Diary in America, Series One

The Chaplains of both Houses.

Committee of Arrangement, viz:

Mr Evans, of Maine.

Mr Atherton, of NH. Mr Coles, of Va.

Mr Conner, of NC. Mr Johnson, of La.

Mr Whittlesey, of Ohio, Mr Fillmore, of NV.

Pall-bearers, viz:

Mr Thomas, of Maryland. Mr Campbell, of SC.

Mr Williams, of NH. Mr White, of Indiana.

Mr Ogle, of Pennsylvania. Mr Martin, of Ala.

The Family and Friends of the deceased.

The Members of the House of Representatives, and Senators from Maine, as Mourners.

The Serjeant-at-Arms of the House of Representatives.

The House of Representatives, preceded by their Speaker and Clerk.

The Serjeant-at-Arms of the Senate.

The Senate of the United States, preceded by the Vice President and their Secretary.

The President of the United States.

The Heads of Departments.

Judges of the Supreme Court, and its Officers.

Foreign Ministers.

Citizens and Strangers.

February, 26th, 1838.

The burial-ground being at some distance, carriages were provided for the whole of the company, and the procession even then was more than half a mile long. I walked there to witness the whole proceeding; but when the body had been deposited in the vault, I found, on my return, a vacant seat in one of the carriages, in which were two Americans, who went under the head of “Citizens.” They were very much inclined to be communicative. One of them observed of the clergyman, who, in his exhortation, had expressed himself very forcibly against the practice of duelling:—

“Well, I reckon that chaplain won’t be ’lected next year, and sarve him right too; he did pitch it in rather too strong for the members; that last flourish of his was enough to raise all their danders.”

To the other, who was a more staid sort of personage, I put the question, how long did he think this tragical event, and the severe observations on duelling, would stop the practice.

“Well, I reckon three days, or thereabouts,” replied the man.

I am afraid that the man is not far out in his calculation. Virginia. Mississippi, Louisiana, and now Congress, as respects the district of Columbia, in which Washington is built, have all passed severe laws against the practice of duelling, which is universal; but they are no more than dead letters. The spirit of their institutions is adverse to such laws; and duelling always has been, and always will be, one of the evils of democracy. I have, I believe, before observed, that in many points a young nation is, in all its faults, very like to a young individual; and this is one in which the comparison holds good. But there are other causes for, and other incentives to this practice, besides the false idea that it is a proof of courage. Slander and detraction are the inseparable evils of a democracy; and as neither public nor private characters are spared, and the law is impotent to protect them, men have no other resource than to defend their reputations with their lives, or to deter the defamer by the risk which he must incur.

And where political animosities are carried to such a length as they are in this exciting climate, there is no time given for coolness and reflection. Indeed, for one American who would attempt to prevent a duel, there are ten who would urge the parties on to the conflict. I recollect a gentleman introducing me to the son of another gentleman who was present. The lad, who was about fourteen, I should think, shortly after left the room; and then the gentleman told me, before the boy’s father, that the lad was one of the right sort, having already fought, and wounded his man; and the father smiled complacently at this tribute to the character of his son. The majority of the editors of the newspapers in America are constantly practising with the pistol, that they may be ready when called upon, and are most of them very good shots. In fact, they could not well refuse to fight, being all of them colonels, majors, or generals—“tam Marte quam Mercurio.” But the worst feature in the American system of duelling is, that they do not go out, as we do in this country, to satisfy honour, but with the determination to kill. Independently of general practice, immediately after a challenge has been given and received, each party practises as much as he can.

