from which i am just recovering but i shall not suffer the to pass entirely without t this i suppose will find you in washington i wish you may meet with all the enjoyment you anticipated john has not gone on and to hear him speak was the of project and mine i am very anxious to hear john they tell me that he is an orator and i am curious to hear one for i never yet heard a man who answered the idea i have formed of an orator he has ever been ambitious and i do not doubt that from the time he was seventeen years old he has been training himself most for public speaking he has formed himself i fancy on the model of but the vigour of s mind and that fire which breathed from him were not to be by the bye i think this business of imitation always a of inferiority of genius most frequently an business too since the imitation has generally little other effect than to remind the or reader of the superiority of the original bless you forever and ever wm our new england friends will smile at the account given of their in the following extract from another letter to written i have reason to suppose for it is without date soon after the last and whilst was in washington i need not say that the estimate here made of new england eloquence and character was rather an echo of the absurd prejudices then current in the south than any deliberate opinion of s own we shall find er that no man was either more able or more willing to do full justice to the many virtues of our northern brethren than he in the mean time this sketch of them may be noticed to show to what a different point of the compass the opinion of forty years ago turned upon the topic of this letter from what it does now to f f jf i fear you will find but little amusement in the formal cant of the new i never heard one of them but i ct th i vol l the has at least coloured the picture of the national high enough when in drawing he says mr has a great deal of that kind of eloquence which around the heart without ever entering it the impression which i have received of them is that they are trained like the in the old schools of logic to be equally ready for every subject that they can speak on any one with but that there is no more of feeling nor consequently of expression in them than in the brazen mask which covered the face of the actor in rome with all s to himself with the duties of public station he was ever ready to enter the field of political contest in defence of his friends or the party to which he was attached to both of these he had more than once rendered most effective service and	29
this was acknowledged by the public in the popular approbation which he heard expressed from all quarters and especially from the distinguished men in whose behalf he had he had as we have seen been one of the first to that attempt to produce a in the republican party which in the then recent contest had divided the friends of mr and mr and the letters of one of the people had a very extensive circulation through the state the of those letters although not confessed to the world was every where well known and gave to the writer a conspicuous position in his party an occasion was presented during this summer to bring him once more before the public mr s administration was assailed with great some of the of were in open war against it and political hate had lost none of its nor its industry in the of assault to breast this opposing force of of mr and his friends published a few essays with the title of the these papers were written in a different style from his former political were more free of that ambitious which may be noticed in some portions of the letters of one of the people his object in this change of style was to the public as to the author but the public accustomed to the of his pen were not deceived by the assumed disguise and he became as well known for these essays chap letter to as for the former i hope i shall be prudent some time or other he says in a letter to though i sometimes doubt whether my so much in the papers is an evidence of it i suppose i am to subject myself to some personal reflections in the press for the portrait of i should have no objection to being treated as candidly as he has been but when they lay hold of me they me in a different style but as s said about being called before the governor i didn t care for that p we have in the letters of occasional reflections upon his own career which are particularly adapted to the instruction of the young he seems to have been moved at many periods of his life to record in his letters the results of his experience in the difficulties he had encountered with some conviction that he owed it to the rising generation to warn and guard them against the dangers which that experience had taught him were so greatly to be dreaded these frequent passages in his letters as well as the general scope and aim of his literary may be said to present him somewhat in the character of the friend and of youth a title which i am happy to find has been more than once recognized by the young men of the united states in the formation of societies bearing his name and whose pursuits are directed to the course prescribed by his a few from a letter to mr at the period to which our narrative has arrived will be read as an illustration of these remarks to may mt dear and friend i have indeed great cause of gratitude to heaven i will not say that providence has led me but that in spite of the reluctant and rebellious of my nature it has dragged me from obscurity and vice to respectability and earthly happiness in the short course of my life i can see where i made from which it seems clearly to me that nothing less than a divine hand could ever have raised me but i have been raised and i trust that my feet are now upon a rock yet can i never cease to the years of my youth that i have murdered in idleness and folly i can only fancy with a sigh of unwilling regret the figure which i might have made had i devoted to ko review of the past i gave up to giddy and which now cannot be recalled i have read enough to show me dimly and at a distance the great outline of that scheme of literary conquest which it was once in my power to fill up in detail i have got to the foot of the and see the road which passes over its summit and leads to the promised land but it is too late in life for me i must be content to lay my bones on the hither side and point out the path to my son do not these sentiments either to a weak and or to i know that a good deal may yet be done and i mean as far as i can that it shall be done yet comparatively it will be but a drop in the bucket seven and thirty is rather too late for a man to begin his education more especially when he is by the duties of a profession and in this age of the world when every science covers so much ground by itself what a spur should this reflection be to young men i yet there is scarcely one in ten thousand of them who will understand or believe it as in my case it comes home to the heart when it is too late i now think that i know all the and weak places of my mind i know which of the muscles want tone and vigour and which are beyond the point of health i also think i know what course of early training would have brought them all to perform their proper functions in harmonious concert but now the character of my mind is fixed and as to any change one might as well upon a tailor who has sat upon his shop board until the of his legs are to carry the of a porter or upon a man whose hand is violently shaken with the to split	29
hairs with a such as it is it will probably remain with a little accession perhaps of knowledge you will do me injustice if you infer from what i have said that i am sighing with regret at those distant heights of political honours which lie beyond my reach i do not know whether to consider it as a vice or virtue of my nature but so am i from sighing for political honours that i only for seclusion and tranquillity in which i may enjoy the sweets of domestic and social love raise my faculties by cultivation to their highest point and prepare for that state of future existence to which i know that i am hastening nor should i propose to myself in such solitude to forget what i owe to my country on the contrary i think i could be much more useful in that situation than in one more public and active so strongly are my hopes and wishes fixed on hfe of and peace that if you ever hear of my having entered on a political course you may rely upon it that it is a and heart sacrifice to a sense of public duty i hope and trust that such an emergency is scarcely possible i am sure that it is very improbable because i believe there will always be those who are much better qualified for public offices and certainly ax more anxious for them than i am a t the ain e tm i think our is at chap defects of education present very badly supplied with materials for future and government i cast my eyes over the continent in vain in quest of to our present there seems to me a most miserable and alarming of talents and among the young men of the u s i have sometimes sat down and endeavoured to fill the various offices in the government with characters drawn from who are made known to us either personally or by fame but so far am i from finding among them a man fit for a president that i cannot even find persons fit for the heads of what has become of the talents of the country are they utterly extinct or do they merely slumber and does it require another great like our war to rouse their energies i myself think that it proceeds in a very great degree if not altogether rom education our teachers themselves either want learning or they want the address necessary to excite into vigorous action ihe powers of the mind young men are everywhere turned loose in the various professions with minds half awake and their surface merely a little disturbed with science this is not the way great men have been made either in europe or america as long as this system is pursued we shall never have any thing but political you will no doubt have seen in the public papers the loss we have suffered in the premature death of my wife s father col robert in the full enjoyment of health and strength of uncommon mental and vigour in the active and prosperous pursuit of his business his children all established surrounded by his and an extensive circle of sincere and fervent friends and with the fairest prospects of earthly happiness opening around him on every hand he was suddenly killed on the morning of the th instant by a fall from his horse he was a faithful soldier of the revolution a sincere and zealous christian one of the best of fathers and of men yours wm the last portion of this letter to an event which deprived the society of of one of its best members colonel had served with credit during the war and engaging in commerce soon after its termination had as we have heretofore had occasion to remark a considerable fortune in where he honoured and beloved by all who knew him a letter to ing the benevolence of his character by many acts of kindness and charity to those around him the succeeding letters will show that the occupations of the courts to which some amusing reference is made had not the edge of the writer s literary appetite nor entirely deprived him of the leisure necessary for its indulgence to september my dear friend t received in regular course of mail your favour of the th is really a hard case and i will endeavour it will be irregular to introduce the court of appeals to a more intimate knowledge of it than the records will furnish my ink was rather too thick to write with pleasure so i have it and mended my pen and now sir here s at you i why yes sir as you say it is a pleasant thing to lead the life of a county court lawyer but yet as one of s said when his guardian bully suffered himself to be kicked and called it pleasant t is a pleasure i would as soon be without yet i doubt not that your sum of happiness is as great if not greater than if you were a general court lawyer as the phrase used to be he was born in the neighbourhood of where his father an from scotland possessed a good landed estate at the breaking out of the war he entered the service as a officer having married a miss who had at an early age come with her parents from ireland being connected with the family of the distinguished leader of the irish parliament of the same name col served until the peace and then established himself as a merchant in whence he removed to here he lived in the enjoyment of an elegant hospitality and in intimate association with that circle which was made up of chief justice and his he was in the habit of riding every morning to his counting room	29
from his residence on s hill as it is yet called in he thus met his death april th he was riding at a leisurely pace down one of the streets near the river reading a newspaper and giving but little attention to his horse it happened that some skins were thrown from the upper story of a as he was passing it j his horse took fright started and threw him which produced of the brain and terminated his life in a few hours he was then in his fifty sixth year he left behind him two sons who now are both living in gentlemen esteemed for their personal worth and two daughters witli whose history the reader ib already partially acquainted xviii labours of the lawyer those same returns that you speak of my god does not a man t such times live as much in a minute as in ordinary times he does in an hour or a day these are the breezes of which poets and sing and say that they shake the atmosphere of life and keep it from and i know that your life would be in no danger of or even if you were to live forever at home yet i imagine that there is no man however happy in the circle of his family who does not find himself made more conscious of that happiness and his feelings of enjoyment quickened by these occasional this is the way in which i reconcile myself to them since although not a county court lawyer at this present i am doomed to these as well as you as to the labour and fatigue which you undergo look at the health which you derive from it and the consequent clearness of brain and capacity for happiness besides mark the majestic which you exhibit in spite of all your exercise and consider what a thing you would be if you were as says by when i think of the mountain scenery the fine air the society of in i am convinced that nothing less than my being doomed by my to the life of a wandering would have rolled me through to to and back here again even now i can scarcely persuade myself that i am stationary and should not be at all surprised ten or fifteen years hence if i live so long to find myself in some valley among the mountains of but to return to the life of a county court lawyer sir say you you ought not to wish to return to it i hate a so what i object to it for is the very thing i ought most to the labour to which it subjects one not meaning of k of course curse these i how they puzzle one but the life of a county court lawyer y for as to the fatigue of the mind i do suppose that we are much more oppressed than you are our courts for example have now begun and we have no more from labour not even during the sabbath until about christmas the few last days of december and the month of january belong to us and then from the first of february to the first of july we are slaves again even the intervals between these if we were wise ought to be devoted to preparation for the campaign so that it is literally by playing the that we have a day of rest from our labours now sir think of this and remember that it is on me you would pack the labours of the because you are too busy i much fear the is doomed never to see the light professional labours around me this fall and it will require the most intense application on my part to keep pace even with the progress of my little name this prospect does not me i am oa ancient and modern waves were closing over my head and cutting me off from all tiiat delights me to be buried in law for eight or ten years without the power of opening a book of taste for a single day o horrible horrible most horrible v o for that wealth that would enable me to wander at large through the fields of general literature as whim or feeling might direct for days and weeks and months together and thus to raise and my mind and heart until i became a fit for those brighter fields of light that lie above us do you think that a fellow after and as daniel call says for twenty or thirty years on this earth is fit to go to heaven don t you think he would be perpetually disturbing the inhabitants by putting cases of law and that he would be miserable for the want of a dispute if so well may it be said wo unto you ye lawyers the which wo i think it might be wise in us to interpret and cease from our wicked labours but what can we do ay there s the rub that makes calamity of so long life that makes us rather bear the ills we have than fly to others that we know not of but more of this anon for the present with love to mrs c and your children not forgetting frank adieu i am alone my wife is gone back to s but nevertheless your friend wm to december mr dear friend a bill introduced by to increase the number of judges in the court of appeals has been made the order of this day this measure i apprehend is too important to be disposed of immediately but i consider it as the of all the great measures of the and the signal for debate i would recommend it to you therefore to be here in the course of this	29
