“(Lyinge.) That every person of the age of discretion, which is accounted fourteene yeares, who shall wittingly and willingly make, or publish, any lye which may be pernicious to the publique weal, or tending to the dammage or injury of any perticular person, to deceive and abuse the people with false news or reportes, and the same duly prooved in any courte, or before any one magistrate, who hath hereby power granted to heare and determine all offences against this lawe, such person shall bee fyned — for the first offence, ten shillings, or if the party bee unable to pay the same, then to be sett in the stocks so long as the said courte or magistrate shall appointe, in some open place, not exceeding three houres; for the second offence in that kinde, whereof any shall bee legally convicted, the summe of twenty shillings, or be whipped uppon the naked body, not exceeding twenty stripes; and for the third offence that way, forty shillings, or if the party be unable to pay, then to be whipped with more stripes, not exceeding thirtye; and if yet any shall offend in like kinde, and be legally convicted thereof, such person, male or female, shall bee fyned ten shillings at a time more than formerly, or if the party so offending bee unable to pay, then to be whipped with five or six stripes more then formerly, not exceeding forty at any time.

  “(Ministers’ Meintenance.) — Whereas the most considerable persons in the land came into these partes of America, that they might enjoye Christe in his ordinances without disturbance; and whereas, amongst many other pretious meanes, the ordinances have beene, and are, dispensed amongst us, with much purity and power, they tooke it into their serious consideration, that a due meintenance, according to God, might bee provided and settled, both for the present and future, for the encouragement of the ministers’ work therein; and doe order, that those who are taught in the word, in the severall plantations, bee called together, that every man voluntarily sett downe what he is willing to allow to that end and use; and if any man refuse to pay a meete proportion, that then hee bee rated by authority in some just and equal way; and if after this, any man withhold or delay due payment, the civill power to be exercised as in other just debts.

  “(Profane Swearing.) — That if any person within this jurisdiction shall sweare rashly and vainely, either by the holy name of God, or any other oath, and shall sinfully and wickedly curse any, hee shall forfeitt to the common treasure, for every such severe offence, ten shillings: and it shall be in the power of any magistrate, by warrant to the constable, to call such persons before him, and uppon just proofe to pass a sentence, and levye the said penalty, according to the usual order of justice; and if such persons bee not able, or shall utterly refuse to pay the aforesaid fyne, hee shall bee committed to the stocks, there to continue, not exceeding three hours, and not less than one houre.

  “(Tobacko.) — That no person under the age of twenty-one years, nor any other that hath not already accustomed himselfe to the use therof, shall take any tobacko, untill hee hath brought a certificate under the hands of some who are approved for knowledge and skill in phisick, that it is usefull for him, and allso that he hath received a lycense from the courte, for the same.

  “It is ordered — That no man within this colonye, shall take any tobacko publiquely, in the streett, highwayes or any barne, yardes, or uppon training dayes, in any open places, under the penalty of sixpence for each offence against this order,” etcetera, etcetera.

  Among the records we have some curious specimens: —

  “At a Court, held May 1, 1660.

  “Jacob M Murline and Sarah Tuttle being called, appeared, concerning whom the governor declared, that the business for which they were warned to this Court, he had heard in private at his house, which he related thus: — On the day that John Potter was married, Sarah Tuttle went to Mistress Murline’s house for some thredd; Mistress Murline bid her go to her daughters in the other roome, where she felle into speeche of John Potter and his wife, that they were both lame; upon which Sarah Tuttle said, how very awkward it would be. Whereupon Jacob came in, and tooke up, or tooke away her gloves. Sarah desired him to give her the gloves, to which he answered, he would do so if she would give him a kysse; upon which they sat down together, his arme being about her waiste, and her arme upon his shoulder, or about his neck, and he kissed her, and she kissed him, or they kissed one another, continuing in this posture about half an hour, as Marian and Susan testified, which Marian, now in Court, affirmed to be so.

  “Mistress Murline, now in Court, said that she heard Sarah say, how very awkward it would be; but it was matter of sorrow and shame unto her.

  “Jacob was asked what he had to say to these things; to which he answered, that he was in the other roome, and when he heard Sarah speak those words, he went in, when shee having let fall her gloves, he tooke them up, and she asked him for them; he told her he would, if she would kisse him. Further said, hee took her by the hand, and they both sat down upon a chest, but whether his arme were about her waiste, and her arme upon his shoulder, or about his neck, he knows not, for he never thought of it since, till Mr Raymond told him of it at Mannatos, for which he was blamed, and told he had not layde it to heart as he ought. But Sarah Tuttle replied, that shee did not kysse him. Mr Tuttle replied, that Marian hath denied it, and he doth not looke upon her as a competent witness. Thomas Tuttle said, that he asked Marian if his sister kyssed Jacob, and she said not. Moses Mansfield testified, that he told Jacob Murline that he heard Sarah kyssed him, but he denied it. But Jacob graunted not what Moses testified.

  “Mr Tuttle pleaded that Jacob had endeavoured to steal away his daughter’s affections. But Sarah being asked, if Jacob had inveigled her, she said no. Thomas Tuttle said, that he came to their house two or three times before he went to Holland, and they two were together, and to what end he came he knows not, unless it were to inveigle her: and their mother warned Sarah not to keep company with him: and to the same purpose spake Jonathan Tuttle. But Jacob denied that he came to their house with any such intendment, nor did it appear so to the Court.

  “The governor told Sarah that her miscarriage is the greatest, that a virgin should be so bold in the presence of others, to carry it as she had done, and to speake suche corrupt words; most of the things charged against her being acknowledged by herself, though that about kyssing is denied, yet the thing is proved.

