Part 4

"When Dr. Franklin went to France on his revolutionary mission, his eminence as a philosopher, his venerable appearance, and the cause on which he was sent, rendered him extremely popular; for all ranks and conditions of men there, entered warmly into the American interest. He was therefore feasted and invited to all the court parties. At these he sometimes met the old Duchess of Bourbon, who being a chess-player of about his force, they very generally played together. Happening once to put her king into _prise_, the Doctor took it. 'Ah,' says she, 'we do not take kings so.' 'We do in America,' said the doctor.

"At one of these parties, the Emperor Joseph II., then at Paris, _incog._ under the title of Count Falkenstein, was overlooking the game, in silence, while the company was engaged in animated conversations on the American question. 'How happens it, M. Le Comte,' said the Duchess 'that while we all feel so much interest in the cause of the Americans, you say nothing for them?' 'I am a king by trade,' said he.

"When the Declaration of Independence was under the consideration of Congress, there were two or three unlucky expressions in it, which gave offence to some members. The words 'Scotch and other auxiliaries,' excited the ire of a gentleman or two of that country. Severe strictures on the conduct of the British king, in negativing our repeated repeals of the law which permitted the importation of slaves, were disapproved by some southern gentlemen, whose reflections were not yet matured to the full abhorrence of that traffic. Although the offensive expressions were immediately yielded, these gentlemen continued their depredations on other parts of the instrument. I was sitting by Dr. Franklin, who perceived that I was not insensible to those mutilations. 'I have made it a rule,' said he, 'whenever in my power, to avoid becoming the draughtsman of papers to be reviewed by a public body. I took my lesson from an incident which I will relate to you. When I was a journeyman printer, one of my companions, an apprentice hatter, having served out his time, was about to open shop for himself. His first concern was to have a handsome sign-board, with a proper inscription. He composed it in these words:--'John Thompson, _Hatter_, _makes_ and _sells hats for ready money_,' with a figure of a hat subjoined. But he thought he would submit it to his friends for their amendments. The first he showed it to, thought the word '_hatter_' tautologous, because followed by the words 'makes hats,' which shew he was a hatter. It was struck out. The next observed that the word '_makes_' might as well be omitted, because his customers would not care who made the hats; if good and to their mind, they would buy, by whomsoever made. He struck it out. A third said, he thought the words '_for ready money_,' were useless, as it was not the custom of the place to sell on credit: every one who purchased expected to pay. They were parted with, and the inscription now stood, 'John Thompson sells hats.' '_Sells_ hats?' says his next friend; 'why nobody will expect you to give them away. What then is the use of that word?' It was stricken out, and '_hats_' followed it, the rather, as there was one painted on the board; so his inscription was reduced ultimately to 'John Thompson,' with the figure of a hat subjoined.'

"The Doctor told me, at Paris, the following anecdote of the Abbé Raynal.--He had a party to dine with him one day, at Passy, of whom one half were Americans, the other half French; among the last was the Abbé. During the dinner he got on his favourite theory of the degeneracy of animals, and even of man, in America, and urged it with his usual eloquence. The Doctor at length noticing the accidental stature and position of his guests, at table, 'Come,' said he, 'M. l'Abbé, let us try this question by the fact before us. We are here one half Americans, and one half French; and it happens that the Americans have placed themselves on one side of the table, and our French friends are on the other. Let both parties rise, and we will see on which side nature has degenerated.' It happened that his American guests were Carmichael, Harmer, Humphreys, and others of the finest stature and form; while those of the other side were remarkably diminutive, and the Abbé himself, particularly, was a mere shrimp. He parried the appeal however, by a complimentary admission of exceptions, among which the Doctor himself was a conspicuous one."