week or at all events by sunday i am told that in point of abilities we have a better house now than we have had for several years those who make it so must however be all young men except colonel and of the young men our system of education is too to expect much how little does it resemble a roman i can you conceive any pleasure superior to the enjoyment of hearing a debate on a great public measure conducted by such men as caesar and their that pleasure which so often tasted and of which he has left us such brilliant specimens what stores of knowledge had those men what funds of argument illustration and ornament what powers of persuasion what of what striking and impressive action what articulate and chap letters to yet each speaker marked with a character of his own which distinguished him from all the world the of the god like dignity of how interesting must it have been to listen to caesar and watch the sly operations of that ambition which he must have with so much difficulty i i think it is who tells us that said of caesar that when he saw him his locks with so much care he could not help regarding him with some degree of contempt as a and a but when he heard him speak he trembled for his country v or something to this effect but without going back to rome how little does any house that we have had for some years past resemble the house in which henry richard h lee bland and others were members or the which the constitution or the assembly of in which john of and of were members yet any extraordinary prejudice in favour of antiquity i apprehend that we have never yet by any of our houses matched a roman as a whole the system of education at rome seems to have been such a one as to turn out every young man accomplished at all points for the service of his country and when a young man was of any thing extraordinary he visited and received the instructions of every foreign school distinguished for science or eloquence as we see in the example of and thus extracted and mingled the sweets of every and flower when will our young men ever take these pains for i persuade myself that nothing is necessary but a general exertion a heave together aided by a judicious course of education to make the people of this country equal to any in tiie world ancient or modem in the few instances of eminent exertion which have occurred a weight of mind has been attained which has rarely if ever been surpassed that is to say the exertion has produced the effect which was aimed at knowledge strength but this exertion has never been pointed with such success at the art of public as to bring us near old rome i see in the last number of a remark extracted from s lectures on which seems to me very just he says that our inferiority to the ancient consists not in the substance of what we say but in the manner of it that is in which every thing that relates to the delivery more particularly the and of the voice together with the time as mu call it to this purpose what engines were the public schools of eloquence among the and still more perhaps the of the travelling philosophers from greece i i letters to to the of young men the splendid examples of which those philosophers were every day exhibiting and the of applause with which they were heard compared with such as these how dull and low is every thing we see in this country a upon the of an ash covered negro compared with an on s i am still of the opinion that an well fitted for the office might perform wonders for the young men of this country what might not have done if his enthusiasm had been backed by the genius and eloquence of it is true that philosophy and revelation have taken away the of the roman and philosophers in a very great degree but enough still remain in politics c think of such a man as parson the master of a school of eloquence here i am betrayed into an essay when i only sat down to announce to you that i thought it was time for you to come hither it is well enough however to keep down your expectations and prevent such another disappointment as you experienced last winter at washington some years ago drew a character of in which he accounted for the deficiency of the state by saying that all our talents had gone into what would he be able to tell an observer now who should travel with him from to washington so as to see both houses but enough of this we shall look for you about friday and till we see you i expect also and pope is to be in town at the same time he is full of anticipation remember us to mrs c and give my love to your brothers wm my dear friend to december m your two of the th and th were brought me yesterday morning while at breakfast and although the intelligence that we were not to see you till the th january was a to which i am not yet reconciled i read both your letters but especially the last with unusual pleasure jf jf jf i shall announce your day both to pope and the author of the essays on the united states bank is a very intimate friend of mine and one who is very strongly disposed and chap project of the old bachelor anxious to be equally intimate with you it is richard	29
e the judge s a captain of horse in our em and a nephew of the colonel who fell at he is a fine fellow although there is nothing in him very striking to a stranger as a member of the house he was not popular h e spoke his mind on all occasions without reserve and was constantly treading on somebody s he wanted experience to give him the policy and of a popular speaker but i think his pen promises to be a very fine one he is and is already i think a and graceful writer i he was with me the other evening and i imparted to him our project of a series of moral and literary essays with which he was delighted and agreed to contribute provided i would sit at the to preserve the unity of course and character and alter or reject any thing he should send which did not meet my approbation a circumstance which i mention as marking his modesty and discretion and as giving you my pledge since you do not so well know him that your co responsibility with me will not be increased by such an i mentioned to him that you and frank would contribute and he is very anxious to know you both i will endeavour to have him in when you come down for at present he has gone home to with the scheme and has promised that i shall soon hear from him before he went we agreed for the reasons which i believe i suggested to you the too palpable fiction want of community of character and interests and that the would net do so i have hit upon another the old bachelor of which you will see two numbers by the same mail which carries this i like the plan myself much it gives scope for all sorts of composition and i think the adopted children of the old bachelor will enable us to something of a dramatic interest with the work i shall the young doctor to frank and the young lawyer to you and i will manage the old bachelor and the niece how do you like it and the beginning numbers i wish you to bring down the with you and frank s essay upon doctor rush s opinion about the inferiority of women in the form of a letter addressed to his uncle the old bachelor the of which he will see in the third number it need not have the air of being intended for publication but of being a letter sm t t a i his uncle in the ordinary course of correspondence the old bachelor your story of and affected me almost to tears but they were tears of pleasure you tell it exquisitely and beat both and the original of the story out of sight i shall have it in the old bachelor it will make a brilliant catastrophe to an essay on i am now going to take a which nothing but our old and friendship could justify you have powers of which you do not seem conscious powers which require but a little exertion on your part to them to the public eye in the van of the distinguished men on the continent k you would devote your hours of rest from your profession to science and literature on a bold scale and practise your pen in composition you would soon burst from the shell of your district and take the station for which nature designed you neither nor ever told a story better than your i mention them because i think your pen bears a striking resemblance to their ease and how would it greet my soul to lay hold of your arm and travel with you up the steep to that same temple with the female on its summit with wings expanded and on the last tip toe of flight to speed her news you know me too well to believe these remarks or as fishing for compliments to myself they are from my inmost soul and proceed from an earnest desire to have you all that nature has formed you capable of being i think you owe it too to the memory of the man whose name you bear and who if he had lived to the ordinary stage of life would not have consented to in a comer in obscurity and leave no trace of that name on the rolls of fame when i first knew you about fourteen or fifteen years ago you felt as you ought to do on this subject but i fear that and have almost extinguished the generous spark let us see if we cannot it in the old bachelor i am myself determined at least to spare no exertion for the improvements of the mind i have too long wanted it is late indeed to begin but both and studied after forty that is some o for such a fortune as would give me all my time to spend as i please but since this is vain let us do the best we can and let us endeavour to our countrymen to us the man who could rouse this nation from the and of peace and spur them on to put forth all their would deserve a in the of to morrow tell me that you do not take these amiss and tell me that you take me at my word our love to you all wm chapter xix the old bachelor to it character op the work amusing correspondence between and in reference to it s promotion to the bench the post of attorney general vacant spoken op his thoughts upon it letter to his daughter employed by mr in the case correspondence with mr j in reference to mr and mr the letters given in	29
the chapter have reference to the public of the old bachelor the essays under this title were commenced in november and were continued during the greater part of the succeeding year we have had frequent occasion to notice the strong inclination of s mind for literary enterprise the hope of something honourable to himself in this way his letters show us was the prevailing fancy of his meditations and his dream of the future exercise in literary composition we have remarked also was a prominent in his scheme of self and study the which the reader may remember had employed his leisure a few years ago was more recently by an enterprise of the same kind the publication of some essays under the title of the of which but a few had seen the light before they were abandoned for the better and more mature scheme of the old bachelor the old bachelor reached thirty three numbers it is a series of and essays put together somewhat after the model of the spectator and other works of that class which once obtained such attractive in english literature it is not too much to say of essays that they may be compared without with the best of those of and the old bachelor was originally published in the these papers were vol i j the old bachelor collected in two volumes in which shape they reached a third edition and are now eminently deserving of as a most and agreeable production of american literature in this enterprise was assisted by several gentlemen of virginia amongst whom he seems to have turned with the of valuable aid to his friend and comrade in the of the old bachelor the chief part is borne by dr which was sustained exclusively by the pen of himself and much the largest share of these volumes a letter from in the ninth number i believe is all that was contributed by and alfred were consigned to two young friends dr frank of and e a gentleman who was subsequently a member of the of the united states was furnished by dr of the author of a valuable history of there were some other supplied by judge david of and mr george who has since that period attained to high distinction as a professor of moral philosophy in the university of virginia and as the author of the biography of mr and other works of approved value which have brought him to the acquaintance and esteem of a large number of readers throughout the union there may have been other to the old bachelor whose names have escaped me without the papers which have been supplied by the in the enterprise we may say of those from the pen of that they give the principal attraction to the book they are undoubtedly the best of all his literary and in the perusal of them we are constantly led to repeat our regrets that one so endowed with the most valuable and at the same time pleasant gifts of had not been favoured by fortune with more leisure and opportunity for the cultivation and employment of a talent so to his own fame and so well adapted to benefit his country we have remarked of that his life is peculiarly with materials for the of youth his career is full of wholesome teaching to the young who for the renown of an honourable ambition its difficulties and its chap xix j the old bachelor tions and trials its triumphs ov r many obstacles its rewards both in the self judgment of his own heart and in the success won by patient labour and well directed study and the final of his hopes in an old age not less adorned by the applause of good men than by the serene and cheerful temper inspired by a devout christian faith all these present a type of human progress worthy of the imitation of the young and gifted in which they may find the most powerful towards the accomplishment of the noblest ends of a generous love of fame we may discern in every studied literary effort of his a strong inclination to address himself more to the rising generation than to that which is passing away his letters are full of this purpose his many visions of future ease and enjoyment all seem to derive their attraction from the contemplation of the good he might confer in directing the education aod pursuits of and youth the old bachelor is emphatically the of some hope long vaguely entertained but now furnished with the means and occasion for utterance it is a precious book for the young american reader it in topics to excite his national pride and it points out his road to duty and renown with a delicate and skill and him to the cultivation of the virtues with a charm so potent as almost to convert the rugged and laborious track of discipline into a path of these essays have a peculiar merit from being the rapid and simple of the mind of the author thrown off with unaffected and frequently even without they seem to have been often the suggestions of moments snatched from professional duty and to have been committed to the press whilst yet glowing with the first of composition occasionally we have an essay of the highest finish and full of the impassioned eloquence of the writer but we recognize in the greater part of these papers the of a mind delighted with its task as a and flinging abroad its thoughts like the involuntary of a healthy body without a consciousness of effort or labour s style has often been by judicious critics for its profusion of ornament and too gorgeous display of costume his vi v the old bachelor been charged with too taking the reins from his judgment the of his temperament we must admit not has into his	29