And now let us examine into the particulars of this duel between Mr Graves and Mr Cilley. It was well known that Mr Graves had hardly ever fired a rifle in his life. Mr Cilley, on the contrary, was an excellent rifle-shot, constantly in practice: it was well known, also, that he intended to fix a quarrel upon one of the southern members, as he had publicly said he would. He brought his rifle down to Washington with him; he practised with it almost every day, and more regularly so after he had sent the challenge, and it had been accepted. It so happened that, contrary to the expectations of all parties, Mr Cilley, instead of Mr Graves, was the party who fell; but surely, if ever there was a man who premeditated murder, it was Mr Cilley. I state this, not with the wish to assail Mr Cilley’s character, as I believe that almost any other American would have done the same thing; for whatever license society will give, that will every man take, and moreover, from habit, will not consider it as wrong.

But my reason for pointing out all this is to show that society must be in a very loose state, and the standard of morality must be indeed low in a nation, when a man who has fallen in such a manner, a man who, had he killed Mr Graves, would, according to the laws of our country, have been condemned and executed for murder, (inasmuch as from his practising after the challenge was given, it would have proved malice prepense, on his part) should now, because he falls in the attempt, have honours paid to his remains, much greater than we paid to those of Nelson, when he fell so nobly in his country’s cause. The chief magistrate of England, which is the king, did not follow Nelson to the grave; while the chief magistrate of the United States (attended by the Supreme Court and judges, the Senate, the Representatives) does honour to the remains of one who, if Providence had not checked him in his career, would have been considered as a cold-blooded murderer.

And yet the Americans are continually dinning into my ears—Captain Marryat, we are a very moral people! Again, I repeat, the Americans are the happiest people in the world in their own delusions. If they wish to be a moral people, the government must show them some better example than that of paying those honours to vice and immorality which are only due to honour and to virtue.

Legislation on Duelling.—The legislature of Mississippi has prohibited duelling, and the parties implicated, in any instance, are declared to be ineligible to office. The act also imposes a fine of not less than three hundred dollars, and not more than one thousand, and an imprisonment of not less than six months: and in case of the death of one of the parties, the survivor is to be held chargeable with the payment of the debts of his antagonist. The estate of the party who falls in the combat is to be exonerated from such debts until the surviving party be first prosecuted to insolvency. The seconds are made subject to incapacity to hold office, fine, and imprisonment.

Anti-Duelling Bill

The bill, as it passed the senate, is in the following words:—

A Bill to prohibit the giving or accepting, within the District of Columbia, of a Challenge to fight a Duel, and for the punishment thereof.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any person shall, in the district of Columbia, challenge another to fight a duel, or shall send or deliver any written or verbal message purporting or intending to be such challenge, or shall accept any such challenge or message, or shall knowingly carry or deliver any such challenge or message, or shall knowingly carry or deliver an acceptance of such challenge or message to fight a duel in or out of said district, and such duel shall be fought in or out of said district; and if either of the parties thereto shall be slain or mortally wounded in such duel, the surviving party to such duel, and every person carrying or delivering such challenge or message, or acceptance of such challenge or message as aforesaid, and all others aiding and abetting therein, shall be deemed guilty of felony, and upon conviction thereof; in any court competent to the trial thereof, in the said district, shall be punished by imprisonment and confinement to hard labour in the penitentiary for a term not exceeding ten years, nor less than five years, in the discretion of the court.

Sec. 2. And be it further enacted, that if any person shall give or send, or cause to be given or sent, to any person in the district of Columbia, any challenge to fight a duel, or to engage in single combat with any deadly or dangerous instrument or weapon whatever, or shall be the bearer of any such challenge, every person so giving or sending, or causing to be given or sent, or accepting such challenge, or being the bearer thereof, and every person aiding or abetting in the giving, sending, or accepting such challenge, shall be deemed guilty of a high crime and misdemeanor, and on conviction thereof in any court competent to try the same, in the said district, shall be punished by imprisonment and confinement to hard labour in the penitentiary, for a term not exceeding ten years, nor less than five years, in the discretion of the court.

