Volume I Part 15 (1/2)
_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 pa.s.sed 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 a.s.sembled, 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 a.s.sault, strike, beat, or wound, or cause to be a.s.saulted, 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 TWENTY FOUR.
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 lat.i.tude 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 ca.n.a.ls, 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 pa.s.s 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 pa.s.s 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 quant.i.ty of water and mud, which is of a depth unknown, but which you must fathom by pa.s.sing 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 fas.h.i.+on, 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 pa.s.sed 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 bas.e.m.e.nts 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 pa.s.s 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 a.s.sistance 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 a.s.sistance 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 b.u.t.ton-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 astonis.h.i.+ng, 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.