_An Act for the Appraisement of Estates taken in execution._

SECT. 1. _Be it enacted by the Senate and House of Representatives of the commonwealth of Pennsylvania in general assembly met, and it is hereby enacted by the authority of the same_, That in all cases where lands, tenements or hereditaments, have been or hereafter shall be levied on, by virtue of any writ of _fieri facias_ or other writ of execution, and an inquest of twelve men summoned by the sheriff or coroner of any of the cities or counties agreeably to the existing laws of this commonwealth, shall find that the rents, issue, and profits of such property, are not sufficient, beyond all reprises, within the space of seven years to satisfy the damages and costs or the debt, interest and cost in such writ mentioned, it shall be the duty of the same inquest to value and appraise the said property. And in all cases where the defendant or defendants shall consent to a condemnation agreeable to an act entitled "a supplement to the act, entitled, An act for taking lands in execution for the payment of debts," passed on the sixth day of March, one thousand eight hundred and twenty, and in any case where an inquisition and condemnation of such estate as aforesaid shall not be deemed necessary in law, it shall be the duty of the sheriff or coroner of the proper county to summon an inquest of twelve good and lawful men of his bailiwick, who shall be under oath or affirmation, and shall receive the same pay as jurors are entitled to in similar cases, to value and appraise the same; and the sheriff or coroner shall make return of such valuation or appraisement, with the writ aforesaid, to the court from which the same issued, and which valuation or appraisement shall be conclusive in any future execution which may be levied on the same property; and in case any writ of _venditioni exponas_ or other writ shall issue for the sale of said lands, tenements or hereditaments, and the same cannot be sold at public vendue or outcry for two-thirds or more of such valuation or appraisement: that then and in such case the sheriff or coroner shall not make sale of the premises, but shall make return of the same accordingly to the court from which the execution process issued, and that thereupon all further proceedings for the sale of such lands, tenements or hereditaments, shall be stayed for one year from and after the return day of the _venditioni exponas_, or other writ for the sale of the premises: _Provided_, That the sheriff or coroner, shall not be entitled to poundage unless in those cases where a sale of the property shall take place.

SECT. 2. _And be it further enacted by the authority aforesaid_, That in all cases where lands, tenements or hereditaments, have been heretofore levied on and condemned in virtue of any writ of _fieri facias_, and in all cases where any lands, tenements or hereditaments, have been or hereafter shall be seized or levied on by virtue of any writ of _levari facias_, it shall be the duty of the sheriff or coroner, before exposing the said property to sale pursuant to any writ for that purpose issued, or in pursuance of such writ of _levari facias_, to summon twelve good and lawful men of his bailiwick, who, being first sworn or affirmed, shall make a true valuation or appraisement of the property aforesaid, and the same proceedings shall be had as is directed by the first section of this act.

SECT. 3. _And be it further enacted by the authority aforesaid_, That in all cases where a life estate, or for a term of years, in any lands, tenements, or hereditaments, have been or shall be seized and levied on by virtue of any writ of execution, it shall be the duty of the sheriff or coroner, before he shall proceed to advertise and sell the premises aforesaid, to summon an inquest of twelve good and lawful men of his bailiwick, who, being first duly sworn or affirmed, shall make a true valuation and appraisement of the same. And if such life estate, or for term of years as aforesaid, after having been advertised and offered for sale by public vendue or outcry, according to the laws of this commonwealth, cannot be sold for two thirds or more of the amount of the valuation and appraisement aforesaid, the sheriff or coroner shall make return accordingly; and thereupon all further proceedings for the sale of the said premises shall be stayed for one year from the return day of the said execution process.

SECT. 4. _And be it further enacted by the authority aforesaid_, That in all cases where personal property shall be taken in execution by virtue of any writ of _fieri facias_ issued out of any court of common pleas in this commonwealth, or by virtue of any execution issued by a justice of the peace, it shall be the duty of the sheriff, coroner, constable or other person, to whom such writ shall be directed, respectively, when it shall be requested by the debtor, to summon three respectable freeholders or citizens of the vicinage, who, being first duly sworn or affirmed by the said officer, shall value and appraise the personal property aforesaid, for which service they each shall be entitled to receive fifty cents per day; which valuation or appraisement, signed by the appraisers, together with a schedule of the property taken in execution, shall be annexed to the return of said writ. And in case said personal property, or any part thereof, cannot be sold for two thirds of the amount of said valuation or appraisement, at a public vendue of the same, of which notice shall be given to the plaintiff or plaintiffs, his, her or their agent or attorney, agreeably to the direction of the first section of this act, that then the sale of such property shall be stayed for the term of twelve months from that date: _Provided_, That the said defendant or defendants shall execute and deliver to the sheriff, coroner or constable, as the case may be, a bond, with one or more sufficient sureties, in a penalty double the amount of the said valuation or appraisement, conditioned for the faithful forthcoming and delivery of all and every part of the said personal property, upon the expiration of the said stay of execution, to the proper sheriff, coroner or constable, or his successor in office, in like good order and condition as when the same was so as aforesaid offered for sale, or other personal property equal in value and like good order, to be ascertained in the manner aforesaid; or in default thereof, for the payment of the amount of the appraisement or valuation, with interest and costs, or the amount of the debt, interest and cost, for which the levy was made. And upon the execution and delivery of such bond, the said personal property shall be returned and redelivered into the possession of the said defendant or defendants: _Provided also_, That nothing in this act contained, shall be construed to prevent any judgment creditor or creditors from having the property of any debtor or debtors exposed to sale, in the usual manner, at any time, and as often as he, she or they may think proper, after it may have once been exposed to sale as aforesaid, by paying all the costs which may accrue in consequence thereof, except the time which a sale may be effected, which cost shall be paid out of the proceeds of the sale as in other cases.