Sec. 3. And be it further enacted, that if any person shall assault, strike, beat, or wound, or cause to be assaulted, stricken, beaten, or wounded, any person in the district of Columbia for declining or refusing to accept any challenge to fight a duel, or to engage in single combat with any deadly or dangerous instrument or weapon whatever, or shall, post or publish, or cause to be posted or published, any writing charging any such person so declining or refusing to accept any such challenge to be a coward, or using any other opprobrious or injurious language therein, tending to deride and disgrace such person, for so offending, on conviction thereof in any court competent to trial thereof in said district, shall be punished by confinement to hard labour in the penitentiary for a term not exceeding seven years, nor less than three years, in the discretion of the court.

Sec. 4. And be it further enacted, that in addition to the oath now to be prescribed by law to be administered to the grand jury in the district of Columbia, they shall be sworn faithfully and impartially to inquire into, and true presentment make of, all offences against this act.

Volume Two—Chapter Two

I have been for some time journeying through the province of Upper Canada, and, on the whole, I consider it the finest portion of all North America. In America every degree of longitude which you proceed west, is equal to a degree of latitude to the southward in increasing the mildness of the temperature. Upper Canada, which is not so far west as to sever you from the civilised world, has every possible advantage of navigation, and is at the same time, from being nearly surrounded by water, much milder than the American States to the southward of it. Every thing grows well and flourishes in Upper Canada; even tobacco, which requires a very warm atmosphere. The land of this province is excellent, but it is a hard land to clear, the timber being very close and of a very large size. A certain proof of the value of the land of Upper Canada is, that there are already so many Americans who have settled there. Most of them had originally emigrated to establish themselves in the neighbouring state of Michigan; but the greater part of that state is at present so unhealthy from swamps, and the people suffer so much from fever and agues, that the emigrants have fallen back upon Upper Canada, which (a very small portion of it excepted) is the most healthy portion of North America. I have before observed, that the Rideau and Welland canals, splendid works as they are, are too much in advance of the country: and had the Government spent one-half the money in opening communications and making good roads, the province would have been much more benefited. In the United States you have a singular proof of the advantages of communication; in the old continent, towns and villages rise up first, and the communications, are made afterwards; in the United States, the roads are made first, and when made, towns and villages make their appearance on each side of them, just as the birds drop down for their aliment upon the fresh furrows made across the fallow by the plough.

From Hamilton, on Lake Ontario, to Bradford, the country is very beautifully broken and undulating, occasionally precipitate and hilly. You pass through forests of splendid timber, chiefly fir, but of a size which is surprising. Here are masts for “tall admirals,” so lofty that you could not well perceive a squirrel, or even a large animal, if upon one of the topmast boughs. The pine forests are diversified by the oak; you sometimes pass through six or seven miles of the first description of timber, which gradually changes, until you have six or seven miles of forest composed entirely of oak. The road is repairing and levelling, preparatory to its being macadamised—certainly not before it was required, for it is at present execrable throughout the whole province. Every mile or so you descend into a hollow, at the bottom of which is what they term a mud hole, that is, a certain quantity of water and mud, which is of a depth unknown, but which you must fathom by passing through it. To give an Englishman an idea of the roads is not easy; I can only say that it is very possible for a horse to be drowned in one of the ruts, and for a pair of them to disappear, waggon and all, in a mud hole.

At Bradford, on Grand River, are located some remnants of the Mohawk tribe of Indians; they are more than demi-civilised; they till their farms, and have plenty of horses and cattle. A smart looking Indian drove into town, when I was there, in a waggon with a pair of good horses; in the waggon were some daughters of one of their chiefs; they were very richly dressed after their own fashion, their petticoats and leggings being worked with beads to the height of two feet from the bottom, and in very good taste; and they wore beaver hats and feathers of a pattern which used formerly to be much in vogue with the ladies of the seamen at Plymouth and Portsmouth.

From Bradford to London the roads are comparatively good; the country rises, and the plain is nearly one hundred feet above the level of the river Thames, a beautifully wide stream, whose two branches join at the site of this town. The land here is considered to be the finest in the whole province, and the country the most healthy.

