University of Virginia Library

1. CHAPTER I.

WE have seen that a sort of constitution had been
formed; or rather government constituted; for the Captain
had been chosen Governor, and the blind lawyer
appointed chief justice. A sense of self-preservation
had led to this. For it had been found, that in a situation
of things approaching to a state of nature, the weak
were a prey to the strong, and oftentimes, among the
strong, there was much wrong done, not being sufficiently
afraid of each other, when the corporal powers
were nearly equal; and, until it had been ascertained
which had the mastery, much maiming had prevailed.—
It had been customary for individuals to league together,
to defend themselves; and there was much gouging and
biting on both sides, when a contest of the few had arisen.
Settlement against settlement was pitted; and
district against district, oftentimes with much battery,
and blood-shed. Calling out for help was usual amongst
the combatants, and it was accounted dishonourable
not to interfere, by those not engaged.

An honest man walking home one evening, and, whether
from intemperance or sleep, nodding as he walked,
which being mistaken by a ram for a menace, he was
butted, as the phrase is, and overthrown, calling out,
“is there none of the down county boys here?” This
may serve to give an image of the state of society at
this period. It will serve still more to illustrate this,
when I relate the following anecdote. A lawyer, or
at least one who called himself such, of small stature,
and delicate structure of body, being applied to by a
client, who having no money, but being of a strong body,

offered to do all his fighting for him; that is, for the
pettifogger. That will not do, said the wary advocate;
for you may not be at hand always to protect me, from
an insult, much less from assault; but if you will permit
me on some occasion to overpower and beat yourself
that is, to seem to do it, as your prowess is incontestible,
it will secure me ever after; for no one will molest
me. It was agreed; and a sham battle being fought,
the advocate, as was agreed upon, got the better. But
the whole coming out in due time, when the laws began
to be established, the bruiser, as he had been called,
prosecuted the advocate; who pleaded an assault demesne,
and relying an the maxim, volenti non fit injuria,
he was acquitted; and on the civil action, no damages
were found against him.

It was on this principle, and, in this state of things,
that the Captain had been elected Governor. For, coming
to the settlement attended by his posse, Will Watlin,
Tom the Tinker, Harum Scarum, and O`Fin the Irishman,
a damp was struck upon the hearts of the insurgents
in different places, which the people seeing, recurred
to this new power for safety. Will Watlin having
pulled up a grub, and entering the town, called it a
switch, as I have seen represented on the stage in some
dramatic composition; the people thinking that if that
was a switch, what would his baton, or cudgel be? O`Fin
the Irishman had, in fact, entered with a log on his shoulder,
which he called his shilelah, and threatened death
and destruction to all that came his way. Harum Scarum
had a branch of an oak tree, which he trailed after
him; and Tom the Tinker approached with a club,
which he called his hammer. It was much larger than
the club of Herculus is painted, and though he had not
the strength to wield it with equal ease, yet, poised upon
his right shoulder, it had the appearance of a weapon
that would do much execution. Teague, the bog-trotter,
though with great difficulty, drew after him a piece of a
pine log, which he said he had been tired wielding, and
knocking down people with. The Captain had a staff,
not as large as a weaver's beam, but far surpassing the
size of a common walking stick. From these appearances,
there had been no resistance made; and in due
time the country thought it advisable to put themselves
under the protection of persons whose object it seemed
to be to keep the peace, and maintain the laws. The

Captain had been chosen Governor. But in writing
the chapter of the last book of this work, I had run over
a great space without entering into the detail, or minutiæ
of events. For that, and no other reason, it may appear
to want verisimilitude of incidents to support the
probability of the narrative.
Says Voltaire: and though it may be disputed whether
knowledge is power, yet no one can deny, but that wattles
and hearts of oak have a great tendency to procure
submission.

But the Captain himself was uneasy under this usurped
authority; and the people began to talk of his resembling
Bonaparte. There were those who threw out
hints that he had an understanding with that emperor.—
It was much agitated in beer-houses, whether he was
not under French influence. He denied it, and stood to
it, that he had no correspondence with the tyrant.—
Is it possible, said he, that I could have much attachment
to Bonaparte, who has no attachment to
me? For I am well persuaded that he has never heard
of me; nor can he possibly regard what government, or
kind of government, I have over a few ragamuffins assembled,
or rather scattered, in a distant quarter of the
globe. It is true, I did happen, coming along, to speak
a few words of French, at least they told me it was
French, which I had got from a parlez-vous, a carrier,
that spoke a certain lingo to his horses; because being
used to his vocabulary, they understood no other language;
but it was in the most perfect simplicity of
mind; and I am not sure that it was French that I did
speak; or rather that he spoke; for what I said was in
imitation of certain sounds, rather than words of his, as I
could catch them from the rapidity of his pronunciation.
But why need there be a noise made about it. I am ready
to lay down my oak stick, which has been the badge
of my government, whenever any one of you chuses.—
Let it be laid down, and with that he flung it across a
potatoe patch, as far as he could throw it. Now, there
it is, said he, and you are a free people. But what are
you the better for that? Was it not to keep you from
having broken heads that I took up the government.—
You talk of Bonaparte usurping the government. What
government did he usurp? Had not the people of France