writings a glow which might be reduced in tone without the strength of his style indeed even adding to its vigour and to it a more classic severity but the reader of the old bachelor will find these essays less open to that than perhaps any other of s they seem to be all the better for the haste in which they have been written the young writer is often told by way of in his art to om his manuscript whatever passage has struck him in the composition as being particularly fine always suspect yourself when you what you think fine writing good taste is apt to revolt at the effort to produce what is called effect the essays of dr furnish but few occasions for the application of this in the correspondence which now follows the reader will with no little pleasure the letters between the two friends who have been so frequently introduced into these pages and are here in communion chiefly upon the topics of the old bachelor and the impressions these essays were making upon the public the correspondence also touches another subject in which the friendship of one writer and the modesty of the other are most agreeably illustrated some were about to take place in the arrangement of the of the state and was affectionately that his worthy friend should accept of an appointment to the bench which was likely to be offered to him the letters will show in a most attractive point of view the disinterested and anxious regard with which pressed the acceptance and the amiable self and with which received the appointment when it was finally conferred upon him without further comment upon these pleasant passages between two excellent men i submit to my readers these letters partially asking those who them to keep in mind that they belong to a private confidential correspondence held at a time when the writers in all the hopes of the prime of manhood and spoke to each other in the playful temper of friends who had no secrets in their companionship nor motive to suppress the expression of any the wildest of the glad and jovial spirit which presided over their intimacy chap xix letter from we take up this correspondence with an extract of a letter from which contains an amusing account of a visit he had just made to the seat as the reader is aware of his brother colonel samuel in the neighbourhood of where the old bachelor had been the topic of conversation the work had at this time reached the twelfth or number and the author was still unknown beyond a current suspicion had just returned from where he had been s guest and was therefore supposed to know all about the book he had himself also written in the ninth number which the company at had all read i met there he says in this letter peter minor and his wife minor and my brother peter who all made affectionate inquiries after you yery soon the conversation turned on the old bachelor they seemed to think i must know all about it i observed gravely if you were the author you kept it very close for you denied it to your best friends as to that said old i feel as certain that he wrote the papers as if i had seen him at it i remarked that if you did indeed write them you must have taken very little time about it for that i was with you almost the whole time and saw nothing of it peter minor solved this doubt by saying that he suspected the pieces were all written for many numbers ahead before any were published here my brother peter put in again as to love truth he could not pretend to say but he was certain was not by the old bachelor he could see the pen of q in every line of it the phrases were all his particularly i scorn your words as another proof that it was not by the old bachelor he said there was a warmth and even a in the bachelor s reply in the next number beyond what the occasion called for especially in his remarks on the library for he maintained there was not even a shadow of shown to the bible by he was only the family books and amongst these he gave the bible the first place and mrs g the last all this was nuts to me by the bye my wife is convinced as to the author of you remember i told you i suspected a it of o ti letter to the bed of justice held by and his dame would be apt to betray me it was even so this together with my abuse of which she has often heard firom me before satisfied her frank also had his suspicions but my brother peter him with a voice of authority to february mt dear although rather i take the first twenty minutes i could call my own since the arrival of your letters to acknowledge the favour i enjoyed very highly the scene at the sage of the two and the twisting of your mouth and working of your eyebrows which i discerned as distinctly as if i had been with the old s the old bachelor you perceive begins to show the effect of ace he moves slowly and most horribly the truth is that me court of has begun and the old fellow cannot be expected at his time of life to carry double nothing from yet isn t frank ashamed of himself the of induced me to take an liberty f ith a friend of mine so far as to talk with some of the heads of the lower house but they were all or seemed to smell the business with a sense as cold as is a dead	29
man s nose as i did not choose to commit that same friend on an uncertainty i said no more but it is inconceivable what an alarm the mere su of such a rival produced among the upon the wh e t is all well we are well his wife and co are here would you were with us i i am in a storm of children our love to you and yours dinner is just ready wm had written another paper for the old bachelor a letter from grace he had no recognition of it from his friend and had not yet received the short letter of the th which we have just read v xix the old bachelor from to february mi i take it you are a man of your word a most rare example of a punctual correspondent when we parted your last enforced by a cordial shake of the hand was write often x nearly four weeks gone by and not one line from you i no not a word i on this matter i have supposed it possible that your silence has been caused by that same letter of s it was a hasty overlooked but once and instantly closed and sent off i have no doubt it is a poor thing now i have thought it possible that not finding it to your purpose you have felt reluctant to tell me so and seeing that you could not well write without saying something about it you have been silent k this should be the case as i do not in fact believe it would really me not that the j was rejected but that you should have any difficulty in telling me so could you think so poorly of me aa to suppose for a moment i could not bear the of a of mine i have ventured to let old into the secret i thought it best for not being trusted he felt no restraint and asserted as confidently that you were the author as if he had had the most positive information i was in hopes too he would contribute and he has indeed promised me that he would try his hand frank is still but he promises still to february mt dear i have received your rebuke of the th and would plead guilty to it if i had not written you at least one short letter last monday and had not been so constantly occupied by the court of and by company as to leave me no time for any thing else of the constancy as well as the of these engagements you will be able to form a proper estimate when you discover that i have not been able this week to take even a short on my the old bachelor i acknowledge your goodness in having given me three excellent letters since your departure of that which ol correspondence with scene i have already written it waa a good one i entirely ap prove of your communication since to our brother peter indeed secrecy though i feel its importance now more than ever seems to be impossible joe to whom read imparted it through mistake told me when i secrecy upon him that i resembled the hiding his head while his whole body was exposed to the world f miss grace is i think a of grace but i will take the liberty of telling you that i have seen you in moments of happier inspiration when you could have made more of the than you have done when i wrote you on sunday i had determined to give her to the world without touching one thread of her dress but i think now i will make free enough to alter a little the set of her cap and of her no sir i have no more fear of offending or you by changing or one of your essays than if it were one of my own and as i have taken both these liberties with several of mine so will i take them with yours as often as there shall in my opinion be occasion i beg you to continue the use of your to our brother peter he is a fellow of such various and ample reading and of such just and copious thought and splendid that i should think it impossible for any thing to fall from his pen but what would do credit to the old bachelor i should think he would shine in the department of criticism and of fancy cannot he give us an oriental or tale or an or any thing of that or any other sort the style would perhaps put him more at his ease and it would cost him very little effort i should think to address a letter to doctor c what you tell me of the increasing fame of the old bachelor is calculated in some degree to the that is beginning to creep upon me in relation to the old fellow i very frankly confess to you though i would not do it to every body that i am tired of the project even before i have reached the principal subject education but besides this our courts are now made perpetual and the old bachelor is rather in the way of my business i do not mean by this that i have resolved to drop him altogether but that he will see the light much more rarely than heretofore i am only able to attend to him of nights and these besides the calls of the law are very much at the mercy of visitors to this latter cause it is in a great degree owing that there is no number this week frank is a fellow i had thought him a a lad of metal but i now discover that he is no better than he b	29
has not given me a single line the old bachelor i haye no more time to write now and all this being about the old bachelor does not look as if i was tired of it our love to you and mrs g and children wm mt dear friend from to february with respect to that rebuke of mine as you call it you know i only meant to show you that i was very anxious to hear from you and whenever i give you cause or you take it into your head that i do you shall abuse me in turn and i will say you are welcome brother if it were fifty times as much poor grace i i certainly used her my excuse is that she was done up in too great a hurry alter not only her cap and but asking her pardon you may strip her altogether if you like and dress her to your mind i fear however that the story my old master used to tell his pupils a hundred times of pope and the link boy will be cable to her you knew the old gentleman he on a good story it was our practice to write a latin exercise on a slate and take it to him of a morning if there was any false latin he marked it with a pencil and we had to mend it when it was very bad he sometimes rubbed out the whole then came the old story did you ever hear the story of pope and the link boy no sir i tell it to you pope the poet was a homely little fellow somewhat when any thing surprised him or happened suddenly he had a way of crying out god mend me i one night as he was walking the street he called a link boy a shabby looking dog to light him on his way presently he stumbled and falling cried out god mend me lord sir says the boy you he d better undertake to make two new ones the good old man was so pleased with the wit of the story that the boys generally got off without farther scolding frank is as you say a terrible rascal i tell him so and abuse him he is about ii and about it but when he will be nobody knows correspondence with ll to february mt dear friend i snatch a morning before breakfast to thank you for your favour of the th c c c c c t you must excuse the of miss grace s appearance i am her till i have leisure to play the dressing maid to her but do not be alarmed for her native graces i shall do very little and that little will not the simplicity of her appearance i shall bring her out on a holiday and make the town bred fair blush at her superiority i have several on my hands i mean in my of the old bachelor who me not a little one of them is but i am obliged to his offspring in the birth as monstrous and monstrous you will think them when you learn that they are to be rejected while is to be chosen by the bye we were too hasty in giving that promise for i shall have so much to mend him that i am in relation to him exactly within the rule of pope s link boy yes poor old parson i well know how he could tell the same story with pleasure d ye mind as the scotch irish say over the ridge the way he had of s asking you in a voice rather piano and in if you remembered that beautiful beginning and at the part dropping abruptly into the pulpit well he was a good old fellow and i remember him with even more esteem and affection than i was conscious of feeling for him when living i have another piece from q rather better than the former i have several too from g t two of which you will see in fifteen the letters from and all the rest of the number is s to take the point of the concluding paragraph of o s letter you must read the close of s advertisement in the last he is the professor at william and mary college a capital but one of the most of which is saying a i x x i have received from various quarters the most encouraging evidences of the success of the old bachelor doctor hare who i hope ab he and all his old friends do has been brought back to life and his old constitution by his late having every evidence of health except flesh and strength which he is fast recovering and xix the who desires to be most affectionately remembered to you dr hare writes me that l c is with the old bachelor they in thinking it will be of great service writes that it is doing good to the country and honour to its author judge calls it a most noble and honourable enterprise these things and many more which i hear such that the to the have very much increased in consequence of it not only encourage me to go on but enforce your sentiment that it is a duty and on i shall go as fast and as well as i can for my professional engagements in the meantime you who live in the country must watch and tell me when my readers are getting tired and when they censure either the matter or the manner frank is a rascal and if he does not make haste i will him in the face of that public to whom i have him after seeing what light things we occasionally publish why should the	29