From London to Chatham the roads are really awful. I had the pleasure of tumbling over head and ears into a mud hole, at about twelve o’clock at night; the horses were with difficulty saved, and the waggon remained fixed for upwards of three hours, during which we laboured hard, and were refreshed with plentiful showers of rain.

Chatham, on the river Thames, is at present a sad dirty hole; but, as the country rises, will be a place of great importance. From Chatham I embarked in the steam-boat, and went down the Thames into Lake St. Clair, and from thence to Sandwich, having passed through the finest country, the most beautiful land, and about the most infamous roads that are to be met with in all America.

Within these last seven or eight years the lakes have risen; many hypotheses have been offered to account for this change. I do not coincide with any of the opinions which I have heard, yet, at the same time, it is but fair to acknowledge that I can offer none of my own. It is quite a mystery. The consequence of this rising of the waters is, that some of the finest farms at the month of the river Thames and on Lake St. Clair, occupied by the old Canadian settlers, are, and have been for two or three years under water. These Canadians have not removed; they are waiting for the water to subside; their houses stand in the lake, the basements being under water, and they occupy the first floors with their families, communicating by boats. As they cannot cultivate their land, they shoot and fish. Several miles on each side of the mouth of the river Thames the water is studded with these houses, which have, as may be supposed, a very forlorn appearance, especially as the top rail of the fences is generally above water, marking out the fields which are now tenanted by fish instead of cattle.

Went out with a party into the bush, as it is termed, to see some land which had been purchased. Part of the road was up to the saddle-flaps under water, from the rise of the lakes. We soon entered the woods, not so thickly growing but that our horses could pass through them, had it not been for the obstacles below our feet. At every third step a tree lay across the path, forming, by its obstruction to the drainage, a pool of water; but the Canadian horses are so accustomed to this that they very coolly walked over them, although some were two feet in diameter. They never attempted to jump, but deliberately put one foot over and the other—with equal dexterity avoiding the stumps and sunken logs concealed under water. An English horse would have been foundered before he had proceeded fifty yards. Sometimes we would be for miles wading through swamps; at others the land rose, and then it was clear and dry, and we could gallop under the oak trees.

We continued till noon before we could arrive at the land in question, forcing our way through the woods, and guided by the blazing of the trees. Blazing is cutting off a portion of the bark of the trees on both sides of the road with an axe, and these marks, which will remain for many years, serve as a guide. If lost in the woods you have but to look out for a blaze, and by following it you are certain to arrive at some inhabited place. We found the land at last, which was high, dry, and covered with large oak trees. A herd of deer bounded past us as we approached the river, which ran through it; and we could perceive the flocks of wild turkeys at a distance, running almost as fast as the deer. The river was choked by trees which had fallen across its bed, damming up its stream, and spreading it over the land; but the scene was very beautiful and wild, and I could not help fancying what a pretty spot it would one day be, when it should be cleared, and farm-houses built on the banks of the river.

On our way we called upon a man who had been in the hush but a year or so; he had a wife and six children. He was young and healthy, and although he had been used to a life of literary idleness, he had made up his mind to the change, and taken up the axe—a thing very few people can do. I never saw a person apparently more cheerful and contented. He had already cleared away about fifteen acres, and had procured a summer crop from off a portion of it the year before! having no other assistance than his two boys, one thirteen and the other fourteen years old, healthy, but not powerfully built lads. When we called upon him, he was busied in burning the felled timber, and planting Indian corn. One of his boys was fencing-in the ground. I went with the man into his log-hut, which was large and convenient, and found his wife working at her needle, and three little girls all as busy as bees; the eldest of these girls was not twelve years old, yet she cooked, baked, washed, and, with the assistance of her two little sisters, did all that was required for the household. After a short repose, we went out again into the clearing, when one of my friends asked him how he got on with his axe? “Pretty well,” replied he, laughing; “I’ll show you.” He led us to where a button-wood tree was lying; the trunk was at least ninety feet long, and the diameter where it had been cut through between five and six feet; it was an enormous tree. “And did you cut that down yourself?” enquired my companion, who was an old settler. “Not quite; but I cut through the north half while my two boys cut through the south; we did it between us.” This was really astonishing, for if these two lads could cut through half the tree, it is evident that they could have cut it down altogether. We had here a proof of how useful children can be made at an early age.