found out that there was no government, and could be
none short of a despotism? The constitution of 1791,
had given way. That of 1793, had gone to the tomb of
the Capulets. Was there not one of 1795? If so, It had
also gone. The only two of the directory that had any
talents, or integrity, Barthelemi, and Carnot, were deported
to Cayenne. The better part of the council of
500, and of the council of ancients, I mean the best men
of these bodies, were carted in iron cages to the sea shore,
and sent off in frigates. Could there be said to be any
freedom at this time? What was it that induced Abbe
Sieyes, and other wise men who had been tired of making
constitutions, to send for Bonaparte to Egypt to take
the helm of the state vessel? For, pursuing the figure,
when the vessel is at the mercy of the waves, tost and
ready to run upon the breakers, is it usurpation to take
the helm, and steer her in safety? Comparing small
things with great, myself to Bonaparte, did I usurp any
authority, when you yourselves called upon me, being
at loggerheads, to take the government. But as I have
more concern for you, than you have for yourselves, I
will retain it a little, with a view to preserve order and
regularity among you until you get a constitution, if by
that means you can secure your liberty.

This speech being ended, it was agreed to consider of
a constitution.

It was debated in the beer-houses, whether a despotism
was not best; or the continuance of the present
constitution. But it was carried nemine contradicente,
that something new should be adopted. It was agitated
how a republican government should begin. Doubtless,
it was answered, by a convention of the people. It was
asked, how should that convention be brought about? It
was answered, in the same mode and by the same means,
as what is called a camp-meeting: This is a gathering
of fanatics, of which we have seen examples, in almost
all parts of the United States. But would there not be
danger of the same tumblings, and jumpings, and contortions
of body, and agitations of mind, as at those congregations
No; because the female part of the society
would be excluded. These are not only convulsionists,
but the cause of convulsions becoming general among
the multitude, by sympathy of feeling, and extasy of vision.
Keep these away, and the meeting might be kept
sober, unless indeed spirituous liquor was introduced.—

And when serious business was on the carpet, this might
be excluded, allowing a few days of intemperance, in the
manner of the ancient Germans, before the council had
begun. It was agreed that a general warning should be
given to meet under bushes, and tree-tops by such a day,
not in conclave, or divan, but in a general convention of
the people, to deliberate on the frame of a constitution.—
But were they all to convene, every male, of whatever
age, embracing infantia, which ends at the age of
seven years; Pueritia, which terminates at 14; Adolescentia,
which lasts until that of twenty-one years; or juventus
which may be considered as ending at the age of
thirty-five; or the virilis ætas, which is complete at
twenty-eight, and lasts the whole life of man. Senium,
or old age, commences at fifty-seven. Was this age
to be excluded by reason of imbecility from the deliberations
of perfect men?

Another question arose; was every man that wore a
head, tag, rag, and bob-tail, to assemble, and have a vote?
In contemplation of law, at the formation of our republic,
it must be so. And though, in fact, it never was the
case, yet the principle stands immovable, and all must
be supposed to have a voice. “We the people,” admits
of no exclusion. But are people to be admitted that have
no understanding? Who can undertake to say of another
that he wants sense? Intelligence cannot be weighed by
the pound or ounce, or measured by the ell or the perch
Who is to make the selection from the mass? It was
agreed, therefore, that all who chose to meet, should convene.
Advertisements to this effect were put in the
gazette, having a journal or public paper in town; and
cards and handbills were affixed upon trees, and barn
doors, and chalked upon fence rails, and those who could
not write proclaimed with the voice, the general assembling
of the people.

The day came, and the hills were covered.—
Those upon the low grounds shouted up to their superiors
on the hills; and the hills vociferated to those below
But great confusion ensued, by interruption and
discussion. Some order became necessary, and the reducing
the multitude to a smaller compass; but this
could not be done, until a part wearied out, and wanting
food, departed to their homes. There were but about a
score of persons remaining when the next day appeared.

Having taken some refreshment of food, these set
about the business. But half asleep, they were incompetent,
and had to take a nap before they could renew the
task which they had undertaken. It was now debated,
whether these present could be considered as representing
those that were absent. This was plain; for all had had
an opportunity, and might have attended if they would.

The question was now agitated, should they have a constitution?
Upon this there was a diversity of voices.—
Said an honest fellow, what have we to do with a constitution?
Why form one? Will we stick to a constitution
when we have made it? A constitution is like a nose of
wax; it is twisted by the party that is predominant. It
might not however be unadvisable to have some outline
of a constitution; some groove within which to move,
some shape and form of the machine of government. If
the people cannot all convene; or if they do convene,
cannot act without confusion, as the late experiment had
abundantly evinced, it would be necessary to have some
means of reducing them to a narrower compass. Let
there be primary assemblies, meetings of the people in
particular districts, and let these elect and send representatives
to a secondary assembly. Let these secondary
assemblies select from amongst themselves, and depute
to an ultimate body, who shall from time to time meet
and frame the laws. Judicial officers must exist distinct
from the legislature; executive distinct from both.—
Who shall appoint these officers, and in what manner it
shall be done, must require some designation, or rule laid
down. The nature of the government itself must be determined
on; at least some name must be given it, whether
it shall be called a republican government, or an
aristocracy, or monarchy.