rascal be holding his head so high his did i say he has a head and so has a pin let him take that and put it in his pocket what from don i am why need i tell you what wm to march mt friend our friend has long since informed you in detail wherefore as our says we acted as we did in relation to you last winter i e why we did not act at all the on which we had our eye not having been created there was an end of that project another has now occurred james has resigned the office of judge of the court of appeals and this is for the present a profound secret which everybody knows will resign in the course of the month this two in the court of appeals don t be alarmed it is not that court i am thinking of for you now but those two so as created and to he created must be filled and it is pretty well ascertained will be filled by and to s circuit i suppose will fall heir and i presume you would not have s but what say you to s he says it is a most delightful circuit it in the which county in the of and pope you might easily yourself upon a little and live in and happiness i know it is a heart string snapping sort of business to quit and its would it then be po q sl a i correspondence with u arrange with as to keep the district these things you must think of and arrange as you can there is no division of opinion among your friends here that ought to accept if it shall be an appointment by the because examining the subject with possible calmness we have no doubt of your confirmation by the and of your appointment by the council i have very little fear there is who is almost well and who will be here by the time the appointment is made well there is hare doctor jones who i think will certainly vote for you then you have an equal chance for the rest who are colonel smith w and thus you see your chances will you come in or will you not you see if you are elected that is appointed by the council there will be no occasion for your removal or making any other arrangements until we see whether you shall be confirmed by the assembly and if you should not i suppose it will neither break your leg nor pick your purse materially but should you be confirmed of which i repeat it there is no reasonable ground to doubt why then sir you are an honourable for life in a way to the highest honours of your profession and in fact advanced to within a few of the goal i pray you weigh this matter and be prepared to decide it if you shall be called upon i suppose we shall know the whole result before this month is out or very early in the next i am in a great hurry and so with our love to mrs yourself and children i am as ever your friend wm to march by the bye let me boast a little yet i am more ashamed of showing vanity before you than any other man in the world i persuade myself however that the pleasure which a man feels at the approbation of the great and good is and scarcely deserves so degrading a name as vanity if this point is settled in my favour then i will tell you that r who is just from washington says that the old bachelor has great at head quarters that mr had said sir so i desire that you will pay proper respect to me hereafter that he thought mr w s pen at least ought to redeem us from the of the that there was a an elegance and a something else which b could not remember in bit xix the le him now sir if b did not invent this it is a compliment what makes me most of it is that if there be any thing in my style the points of compliment which e to mr m are not exactly i should have expected is the character of mr m s own style as to mine i have thought it about as as in her attire but enough and too much of me and my i with yesterday de he thinks it as plain as a staff in our favour i have very little doubt of it and advise you to hold yourself ready to take a circuit on the first of april for it will be perhaps a sudden thing about a place of residence in case of your appointment you will see by the range of s circuit that it a variety for it takes in the neighbourhood of and the besides and in the latter place and its neighbourhood there are a variety of beautiful and lots of from twelve to twenty acres where you might raise a profusion of for your horses and cows enjoy the fine prospect of its and picturesque hills and valleys together with the whole of james its falls and port besides the power of our being with each other as long and as often as we please what say you to this and when old h think of that master i q e d aa told the court of appeals now d ye see judge i think this a most capital plan by my as the bishop says for i love to quote my authority always i think judge has a most and as it were melodious sort of a sound to think what we are all to	29
mark the white up turned eyes of us mortals that fall back to gaze on you i tell you again that you can and must and shall stand upon the very summit the the of glory i know it i see it and who shall say me nay your circuit will bring you close to us is only sixteen miles fix m us but thirty c b correspondence with ns between terms this you know is your home but need i tell yoa this i will endeavour to get from a statement of the difficult questions which he has suspended by an together with his authorities notes c and meet you with them somewhere upon your circuit hare and myself count on your making such an impression throughout your circuit this spring and fall that nor cannot tap ye from being con next winter it mil be an awkward thing for you not to know the bar and u awkward for you a judge to carry letters of introduction to the i believe the best plan will be for to send a letter of to some one prominent member of each bar him to you and begging him to introduce his brethren to you and the respectable country gentlemen around the court houses this will answer the purpose without letting you down my watch me that the mail has closed i will take my leisure and write a little more since i have to depend on frank to get this in as a way letter but i cannot write a veiy long letter because i have to finish the nineteenth number of the old bachelor to night i think your remark on s letters is correct the irony is too delicate it is cold yet the pieces have played die deuce with the old bachelor here they are said to be personal attacks and with the co operation of my own number have subjected me to a good deal of ill natured remark as if i were the if such a notion as this were once to get on foot all the benefits intended by the publication would be at an end and therefore i sat down immediately and wrote the number to prevent any such effects i believe it has answered the purpose bat i am very much by this impertinence in applying characters it is much the and most impressive way of yet i never draw a character without somebody or other k it is wrong to draw characters you are partly in for you said to me not long before you left me you must begin presently to draw characters why should not i what right have the to find fault with me if a vicious character fits them as to or throwing stones for pure mischief and i would sooner cut off my right hand but if it is necessary to the purposes of virtue if it is the most interesting mode that i can adopt to expose a vice and render it ridiculous or hateful why should i not do it y f m tou see is to make a book of the old fellow i t much like this way of becoming an author or rather of xix the old bachelor made one without having the fear of it all along before my eyes now most certainly if i had intended to sit down and write a book and become a downright author i should have chosen a subject better calculated to put me up in the ranks one calculated to exhibit the whole of the compass and strength of my mind k i had realized the idea that my good name fame and reputation were at stake i would have taken care to write to the best advantage in rural privacy for instance and only in the happiest moments of inspiration after having by previous meditation exhausted upon it all my shop of thought instead of this i have been on with a loose pen carelessly and without any labour of thinking amidst incessant int and with the s devil at my elbow every half hour me for more copy it is true the probability of the numbers being collected into a was several times mentioned to me and several times passed slightly through my mind but somehow i have not dwelt upon it the idea has not been realized and it seems impossible that any man writing newspaper essays as i am doing can have the feelings or care of a man who sits down with malice to write a book but enough on this tack you will think all this but if you do as tom says in random you will think a d d lie why does not our and well beloved peter sow some of the seeds of immortality in the old bachelor k he does not the old fellow will be under the turf in less than ten years is not frank a rascal does n t he know that he is a rascal has he the face to deny that he is a rascal the fellow s face to be sure is ugly and hard enough for any thing but if he were to deny that he is a rascal he would be no true man i shall take care to put a key to tiie first volume of the old bachelor to let the world know who is meant by and shall publish the letters that i have received from him on this subject in an that the world may know what sort of fellow he is and that i did not make the promise i have given without authority i told you i should not write a long letter and you see i am better than my word but it is past nine o clock and i have yet to finish the nineteenth number grace will	29
be out on tuesday week our love to your household hare is still well adieu wm correspondence with mt dear friend to march l yesterday s mail brought me yours of the d you say my election is i must acknowledge it looks something like it so upon the strength of it i have begun to prepare in earnest is the thought of sticking myself upon the bench standing the shot of every eye and giving it back in speeches but i will screw my courage to the sticking point and with a strong effort drive back the blood which would mount into my face they shall not see the coward heart which within how many men who inward searched have white as milk wear yet upon their front the brow of and frowning i don t know whether this quotation he but you may take it as a for your n h p as to your meeting me on my circuit there are two first it would be a trouble which i cannot consent you should take and second i had rather take a bear by the chin than see in court whilst i was on the bench in my first circuit i will not say my dear that the friendly solicitude and zeal you have shown for me in this affair have surprised me but i will say they have given me the truest pleasure my heart can feel i say that they have raised me in my own esteem for i can never believe that man without merit for whom you have discovered so much friendship to march mt dear friend your stars have at length done you justice the course of glory is opened to you and the goal in full view it is but this instant that h a mischievous old rascal has made my heart sink and turn cold by telling me with the best acted gravity that t was elected he relieved me however in two or three minutes after i was semi i understand that you had five out of six of the council in your favour this is glorious i drink your health in a at dinner and hail you as judge now how busy busy will your xix correspondence with be as you ride home how will the plans and schemes the airy tower to out these operations h says he be if you shall come to he says you el buy a small farm in the country where with six or seven you can maintain your family keep your children in health and save your salary wholly the suggestion brought a very beautiful and valuable place as represented to me in in full view it belongs to a man by the name of has an admirable piece of meadow on it and a most excellent nay beautiful house with all necessary offices i should have bought it myself last summer but hare and others persuaded me i had no business with a farm this place lies within two miles of pope s and i think will cost you seven or eight thousand dollars at the outside of which only two or three thousand i think were required in cash you can buy aa place and stock it without your salary or absorbing capital of which we talked when you w re here you can make your farm a source of profit as well as of and i doubt not that if you provide the first payment the will be easily met by the agricultural profits and the interest of your remaining capital so as to leave that capital itself whole and enable you to lay up and save every cent of your salary think of the of ten years on this scale while fame ia also the prospect is delightful you see i have done justice to this scheme of h s he went further and contrasted the consequences of a residence in and although his argument the plan which z would have prescribed for you meaning my self yet i confess he staggered me in relation to your interests these things however we can examine before the shall meet i think i can see your broad grin before you get within a hundred and fifty yards of your house these are precious feelings once more god bless you your friend wm to april mt dear c i was honoured mark me sir i say honoured for i felt the honour most sensibly by a letter from your wife by the last mail one for you by the bye she calls herself my friend therein and i would not give that declaration i i ss of you he fellows that ever were bom i tell you sir the word made my heart and i thought i was somebody o there is something in the friendship of one of those souls of heavenly mould that makes all the earth vanish in my view confound it was there ever a fellow so much disappointed i was so much transported with this imagination of friendship that thinking it too much i have turned to her short note and instead of friend find it yours with great esteem how came the idea into my head no matter yours with great esteem is good but how much greater and less happy does it make me than your friend says your dignity j what nonsense well sir and there as george hay told is a for you now sir as i am told you can t receive your own letter from your wife until after this you shall have the whole of hers to me and so i it upon your special promise to return it again and so as i was saying thinks i would it not be pleasing to mrs c to let her know i have received her husband s letter and that it is	29