SECT. 5. _And be it further enacted by the authority aforesaid_, That this act shall be and continue in force for the term of one year and no longer.

MORTGAGES.

The Legislature of Pennsylvania, at their late session, passed the following act relative to Mortgages.

SECT. 1. _Be it enacted by the Senate and House of Representatives of the commonwealth of Pennsylvania, in general assembly met, and it is hereby enacted by the authority of the same_, That from and after the first day of October next, all mortgages, or defeasible deeds in the nature of mortgages, made or to be made or executed for any lands, tenements or hereditaments within this commonwealth, shall have a priority according to the date of recording the same, without regard to the time of making or executing such deeds. And it shall be the duty of the recorder to endorse the time upon the mortgages or defeasible deeds when left for record, and to number the same according to the time they are left for record, and if two or more are left upon the same day, they shall have priority according to the time they are left at the office for record. And that no mortgage, or defeasible deed in the nature of a mortgage, shall be a lien until such mortgage or defeasible deed shall have been recorded, or left for record as aforesaid. _Provided_, That no mortgage given for the purchase money of the land so mortgaged shall be affected by the passage of this act, if the same be recorded within sixty days from the execution thereof.

SECT. 2. _And be it further enacted by the authority aforesaid_, That the governor be, and he is hereby requested to cause this act to be published immediately after the passage of the same, in such newspapers and for such a length of time as he may think most proper for the information of the citizens of this commonwealth.

_Whimsical conflict._--It would be well for society, if all duellists were to find themselves in the same predicament as did the celebrated poet, Dr. Akenside, and a gentleman of the bar by the name of Ballow. A challenge had passed from the former--but they did not get into the field; for one would not consent to fight in the morning, and the other was equally determined not to do so in the evening! The one wished to fall in a blaze of glory, mingled with the brilliant rays of the rising sun, a very fanciful and poetic notion; and the other, with perhaps an equal degree of poetic feeling and imagination, thought the shades of eve more congenial with the work of death and the hour of dissolution. Whether serious or affected, the difference was perhaps a happy one for the lovers of literature, who might otherwise have lost the keen and inexpressible delight which ever flows from the perusal of Akenside's Pleasures of Imagination--a work which will charm and instruct mankind through every age, so long as learning, taste, and genius, shall have a votary or a favourite to relish so rich a banquet. The hand of blood, that had deprived the republic of letters of that incomparable poem, would have well deserved everlasting execration.

[_Plough Boy._

LAW-SUIT.

The longest law-suit ever heard of in England, or perhaps in the world, was between the heirs of Sir T. Talbot; Viscount Lisle, on the one part, and the heirs of Lord Berkeley on the other, respecting certain possessions not far from Wotton-under-Edge, in the county of Gloucester. The suit was commenced at the end of Edward IV. and was depending till the reign of James I. when a compromise took place, it having lasted above a hundred and twenty years.

THE CAMERONIANS.

From Blackwood's Edinburgh Magazine, Nov. 1819.

For the Cameronians, those relicks of the stern enthusiastic Covenanters--those resolute maintainers of the unblemished purity and rights of the reformed church--those dwellers on the misty mountain tops--I entertain the greatest respect and reverence. It was my lot to pass the early part of my life in the neighbourhood of their hill of worship--often in the company of their leading men, and most admired professors--and at all times in the society of a portion of their number. They had hovered for many years about the mountainous regions of the parish of Kirkmahoe, in Dumfries-shire; and as they began to confide in the kindness of their less rigid brethren, they commenced descending, step by step, from a large hill to a less, till they finally _swarmed_ on a small sterile mount, with a broomy glen at its foot, beside a little village, which one of their number named "Graceless Quarrelwood." Quarrelwood is a long straggling village, built in open hostility to regular lines, or the graceful curves of imaginary beauty. The cottages which compose it are scattered as if some wizard had dropt them down by random; and through the whole a streamlet winds, and a kind of road infinitely more crooked than the stream. This lane is fringed chiefly by old plum-trees, and seeks its way to the eastern extremity of the village, with a difficulty which a stranger will soon be sensible of, should he be so hardy as to endeavour to thread this Cameronian labyrinth. There is also a wide wilderness of gardens, hemmed in by strong walls of rough free-stone. It is a very defensible position; and, in case of retreat, the deep channels of two scanty streams present direct openings to the upland holds; and these are covered ways--for the brooks contrive to maintain as many stately trees and flourishing bushes on their steep and impassable banks, as would do honour to mightier streams. To this rural encampment several hundreds resorted weekly to hear their pastor's instructions; and at their great midsummer Festival of the Sacrament, several thousands usually assembled, many of them from distant parts, even from Fife and Banff. All around were objects to cherish their ancient spirit, and remind them of other days. The seat of their bitter persecutor, General Dalzell, was within two short miles--the grave of the cruel Laird of Lagg was visible from their mount; and in the church-yard of Dumfries, in the moors of Irongray, and the moorlands of Nithsdale, were buried, under broad and inscribed stones, some of the most renowned of the martyrs. With two of their preachers I had the pleasure of being acquainted; and I have also heard several of the western professors preach during the continuance of the sacramental holydays. Of their professors I shall endeavour to render some account. I still remember, with reverence, the thin long snowy hair and bald shining crown, and primitive look of the patriarchal Farely; and it is impossible I should ever forget the familiar and fervent eloquence of that delightful old pastor. Towards the close of his life, which was unusually long, he was accused of cheering his decaying spirits with other beverage than what cold brooks afforded. Of this infirmity I have heard some of the sternest of his flock speak with unlooked-for gentleness; and I believe none of his fellow-preachers chose to rebuke him for this indulgence, from a just dread of his powers for keen dry sarcasm. He was a great favourite with the Cameronian ladies, old and young, and his reputation with them was not at all diminished, by the renown he acquired by his ability in inflicting the discipline of his sect on fair trespassers.