We promised to call upon him on our return; which we did. We found him sitting with his wife in his log-house; it was five o’clock in the afternoon; he told us “work was over now, and that the children had gone into the bush to play.” They had all worked from five o’clock in the morning, and had since learnt their lessons. We heard their laughter ringing in the woods at a distance.

Now this is rather a remarkable instance among settlers, as I shall hereafter explain. Had this man been a bachelor, he would have been, in all probability, a drunkard; but, with his family, he was a happy, contented, and thriving man. We parted with him, and arrived at Windsor, opposite Detroit, very tired, having been, with little exception, fourteen hours in the saddle.

I took cold, and was laid up with a fever. I mention this, not as any thing interesting to the reader, but merely to show what you may expect when you travel in these countries. I had been in bed three days, when my landlady came into the room. “Well, captain, how do you find yourself by this time?” “Oh, I am a little better, thank you,” replied I. “Well, I am glad of it, because I want to whitewash your room; for if the coloured man stops to do it to-morrow, he’ll be for charging us another quarter of a dollar.” “But I am not able to leave my room.” “Well, then, I’ll speak to him; I dare say he won’t mind your being in bed while he whitewashes.”

I have often remarked the strange effects of intoxication, and the different manner in which persons are affected with liquor. When I was on the road from London to Chatham, a man who was very much intoxicated got into the waggon, and sat beside me. As people in that state generally are, he was excessively familiar; and although jerked off with no small degree of violence, would continue, until we arrived at the inn where we were to sup, to attempt to lay his head upon my shoulder.

As soon as we arrived, supper was announced. At first he refused to take any, but on the artful landlady bawling in his ear, that all gentlemen supped when they arrived, he hesitated to consider (which certainly was not at all necessary) whether he was not bound to take some. Another very important remark of the hostess, which was, that he would have nothing to eat until the next morning, it being then eleven o’clock at night, decided him, and he staggered in, observing, “Nothing to eat till next morning! well, I never thought of that.” He sat down opposite to me, at the same table. It appeared as if his vision was inverted by the quantity of liquor which he had taken; everything close to him on the table he considered to be out of his reach, whilst everything at a distance he attempted to lay hold of. He sat up as erect as he could, balancing himself so as not to appear canned, and fixing his eyes upon me, said, “Sir, I’ll trouble you—for some fried ham.” Now the ham was in the dish next to him, and altogether out of my reach; I told him so. “Sir,” said he again, “as a gentleman, I ask you to give me some of that fried ham.” Amused with the curious demand, I rose from my chair, went round to him and helped him. “Shall I give you a potato,” said I, the potatoes being at my end of the table, and I not wishing to rise again. “No, Sir,” replied he, “I can help myself to them.” He made a dash at them, but did not reach them; then made another, and another, till he lost his balance, and lay down upon his plate; this time he gained the potatoes, helped himself, and commenced eating. After a few minutes he again fixed his eyes upon me. “Sir, I’ll trouble you—for the pickles.” They were actually under his nose, and I pointed them out to him. “I believe, Sir, I asked you for the pickles,” repeated he, after a time. “Well, there they are,” replied I, wishing to see what he would do. “Sir, are you a gentleman—as a gentleman—I ask you as a gentleman, for them ’ere pickles.” It was impossible to resist this appeal, so I rose and helped him. I was now convinced that his vision was somehow or another inverted, and to prove it, when he asked me for the salt, which was within his reach, I removed it farther off. “Thank ye, Sir,” said he, sprawling over the table after it. The circumstance, absurd as it was, was really a subject for the investigation of Dr Brewster.