i was now gliding with a fair breeze and flowing sail and thus keep myself clear by many a league both of land and water chap xix the attorney and of those dark and rough storms which are perpetually and into foam the political i saw by the experience of others i told you the treatment which i should experience and could anticipate almost with certainty the topics of abuse and which i should be all this was certainly prudence and sound sense perhaps a little too for a hero but nevertheless sensible and as old james said when he threw up the ace king and queen of at loo one cannot be too well after this discreet rational philosophic talk which i remember satisfied you perfectly at the time if i might judge by silence looks and of assent the next thing you hear from me is that i am red hot hissing hot for a plunge into that what are you to think of such a man does such light and a man of sufficient to breast the of that stormy sea and hold on upon his course does it become a man who would be a was i not deceiving both myself and you when i thought myself and was i not merely preparing a fund of consolation for political obscurity and providing without being conscious of it for a walk which i could not avoid through the humble of life for that track for which alone so much and caprice show that i am fitted or have fame and distinction charms which no man however resolved can resist on whom they please to look or have i mistaken ray own particular character and has there been all along a fund of ambition in my breast which required but the match to be pointed towards it to blow up and betray itself and that too when it was too late to do any thing but betray itself now i say that so far from being ready to give me satisfaction in these particulars your head is by this time pretty much in the state of my uncle s on a certain occasion which shall be nameless but what is the use of ourselves with speculations on this subject the fact is so the cat is out of the bag and what odds does it make how she came in it very true but is so weak and silly a thing that a man would much rather the in an and speculation about its cause than to stand stock still like a and brave his steady gaze talks very happily of delight by exploring its cause f why may not a man borrow a hint from that thought and endeavour to be contempt by exploring its cause i am not certain of the accuracy of the but i shall not stop my pen to examine it for if i do i may have to blot out and i hate a and blotted letter so here we go now sir let me tell you that i did not like ai a letter to attorney general of the united states the retort was not a far one you are in office snug and safe and therefore were fair and lawful game whereas i was only in a state of as with a pretty fair prospect of a disappointment before me sir you were not only s beautiful sentiment of breaking a jest in the sacred presence of sorrow but were breaking your jest on that very sorrow itself making it the theme and butt as it were of merriment as to you i do not hear man woman or child whisper the or the faintest whisper as the case may be as our form books tell us of a doubt of your being confirmed not meaning that our form books tell us of a doubt for that would be to disregard the through mere and levity of head than which there cannot be a greater misfortune to a judge except indeed the of the same member if indeed it be a member as i should suppose it not only was but also the head and chief of members lo i am lost but to come back to you as the point says there is no more doubt of your confirmation than chalk s like cheese or than any thing in the world so you see you are safe enough i shall call at pope s as i go down about the th see whether the treaty is signed examine the site and give you my opinion now this puts me in mind of myself again for why should i wish to be going from when you are coming so near it ay why should i what is there in the rough hot and desolate hills of washington or in its winter rains mud and that could me for all those pure pleasures of the heart i should lose in such a vicinity no since we have spent our youth and manhood together thus far my wish is to go down the hill hand in hand and sleep together at its foot how was pope s dying sentiment to his situation there is nothing in life that is worth a thought but friendship we both know that there is another sentiment of still greater value yet they are both requisite to the harmony of the piece love is the tenor of life s music and friendship its bass so i will stay at as at present advised i think that if he would accept ought to have the appointment j t i am told would not we conjecture here will receive it if it should be i know but little of him he had the reputation when i was at school of being the most eloquent young lawyer in his foreign	29
service especially at this particular of our foreign might make him a useful member of the cabinet i cannot help thinking that there is something little in this of the o i in the union by of chap xix the attorney place it may do in tide and mail but were i a president and forming a cabinet who were to assist me in my vast responsibility i would be no more governed by residence than i would by the colour of a man s hair i would indeed regard it but i would first be very sure that the were i give you this as an abstract principle and not as one would at all contribute to my promotion as to myself i hope you will believe me sincere when i tell you that i should think walter jones a selection i say not this as a compliment from you my friend for i know your partiality but because i am in earnest and because i wish to an of which i was shocked to find my remark on the other side that the principle of choosing by superior capacity would lead to my appointment this is an awkward scrape i have got myself into so i will get out of it as fast as i can i wish to heaven i could have gone over with but i had a mountain of business to prepare for the fall the old bachelor you see suffers by my engagements i have not had time or the temper since the summer commenced to please even myself much less others by an essay mrs c and the judge join in affectionate god bless you wm it is scarcely necessary to remind the reader that mr succeeded to the attorney in december of this year and that s accession to this post was only deferred until the succeed ing administration at washington found occasion for his services passing from these topics the reader will be pleased with the glimpse which the next letter affords into the privacy of domestic life and the affectionate solicitude with which the subject of our devoted himself to the education of his children his eldest daughter was now eight years of age he has already marked out her course of study and his aim is to awaken her mind to a perception of the value of the discipline he to that end this letter is addressed to her in language of such plain and simple almost in words of single as may reach the comprehension of a child but at the same time wrought witli admirable skill into a moral lesson of exquisite beauty vol i t letter to his daughter there is nothing amongst mr s productions more pleasantly of himself than this letter to his child to h september my dear i would have answered your letter sooner but that my courts and my hardly leave me time to write to your dear mother to whom of all other earthly creatures you and i owe our first duties but i have not loved you the less for not writing to you on the contrary i have been thinking of you with the greatest affection and praying for you on my knees night and morning begging of god that he would bless you with health and happiness and you an ornament to your sex and a blessing to your parents but we must not be like the man that prayed to to help his wagon out of the mud and was too lazy to try to help himself no we must be thoughtful try our very best to learn our books and to be good and then if we call upon our father in heaven he will help us i am very glad your latin grammar is becoming easier to you it will be more and more so the more you give your whole mind to it god has been very kind in blessing you with a sound understanding and it would be sinful in you to neglect such a great blessing and suffer your mind to go to ruin instead of improving it by study and making it beautiful as well as useful to yourself and others it would be almost as bad as it would be for uncle to be so lazy himself and to suffer his to be so lazy as to let his rich low grounds run up all in weeds instead of com and so have no bread to give his family and let them all starve and die now your mind is as rich as uncle s low grounds and all that your mother and father ask of you is that you will not be so idle as to let it run to weeds but that you will be industrious and and so your mind will bring a fine crop of fruits and flowers suppose there was a nest of beautiful young birds so young that they could not fly and help themselves and they were opening their mouths and crying for something to eat and drink and their parents would not bring them any thing but were to let them cry on from morning till night till they starved and died would not they be very wicked parents now your mind is this nest full of beautiful little singing birds much more beautiful and melodious than any birds in the world and there sits and reason and memory and judgment all with their little heads thrust forward out of the nest and crying as hard as they can for something to eat and drink will you not love your father and mother for trying to feed them with books and learning the only kind of meat chap xix proper mental culture and drink they love and without which those sweet little most in a few years hang their	29
heads and die nay will you not do your very best to help your father and mother to feed them that they may grow up get a full suit of fine glossy feathers and cheer the house with their songs and moreover would it not be very wrong to feed some of them only and let the rest starve you are very fond when you get a new story book of running through it as u t as you can just for the sake of knowing what happened to this one and that one in doing this you are only feeding one of the four birds i have mentioned that is which to be sure is the singer among them and will please you most while you are young but while you are thus feeding and fancy reason memory and judgment are starving and yet by and bye you will think their notes much softer and sweeter than those of fancy although not so loud and wild and varied therefore you ought to feed those other birds too they eat a great deal slower than fancy they require the to be in a mortar before they can get any food from them that is when you read a pretty story you must not gallop over it as fast as you can just to learn what happened but you must stop every now and then and consider why one of the persons you are reading of is so much beloved and another so much hated this sort of consideration pounds the in a mortar and reason and judgment then you must determine that you will not forget that story but that you will try to remember every part of it that you may shape your own conduct by it doing those good actions which the story has told you will make people love you and avoiding those evil ones which you find will make them hate you this is feeding memory and judgment both at once memory too is remarkably fond of a hit of latin grammar and though the food is hard to come at yet the sweet little bird must not starve the rest of them could do nothing without her for if she was to die they would never sing again at least not sweetly your affectionate father wm we have seen that almost from the first moments of mr s acquaintance with mr a friendly intercourse had grown up between them which had gradually into the most cordial esteem and confidence it was this sentiment on the part of mr which led him to employ his young friend in the of he subsequently engaged him as his private counsel in various matters which required legal advice after his retirement from the he had more than once been annoyed by suits which were more properly the care of the t w si cl the case attempts were made to hold him responsible in his own person for acts done in the coarse of his public administration of this character was the suit brought against him in by mr edward which was now for trial in the circuit court of the united states at this case is well known to the legal profession as the case which in its progress occupied a considerable share of the public attention and not confined to the courts produced a very learned and elaborate between the two distinguished parties to the cause new was the theatre of the great excitement to which the incidents belonging to this had given rise the new beach formed by the of the upon every annual flood had been claimed by the of the adjacent bank as legal to their own possessions mr being one of these of valuable lots in the city had asserted his claim in and to new soil coming within this description of increase by he had done this to the discontent of many persons in new who apprehended from certain works constructed by him upon the beach or as it was called serious injury to the harbour the of the general government was demanded in the matter upon the ground that the and beds of rivers were under its special protection great prevailed in the city against mr were threatened and the grand jury had presented the new structure on the beach as a nuisance in response to the application to the government mr had directed the in the employ of mr to be driven off the ground which order was finally enforced this was done in opposition to the judgment of a local court which had in favour of mr the consequence of these proceedings was as has been already stated a suit against mr for a mr mr hay and mr were employed as his counsel and were furnished with full notes of the merits of the the case however never reached a discussion of the merits of the chief questions between the parties it was dismissed after argument mr appearing for the upon the opinion of judges and that the court in virginia not take chap xix letter from mr of a committed on lands in this sudden termination of the case seemed to be equally unsatisfactory to both parties who had made such ample preparation for the main battle as not willingly to be reconciled to give it up the was therefore resumed with pen and ink and a vast amount of learning by a due of sarcasm wit and was upon the subject very much to the of and of forever with this proceeding we have a correspondence between mr and mr upon a subject of more general interest as connected with the political history of the past the lapse of thirty seven years has this correspondence of its private and confidential character and may now be opened to the public without any apprehension of comment the editor of	29