Of John Curtis, the regular pastor of the flock, I do not remember so much as I do of Mr. Farely. He was a man unaffectedly pious, rather than eloquent, and was deservedly and warmly beloved. He adorned his discourses with that melodious tone which some call the Cameronian drawl, and which the pious Cowper complained of in the Conventicles. Each sentence has a kind of starting note; and I can discover remains of this old puritanical fashion in the eloquence of Wilberforce and also Lord Milton. It would require some constraint in a pious stranger to listen, without an inward smile at least, to this continually recurring chorus.--With a gifted preacher it is less ungraceful, for he contrives to make it tell in better time than an ordinary man--still it might be spared; but a very sensible divine told me, he dared as soon renounce predestination as part with the "twang;" it was as dear to his flock as the memory of Richard Cameron. John Curtis, for he abominated the prelatical designation of "Master," was not an unfrequent, or unwelcome guest at my father's house. His coming was a visitation, for it came over our mirth as a cloud. He invariably was invited on week days; Sunday was a day that had higher duties. His coming was the signal for seven children, I was one of them, to cease their play and pranks, and mix trembling with their mirth. We became as quiet as a brood of chickens, over which the hawk is hovering. Even the nuts or raisins which filled the pockets of this primitive person, and which he divided among us with many a clap on the head and benediction, failed to inspire confidence.

The chief revolution in the affairs of the Cameronians of Dumfriesshire, was effected at the death of John Curtis. They had been driven by persecution to preach on the mountains, and though persecution had ceased, on the mountains they remained. It was certainly a beautiful and impressive sight to see a congregation worshipping God on a mountain side or a wild glen; to see the upright pulpit-rows of bared, and white, and bald heads decently ranged around--and more extended ranks of beautiful women and active men drawn up in a regular confusion--the whole listening to the eloquence of my old friend Farely. This, with a clear day and a bright sun, must make an impression of devotion on the most obtuse intellect. But as the mason said of the wise man who sung, "Snow is beautiful in its season," "My certes," said he, "it was easy for him, with his lasses and his wine to sing so; had he been a poor free-stone mason, he would have sung another sang." For the weather seemed sometimes to inherit the rancour of the bloody Claverhouse, or the renowned chieftain of Lagg, to this persecuted race; and, instead of June giving one of her brightest and balmmiest days for the Sacrament, I have witnessed the heavy rain come down sans intermission for four stricken hours, as if ambitious to measure its mercies by the length of the "Action Sermon." By some this circumstance was hailed as a divine acknowledgment of their presence and influence; and after some very dry weather I have heard Mr. Farely turn a timely thunder shower to good account, by apostrophizing the Deity for his kindness to "this dry barren land." On another occasion--the morning was serene during the introductory discourse, and just as my friend Farely began to administer the sacrament, a huge black cloud sailed from the westward, and hung heavy and ominous over the congregation. Ere the ladies could raise their plaids, it descended perpendicular plump down, and the huge drops splashed off the bald crown of the preacher, in a manner that Kemble would have envied in acting King Lear. A Cameronian with an umbrella, at that time an unusual thing in the country, arose and stretched it over the Professor's head, regardless of himself. At this visible interposition between him and heaven, the preacher was wroth, and said audibly, "Take the Pope's cap off me," and his conduct was highly applauded.