the in philadelphia who had been a most effective of mr s administration had lost much ground with the republican party by his assault upon mr and mr during the in which the former of these gentlemen had succeeded to the chief the consequence of this was a sensible of the means to sustain his paper the government organ in those days had not that secret mine of treasure which the experience of our time has found in the patronage of the ruling party was in distress and needed additional support in this strait he applied to mr in the hope that by his recommendation the list of the would be enlarged and the republican party be induced to contribute what might be found necessary how this application will be seen in the from the few letters to which i have referred from mr to mr march dear sir mr has written to you on the situation of the editor of the and our desire to support him this paper has unquestionably rendered services to through all its struggles with the and correspondence with mr been the point for the of the whole union il was our comfort in days and is still performing the office of a watchful we should be ungrateful to desert him and to our own interests to lose him still i am sensible and i hope others are so too that one of his late attacks is as as it is injurious to the republican cause i mean that on mr than whom there is no truer man and who after the president is the ark of our safety i have thought it material that the editor should understand that that attack has no part in the motives for what we may do for him that we do not thereby make ourselves against mr but while we differ from him on that subject we retain a just sense of all his other services and will not be wanting as far as we can aid him for this purpose i have written him the enclosed answer to his letter which i send for your perusal on supposition that you in tiie sentiment and would be he should the service you may be able to render him as an encouragement to proceed in the mischievous undertaking of writing down mr be so good as to return the paper when read and to be assured of my sincere and constant attachment and respect thomas to thomas april dear sir i have your by the last mail and will attend to them with much pleasure if any thing could be done for colonel d here it would be by showing the copy of your letter to him i shall retain it for another mail that i may receive your directions as to making use of it or not you may rely upon it that d s name has no magic in it here he is considered as the foe of mr and the here have no sympathy with any man who carries opposition colours whether or the distinction which you made between the past fidelity and present of the is just liberal and and the sentiment might perhaps be spread by the of your letter i have made one experiment to day without it the answer was that d could not want friends since his alliance with the s s by the next mail i shall have satisfied myself as to the possibility of my doing any thing without the aid of your letter with respectful affection your friend and servant wm chap xix correspondence with mr to thomas april e r sir the copy of your letter to d has been shown to one person only with the use of that letter something important might be done for d in spite of the adverse spirit or at least distrust which the and character of his paper has lately excited in relation to mr but his three or four last papers contain such insulting in relation to mr that i think it very whether even your letter would not be too late had i been permitted to show it the paper is regarded now as an opposition one in what other light can it be regarded when it the president as being so perfectly the tool of mr as to have descended from the of a gentleman in relation to mr s and played him a shabby trick i f f h can charity or require us longer to to this man can he consider it as persecution to desert him after he has abandoned his cause the people and the president and has begun to strain every nerve to bring them into contempt i think he has for some time required a lesson on the subject of modesty which the people will now give f t every gentleman who this subject in my hearing speaks with the warmest resentment against d believe me it is impossible to do any thing for him here now and any further attempt would only me from rendering any service to the cause hereafter it is the of serving him produced by his own conduct as well as the i feel it would be of my sentiments for mr that prevent me from proceeding i return the copy of mr d s letter to you and yours to him and beg you to be assured of my respectful and affectionate devotion wm thomas to william may dear sir the interest you were so kind as to take at my request in the case of and the communication to you of my first letter to correspondence with mr him you to a of the second which will probably be the last i have ventured to quote your letter in it without giving your name and even softening some of its expressions respecting him it is possible may be as to mr	29
the more as they were directed in some notable cases against women who were forced to submit to the most shocking from a the particulars of this of the rules of civilized warfare are yet fresh in the memory of that region and obtained at the time a prominent amongst the most events of the war it may be imagined that such incidents aroused a universal feeling of anxiety everywhere over the district within the supposed reach of the power of the and kept the people of the country in a c state oi feverish expectation of the probability of fresh the of the interior were always prepared for a summons to the coast companies were everywhere formed and the stir and show and apparatus of war became the most familiar objects to all classes of the population with all the and uneasy apprehension which to such a state of things there was also a certain degree of intense and pleasant excitement which was greatly by the younger and mare portions of the community the preparations for camp life and the occasional experience of it the expectation of service which was ever present to those selected for duty the array seen in every town the music the the daily parade the rapid muster and of men the frequent marching of to threatened points the performance of garrison duly the brotherhood and companionship of military life its adventures its stories its comic as well as serious incidents all this under the pleasant skies of a mild season of the year without the and sufferings of a severe campaign not far from home and consequently within the reach of abundant food and shelter gave a kind of holiday attraction to the period which as i have remarked rendered the war to the great mass of those who were most familiar with these scenes rather a pleasant change from the monotony of ordinary quiet life was one of the of this excitement near enough to be threatened with invasion yet remote to be guarded against sudden surprise during the two years of the war therefore she may be said some exceptions to have found in the agitation of the public events an agreeable supply of novelty to feed that appetite for news which was scarcely less characteristic of the in the days of than of our own people in the time to which i have referred which indeed has suffered no since was at this time at the head of his profession enjoying a full share of its and the war was now at his door the military of which was strong enough then to take him if occasion offered to canada was now somewhat tempered by the of professional and domestic duties the idea of the was not revived canada was committed to other hands and all those dreams of martial glory which had once his younger imagination were into a sensible resolve to do his duty at home as a citizen soldier when called upon and to transfer a commission his aspirations after warlike renown to those whom fortune had not yet with a better reputation some intimation was given to mr by a that would still accept a commission in the army this led him to write to the president a letter declining such an appointment in which he stated that however strong the desire to enter the service of the country the situation of his private would not permit it as he was such a step would be a sacrifice not called for by the posture of the country and wholly with his duties to his thus a purpose which he had a few years before cherished with so much zeal he was now content to take his part in the scenes around him in whatever manner he might be able to make himself useful a portion of the british had at one time in ascended the james as high as city point and thereby aroused the capital to a vivid apprehension of an attack at this juncture raised a corps of flying which consisting of the material of the country was under his command brought into an excellent state of discipline and alas without an opportunity as we may say without it fortunately turned out to their own or their leader s before the enemy survived the many attacks which were threatened without being made and was favoured with the most satisfactory opportunities short of to her patriotism and public spirit thus be it ever in all future wars i the of our which has worked such miracles upon the bloody fields of was not less confided in in the war of though exposed at that time to a much before the soldiers of that the exploits of the of that day were not so brilliant as those of the latter period we may attribute not less to the character of the army itself than to that of the enemy each has had to encounter the of were gathered from the general mass of the population more by the common sense of duty in the crisis than by any for military adventure they included therefore citizens of all ranks and pursuits taken from the very midst of their chap xx and business with all the and concerns of domestic life yet strongly their care and protection they repaired to the field not from choice so much as from a sense of eminent necessity the temporary sacrifice of their time and service the of on the contrary were the picked men of the nation who themselves to a service more than a thousand miles m home went to it under the strong impulse of adventure and love of martial life they consisted of the young the ardent and the brave who for the time all domestic pursuits and marched to the field animated by the hope of distinction and from all civil cares and	29
engagements thus fortified by resolve stimulated by love of the profession cheered by loud of friends by domestic solicitude and filled with the and courage of the national character they more resemble the chivalry which a few centuries ago assembled around de or de in their upon the fields of italy than they do any army of modem times the skill concert impetuous and labour of their will be the theme of from military critics in centuries to come whilst the brilliancy of their over such numbers and the rapidity of their conquest of the of will be regarded as the of the age in which they were achieved the of the regular army on the canada frontier in the war of will suffer nothing in the comparison with those of the latter period the won by the youthful general at and s lane will retain a as fresh as those which the same chief has plucked in his elder day upon the plains of s professional engagements had now so multiplied upon his hands as nearly to all his time and the reputation following his success seems to have so fur gratified his ambition as in a great degree to his literary projects or at least to them to few and efforts the old bachelor the greater part of which had been completed in the year through all the following year and after a slight endeavour towards a revival was finally disposed of in the life of henry too was vol i v life of henry found to be an enterprise of less promise than at first it seemed we shall have occasion hereafter to notice the of this task and how weary the author became of it in a letter from mr to him upon this subject the farmer expresses a difficulty in regard to the collection and the publication of facts respecting henry which had already felt in answer to this letter remarks i despair of the subject it has been continually sinking under me the truth perhaps cannot be published by me during my life i propose at present to prepare it and leave the manuscript with my family i still think it a useful subject and one which may be wrought not only into lessons on eloquence but on the superiority of solid and practical parts over the transient and gaudy show of occasion i wish only it had been convenient to you to enable me to illustrate and adorn my theme by a short portrait of mr henry s most prominent i may notice here as some reference to the event will be made in the course of this narrative that had in the last week of the year the day after christmas been visited by a calamity of overwhelming horror in the burning of the theatre during a performance which had attracted to the house an unusual crowd of the most cherished members of the society of the city between sixty and a hundred persons were burnt up in the amongst these were the governor of the state george w smith mr the president of the bank of virginia mr the gentleman whom we have seen engaged as one of the counsel of the wife of this gentleman and his niece with many other ladies most to the community of young and aged were also in this awful catastrophe was in mourning with scarce a family in it that had not suffered some so melancholy a disaster we may suppose would leave its traces upon the character of the city for many years it was long before resumed that cheerful and careless tone of social enjoyment for which it was previously distinguished i find a manuscript reference to this sad event amongst the papers of mr in which he has detailed some of the particulars attending the xx appointed the letters some interesting particulars of personal history making occasional to the incidents of the war and presenting some few evidences of the literary aspirations rather than labours of the writer they furnish besides agreeable pictures of the contentment and cheerfulness which attend a prosperous life the of judge to the bench by the governor and council required the of the in this proceeding in the of an opposition was got up against the judge sufficiently strong to defeat him during the year in which he had served on the bench it was universally admitted that entire was given to the public that in fact the office was administered with distinguished ability the opposition is said to have arisen out of objections of a purely local character which touched what was supposed to be the claims of other persons it is said that acknowledging the judge s merits and with a special purpose to retain him in the the created new district of which was the seat of justice and bestowed the appointment to it upon him this appointment he promptly accepted it compelled him to change his residence from to the change seems to have gone hard with him for some time to one of his genial temper and love of domestic associations such a breaking up of settled habits and separation from familiar faces was rather a severe tax upon his affections this will explain the occasion of the next letter death of the governor i extract a few passages the fatal night of his death says this record he had taken his wife and one of his sons about nine or ten years old to the play at the cry of fire he led mrs smith into the box and that he had left his little son behind in the box he told her to remain there until he stepped back for tho boy it was her wish to do so but the pressure of the crowd bore her away when the governor returned his wife was not to be seen he hastened	29
down with the boy and having placed him in safety on the outside of the door returned it is supposed to look for his wife in the meantime she after having been pressed to and fro by the waving motion of the multitude was fortunately driven near a window just at the time when the word was given to break down the windows and through this by a leap of twelve or fifteen feet she made her escape without other injury than a ankle and the which she received from the pressure of the crowd her husband unable to find her perished in the generous and pious pursuit letter to i to judge co mt dear friend e e e e e e e and myself went down at the be of the month to attend the court of appeals where large packet of other letters i found your affecting favour from which i read to him as i had been all the summer absent from and had then but a few days to stay with the court of appeals for whom i had also to prepare my statements c i could find no time to answer you from that city to for it i seize the first hour of composure here to with you i need not tell you that i enter into your situation and feelings yet i who have been torn so often from and friends and forced to make new among strangers should not have felt the change on my own account so i know that the first pangs on these occasions are all that we have to endure nature soon us to every change a soft and not melancholy from a remembrance of uie past now and then in the pauses of business and social intercourse but from circumstances and situations apparently the most and hopeless the great us to extract not merely consolation but amusement and happiness we become acquainted with new characters whose divert us whose intellectual and resources interest and instruct us whose amiable qualities and kind offers warm and attach our hearts a difference of manners may keep us asunder for a time like the negative and positive of bodies differently charged but intercourse produces an and instead of we begin to attract or if we neither acquire the manners of those among whom we live nor communicate our own to them yet their peculiarities soon become so familiar to us that we are not conscious of them but look at once through them to the heart and mind of the person e e e e e e now why can we not put a little philosophical force upon ourselves and anticipate at once those which we are sure nature will ultimately bring about by this course we shall avoid the painful interval between the first and the accommodation of habit for example if giving way to this we hold off shy and aloof we shall equal shyness on the other hand and the interval of indifference may be a very long one if it does not end in a fixed and mutual aversion if on the other hand in instances in which established character or our own of xx letters to the individual it we at once break through our prejudices and force a familiarity and intimacy we those same qualities in strangers towards ourselves who have also their prejudices against us to and thus like scott s at one brave bound the we clear c c which c hath much learning in it why may you not form new there i must be candid enough to tell you that i feel some jealousy at this suggestion myself and do not want you to love any new friend quite so well as i hope you do me and as i certainly do you it is my therefore or the nobler side of my friendship that suggests this consolation to you for those friends from whom you have been separated against these suggestions you may urge the common opinion that ardent friendship cannot be formed at your advanced state of life to be sure i cannot reason on this point you must go to some one older than me but then i am informed by books of men nearly as old as yourself who have formed the warmest for example there was who at the age of seventy contracted a most vehement friendship for alexander pope then only sixteen years of age which lasted through life that is through s life and pope himself when sixty contracted a similar friendship for ei might be easily multiplied to show the physical possibility of such friendship i have myself formed the most sincere and disinterested friendship for at least two men old enough to my years and i am convinced that i shall have for frank who you know is a member of my family now as warm a friendship as rf he were my brother this of age seems to be necessary to bring about that equality which in some way or other must be the basis of friendship where equality of years is wanting the must be rendered equal in some other way for instance one brings youth and genius into the the other age and character perhaps a better though a less artificial solution of it is that the one or the other must be inexperienced and the other conscious of his own purity two old men do not form these aware of the exterior of characters they cannot trust each other f fortunately for you the tooth ache has stopped this lecture your friend wm did not receive this letter until it was brought to him enclosed in the following u letter to judge to judge march very well sir and abuse me as much as you please throw my letter away and say that i have delayed writing till	29
all the grace of the act is gone that now you have become acquainted in and happy in your new acquaintance so as no longer to require the cheering letters of your old friends i for the first time begin to write that when you wished me to write i would not and that when you no longer wish me to write or care for my writing i you with my letters that i have played by you as a friend pretty much such a part as johnson says played by him as a patron is not a patron my lord one who sees his struggling in water above his depth without going to his relief and when he has reached the shore him with his needless assistance this is the thought i pretend not to quote his words well have you got cool now read the enclosed which i do assure you was written when and where it you sec then how well inclined i was to have done my duty promptly towards you the necessity of my hurrying down to where the court and the court of appeals were sitting together the manner in which i have been kept under the lash by the court of appeals until about ten days ago the circumstance of my being in the nineteenth regiment which has been called on duty and placed on the war establishment not having been discharged until last saturday and the anxieties by the vicinity of the british the uncertainty of their plans and the condition of the state have in succession held me in vile me for that sweet correspondence with you which i so much enjoy in peace and ease come come let your give way let your crest fall let the angry blood in your cheeks retire let your cheeks themselves and do not look quite so much like when he so so now we are as we were and i will mend my pen know the under similar circumstances cried halt a little while i a o sir john certainly for which i thank him the more fool he the more fortunate we he might with the three thousand which he is said to be able to from his ships without their defence too much have battered and burnt down our cities of and there are several in the letters to this phrase of can s which seems to have been the limit to which his kind nature would allow him to go in the way of chap xx writes a comedy have our banks and our and the of the nation he has waited so long that now we do not fear him while we by no means feel ourselves so secure as to lay aside our caution the old bachelor is in the s hands at and is waiting only for a few additional numbers which i have not yet had time to so that you see we are likely to float together the of time as says did you never see two or three tobacco worms swept along by the little torrent produced by a sudden shower of rain swept along with all their treasures and crawling out half drowned twenty or thirty yards below shall our book have a longer race or we a more honourable catastrophe now sir your private ear i have a sentimental drama la nearly finished which will be quite finished spring or early in the summer i think tolerably well of it green and who saw three acts of it in the crude first draught of it judge the only other person who has seen it declared himself highly gratified by the perusal the players are anxious to get it from me i had promised to give it when finished to green s daughter who poor girl perished in the theatre but before it leaves my possession i am determined to submit it when completed to you and to be decided by your judgment as to its fate because i know you love me too well either to flatter or spare me where my character for is concerned i want to know your opinion now whether if the work itself be good the circumstance of its being a play is likely to do me any injury with the world either as a man of business or as a man pretending to any dignity of character on this point i am for example how would it act on the character of such men as or or or or to have it known of them that they had been engaged in so light and idle a business as writing a play will you weigh this question thoroughly at one moment think it would let them down at another it would give spirit and relief to the greatness of their characters that is supposing the play to have been a very good one talking of what if i do hold my head high tut a boy i a boy a mere boy so no more our love to you all wm we have not judge s answer to the questions in the last of this letter but from the correspondence with letter from judge ia judge to whom the same questions seem to have been addressed the letter of to him has not been preserved i am enabled to present my reader with a reply quite worthy of preservation you ask says the judge how far a discovery that you have entered the dramatic lists may affect your professional character and the have been too little cultivated in america or cultivated too little success by their to enable us to judge the author of was i think a lawyer that poem rather raised the opinion of his talents it is entitled in my opinion to the first place in the american talent for poetry	29
s conquest of seems to have advanced him in his own quarter of the union at least he was young when he wrote it and he now fills the chair of taste and as well as genius and religion in new england the aid of washington ventured to display his poetical talent almost as soon as the war was ended his pieces were well received and he has been a foreign minister or something of the sort has come forth in poetry from milton and the author of the his character i think has not been advanced by it yet we now see him as an abroad should he fail in his i shall not be surprised to hear it said it might have been predicted from his poem was too little known and too little for his i believe that was the name of his play either to raise or lower him these are all the instances that occur to me where the have been in america by persons of any professional standing my apprehension is that a taste for the es including under that description dramatic poetry as well as all others is very low in america generally that even though any such production should please for the moment or continue to please a little longer than a moment it does not constitute any thing in the public eye nor advance the author in the public estimation hut may have the contrary effect to apply this to a man of any profession if the author be a person who has inspired an exalted opinion of his talents and the poem be given to the world in such a manner as to appear merely as a d the of a leisure moment and without any view to profit or or chap xx the comedy an offering at the shrine of party i think in such a case the public would regard it and as an evidence of a variety of genius and talent capable of beyond the professional walk if there be nothing in the composition itself below the standard of the previous public opinion of the author s talents it will be not only well received but will advance him in the general estimation as a man of happy genius such a man will like win the approbation of those who have taste to admire and those who want it will pretend to admire he therefore runs but little risk these are the opinions of a competent critic in we may smile at the sober earnestness of the question and the gravity of ihe answer that this should be even a point at that day would seem to argue that as yet there was no literary public in the united states at least no adequate appreciation of literary talent that dr johnson might write a tragedy or delight in witty and not lose caste in church or state we may infer was a problem to excite the special wonder of the anxious literary of the generation of we have seen that was not to be in the career of his humour by these doubts for he had already some glaring in prose and was now actually meditating a comedy this comedy which it appears he was some two years at work upon still amongst his i find various comments upon it in the letters of his friends at this period especially in those from judge it was called the path of pleasure but was never published nor from a secret consciousness i would infer in the writer that it might not safely pass the ordeal of public judgment was a better critic than his friends and most likely upon deliberate review after the of composition had subsided came to a determination not to the hazard of that which in the matter of a theatrical exhibition is the most painful of all to which an author can be exposed whatever ground there may be to question how far professional success may be able to stand with the of elegant there can be little room for debate upon the point that no professional man may very safely commit his reputation to the ordeal of facing the of a play that has been damned i do not say that this would have been the fate of the po dramatic literature of pleasure if it had been submitted to the trial but public judgment is very uncertain and himself does not seem to have had confidence enough in his production to be willing to challenge a sentence dramatic writing is of all literary composition the most di and a good comedy is the highest product in this art we have a dozen respectable for one comedy of the same grade to paint character by dialogue with the requisite wit and to the story which comedy requires to avoid exaggeration and on one hand and tame on the other to invent a plot shall have the requisite variety of incident to ve it interest and yet to it without obscurity or confusion and to carry it along in the conversation and action to which the stage limits the author require a kind and degree of talent which is by no necessarily nor even ordinarily associated with the powers of the most accomplished writers or even poets and the most skilful those who have been most conspicuous for the force and vivacity of their dialogue have failed to produce good comedy and scott are signal illustrations of this ct and we might add many others well known to the reader whilst it is equally capable of proof that the best dramatic writers and especially in the department of comedy have attained to no remarkable distinction in what we might suppose to be the and congenial of literature that was restrained by no false notion of dignity from this essay in the dramatic field we may well believe from	29
all that we have seen of his character that the public was at that day prejudiced upon this question of the gravity and decorum of professional life is probable enough it has been often remarked by foreigners that in all at least ours are a grave and even a people that there is a certain amount of make believe and constrained show of what is considered the propriety of place and tion apparent in the of our people giving to them a thoughtful and reserved in society very unlike the free and careless of social life in europe a secretary of state or a at law may hardly play at leap with us without finding hands and eyes at such and some severe comments touching dignity and its whilst c ap xx good fellowship of would scarce think it worth a comment except in the way of kindly illustration of the temper which not even the cares of state or the hard study of legal could subdue at the head of the of the screw and the of the scotch bar or napoleon playing a part in private are not even yet quite within the conception of the american public and its notions of dignity still less so was it in perhaps is entitled to be regarded as less affected by this national quality than most other portions of the country the community of that city have been rather famous for good fellowship and what may be said in their of a very fair of the which belong to the practical of the est in the memories of their private associations and especially at the bar are rich with good stories and of that have provoked many a laugh without either the dignity of the actors or the rebuke of the rigidly proper who there as well as elsewhere have found their abode amongst these memories the present generation with an affectionate the many of the late chief justice one of the best men of the age and his and associates of the club in which it seems to have been a that the oldest and were to submit to a temporary which was often manifested in the display of the of boys was not behind his in this temper i have seen some letters addressed to him as w loving which by no means the of his nature there were many of this temper at the bar which are yet pleasantly recalled by the one of them we have in an anecdote on hand and hay were trying a cause in the court at was exceedingly ingenious subtle quick in argument and always on the alert to take and keep the advantage by all logical arts hay was not remarkable for guarding all points and was sometimes easily caught in a had on this occasion reduced him to the choice of an alternative in which either side was equally to him the gentleman said he may take which ever horn he pleases hay was perplexed and the bar amused he mr was apt to get out of temper and make battle on such occasions and sometimes indulge in sharp and expressions showing himself a little dangerous a knowledge of this characteristic added to the sport of the occasion mr one of the most learned witty and popular members of this bar familiarly known to them as for he was a and then an old man remarked in a quiet way take care of him he has hay upon his horn i sitting by with full appreciation of this classical forthwith it into verse in the following was tossing hay in court on a s horns for sport rich in wit and latin too cries in the tradition of the bar still preserves this in of that day of social brotherhood which was in a thousand other forms cherished and by and this gentleman mr john is still affectionately remembered at the bar he was a man of high accomplishment in general literature and science as well as in his profession he had collected a fine library of rare and valuable books which being put up at sale his death were eagerly sought and purchased he was said to be the most homely man both in face and figure to be found in the society with which he lived and his speech was marked by a broad scotch accent during the war he was once summoned before the house of of virginia to make for some or perhaps too loyal for that i believe was his words uttered by him which had given to that body it was the custom then in the virginia to exact of against their dignity an apology to made kneeling at the bar of the house it is difficult now to believe that a custom so absurd and as well as so degrading to the itself should have been in any of the american states at so a period as that of the declaration of independence especially after the reproof it had received in the british parliament in in the case of alexander and the of it by that body still it was yet in force in virginia mr was obliged to which he did with an ill grace i humbly beg pardon he said in his of this honourable house and a dirty house it is he added as he rose slowly and awkwardly with a surly look and brushed the dust from his knees he was once relating to a circle of friends the gratification he had enjoyed at a ball in in the society of a beautiful woman a distinguished of that time in attempting to describe her attractions of face and figure and her of motion he concluded a vivid which he had drawn by an attempt at personal illustration which was too chap xx letter to	29
and hay and their comrades who gave a tone to the society of and rendered it at that day one of the most attractive cities in the union i have said that the old bachelor was not finished until an interval of eighteen months had passed between the publication of the greater portion of these essays and the last few numbers the author was getting tired of it and found a more pleasant occupation in other subjects he to this in his next letter to judge april op my youth i admit the justice of your charge as to my and yet i know that too but as the old bachelor there was no naturally growing out of the scheme it was endless each essay being a whole in itself i am too by the effect such things produce i did not begin that business for i wrote in the hope of doing good but my essays dropped into the world like stones pitched into a mill pond a little t firom the first plunge a ring or two rolling off from the spot then in a moment all smooth and silent as before and no visible change in the waters to mark that such things had ever been writing on under such was i confess a dragging heavy work and unless a man con he cannot do it well as to doing it i should hold myself a dog to do it yea a very turn spit but as desires it and gone to expense about the i turn the it for five or six more and then bid tiie old bachelor adieu until i see how the volume takes if it has a run i shall have the m re spirit to work off another volume and complete something like a moral literary scheme a whole but thereafter as it may be as to the the you have guessed right in part but i began that in the view of tha to the company that was here one was for one ludicrous to be forgotten he what he intended to be a gentle and winning expression of countenance and then with a glance of the eye threw his figure into an attitude designed to convey the idea of perfect elegance and grace and said to give you some con of her gesture and her manner she looked just the echo of the laugh that followed this grave effort at representation has not entirely died away yet vol i the comedy for his wife one for one for mrs and so on but when that company was dispersed by the of the theatre and finally dissolved by their subsequent in i had the less inclination to carry it on for i knew that the various parts required the peculiar powers of those for whom they were drawn and not knowing into whose hands they might fall nor of course how they might be and the author damned i was in no hurry to purchase such a catastrophe but judge to whom i showed in confidence the acts that were finished has put up my courage and i expect to close the before the spring is closed i shall expose it to you in the perfect confidence that you will not let me expose myself by making it public if you see that there is danger in it and i now begin to fear there is for i wished to consult frank on some incidents which i thought of introducing and to him to judge gave him the acts that were finished to read this was about a week ago he reads a piece of a scene at a sitting and puts it away to take up a review or a newspaper or something else of equal importance all which is to me strong proof that there is but interest in the i do not think very highly of it myself there are parts of it that please me but the scenes are not connected with lightness and grace and in the unite i fear it is rather ponderous but of all this you shall judge and if yon barely call it tolerable i know the rest and shall abandon it without a blush or a murmur i am sure that that kind of composition requires not only peculiar talent but an intimate knowledge of the stage and a training in dramatic particularly produce you a comedy equal to s a pretty truly i s one of the first if not the very first comedy in the english language and the work too of a man whose genius is almost in the old world much more in the new none of your fan none of your comments mr you had better require me next to produce such speeches as s and s or such legal investigation as s and s or such as s or such histories as s no sir i the affair being would i thought pass very well in these patriotic times without the european i know that it is superior to some english plays of which it is said in the british theatre that they were acted at lane or garden as the case may be with unbounded applause but as to its the best of them the has no such pretensions f your wife s displeasure at my not writing i resent as says with the gratitude and i am sincerely obliged to you for leading her to think me of so much consequence chap xx the biography of henry this is a poor return for your long kind letter but you are and must therefore expect to be imposed on we all join in love to you your ever friend wm the scheme of writing biography was yet kept alive as a project of future accomplishment that scheme as the reader is aware embraced the purpose of a	29
series of lives of the most eminent it ultimately resulted in the production of the volume containing the biography of henry the rest of the plan was abandoned the motives which led to this of the scheme are most probably those which are suggested in the following letter of judge whom had frequently consulted on the subject the judge as we have remarked was a man of letters of extensive reading and observation and one who had had many opportunities to become acquainted with the principal personages embraced in the scheme the letter of to him upon this occasion i have not seen it is probable it was not preserved but this reply to it contains some just remarks upon the difficulties belonging to the task in view and which were doubtless felt by in the further contemplation of this scheme to an extent which induced the of his purpose st george to wm april mr dear sir american biography at least since the conclusion of the peace of is a subject which promises as little entertainment as any other in the literary world our scene of action is so perfectly domestic as to neither novelty nor variety even the of washington has been reproached with imposing upon his readers the history of a nation instead of the life of an individual parson has indeed tried to supply the defect but i never got than half the first paragraph washington says that most renowned the illustrious founder of the american nation was the first son of washington by a second marriage a circumstance says this profound divine and of itself sufficient to reconcile the scruples of tender upon that subject i do not pretend that i have given you a literal s letter from judge of the but i believe the substance is i shut the book as soon as i had read it and have no desire to see any more of it this leads me to notice that part of your letter which relates to the subject of biography how would you be able to give any entertain ment to your readers in the life of henry without the aid of some of his speeches in the general assembly in in or in the court what interest could be excited by his marrying a miss and afterwards a miss d and that somebody whom i will not condescend to name married one of his daughters c c c no human being would feel the smallest interest in such a recital and i never heard any thing of him except as connected with the public that could amuse mr a moment the same may be said of lee and and the same may be said of every other man of real merit in virginia they have all glided down the current of life so smoothly except as public men that nobody ever thought of noticing how they lived or what they did for to live and act like gentlemen was a thing bo in virginia that nobody thought of noticing it it is clear to my apprehension that unless a man has distinguished as an orator or a soldier and has left behind him either copies i or notes of his speeches or military exploits that you can scarcely enough out of his private life he may have lived beyond his grand to fill half a dozen pages that any body would trouble themselves to read i have known several characters whose conduct both in public and private life i have esteemed models of human perfection and excellence john general thomas john page and were men of the most exalted and virtues i knew them all well nay intimately yet for the soul of me i could not write ten pages of either that would be read by one in fifty colonel may be compared to an eagle in the air you looked up at him with admiration and delight but as solomon there are no traces of his exalted and majestic flight left behind the only shadow of him that remains is s of his in the of virginia in that may be compared to the sparks which issue from a furnace which is itself invisible i think it much to be regretted that such men as i have mentioned above should descend to the grave and be forgotten as soon as earth is thrown upon their but so it is my friend literary characters may leave their works behind them as of what they were soldiers may obtain a in the temple of fame by some brilliant whose speeches have been preserved will be remembered through that medium judges whose opinions have been reported may possibly be known to future judges and members of the bar but the world cares little about them and if chap xx writing t they leave no reports or meet with no to record their opinions c they sink into immediate oblivion i very much doubt if a single speech of richard h lee s can be produced at this day nevertheless he was the most orator that ever i listened to who knows any thing of once the most popular man in virginia speaker of the house of and president of from its first to the day of his death who remembers esteemed the first lawyer at the bar or his brother george of whom i have heard mr the present president say that he possessed the greatest talents for debate of any man he had ever seen or heard speak what is known of but that he made the motion for of correspondence in virginia has produced few men of finer talents as i have repeatedly heard i might name a number of others highly respected and influential men in their day the to the first in were henry george washington richard h lee richard bland and and did not come in till afterwards this alone may	29

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