  “Sarah professed that she was sorry that she had carried it so sinfully and foolishly, which she saw to be hateful: she hoped God would help her to carry it better for time to come.

  “The governor also told Jacob that his carriage hath been very evil and sinful, so to carry it towards her, and to make such a light matter of it as not to think of it, (as he exprest) doth greatly aggravate; and for Marian, who was a married woman, to suffer her brother and a man’s daughter to sit almost half an hour in such a way as they have related, was a very great evil. She was told that she should have showed her indignation against it, and have told her mother, that Sarah might have been shut out of doors. Mrs Murline was told, that she, hearing such words, should not have suffered it. Mrs Tuttle and Mrs Murline being asked if they had any more to say, they said, no.

  “Whereupon the Court declared, that we have heard in the publique ministry, that it is a thing to be lamented, that young people should have their meetings, to the corrupting of themselves and one another. As for Sarah Tuttle, her miscarriages are very great, that she should utter so corrupt a speeche as she did, concerning the persons to be married; and that she should carry it in such a wanton, uncivil, immodest, and lacivious manner as hath been proved. And for Jacob, his carriage hath been very corrupt and sinful, such as brings reproach upon the family and place.

  “The sentence, therefore, concerning them is, that they shall pay either of them as a fine, twenty shillings to the treasurer.”

  “Isaiah, Captain Turner’s man, fined 5 pounds for being drunk on the Lord’s-day.

  “William Broomfield, Mr Malbon’s man, was set in the stocks, for profaning the Lord’s-day, and stealing wine from his master, which he drunk and gave to others.

  “John Fenner, accused for being drunke with strong waters, was acquitted, it appearing to be of infirmity, and occasioned by the extremity of the cold.

  “Mr Moulend, accused of being drunke, but not clearly proved, was respited.”

  Here comes a very disorderly reprobate, called Will Harding.

  “1st of 1st month, 1643.

  “John Lawrence and Valentine, servants to Mr Malbon, for imbezilling their master’s goods, and keeping disorderly night meetings with Will Harding, a lewd and disorderly person, plotting with him to carry their master’s daughters to the farmes in the night, concealing divers dalliances; all which they confessed, and were whipped.

  “Ruth Acie, a covenant-servant to Mr Malbon, for stubornes, lyeing, stealing from her mistress, and yielding to dalliance with Will Harding, was whipped.

  “Martha Malbon, for consenting to goe in the night to the farmes, with Will Harding, to a venison feast; for stealing things from her parents, and dalliance with the said Harding, was whipped.

  “Goodman Hunt and his wife, for keeping the councells of the said Will Harding, bakeing him a pastry and plum cakes, and keeping company with him on the Lord’s-day; and she suffering Harding to kisse her, they being only admitted to sojourn in this plantation upon their good behaviour, was ordered to be sent out of this towne within one month after the date hereof.”

  Will Harding, however, appears to have met with his deserts.

  “Dec. 3rd, 1651.

  “Will Harding, being convicted of a great deal of base carriage with divers yonge girls, together with enticing and corrupting divers men-servants in this plantation, haunting with them at night meetings and junketings, etcetera, was sentenced to be severely whipped, and fined 5 pounds to Mr Malbon, and 5 pounds to Will Andrews, whose famylyes and daughters he hath so much wronged; and presently to depart the plantation.”

  Thus winds up the disgraceful end of our Colonial Don Juan of 1643.

  The articles of the Blue laws, which I have extracted, are from a portion which appears to have been drawn up more in detail; but, generally, they are much more pithy and concise, as the following examples will show: —

  “No. 13. No food and lodgings shall be allowed a Quaker, Adamite, or other heretic.

  “No. 14. If any person turns Quaker, he shall be banished, and not suffered to return, on pain of death.”

  I was walking in Philadelphia, when I perceived the name of Buffum, Hatter. Wishing to ascertain whether it was an English name or not, I went in, and entered into conversation with Mr Buffum, who was dressed as what is termed a wet Quaker. He told me that his was an English name, and that his ancestor had been banished from Salem for a heinous crime — which was, as the sentence worded it, for being a damned Quaker. The reason why Quakers were banished by the Puritans, was because they would not; go out to shoot the Indians! To continue: —

  “No. 17. No one shall run of a Sabbath-day, or walk in his garden or elsewhere, except reverently to and from church.

  “No. 18. No one shall travel, cook victuals, make beds, sweep houses, cut hair or shave on Sabbath-day.

  “No. 19. No husband shall kiss his wife, and no mother shall kiss her child upon the Sabbath day.

  “No. 31. No one shall read Common Prayer, keep Christmas or saints’-day, make mince-pies, dance, or play on any instrument of music, except the drum, the trumpet, and the jews-harp.”

  I do not know any thing that disgusts me so much as cant. Even now we continually hear, in the American public orations, about the stern virtues of the pilgrim fathers. Stern, indeed! The fact is, that these pilgrim fathers were fanatics and bigots, without charity or mercy, wanting in the very essence of Christianity. Witness their conduct to the Indians when they thirsted for their territory. After the death (murder, we may well call it) of Alexander, the brother of the celebrated Philip, the latter prepared for war. “And now,” says a reverend historian of the times, “war was begun by a fierce nation of Indians upon an honest, harmless Christian generation of English, who might very truly have said to the aggressors, as it was said of old unto the Ammonites, ‘I have not sinned against thee; but thou doest me wrong to war against me.’” Fanaticism alone — deep, incurable fanaticism — could have induced such a remark. Well may it be said, “We deceive ourselves, and the truth is not in us.”

  And when the war was brought to a close by the death of the noble-minded, high-spirited Philip; when the Christians had slaked their revenge in his blood, exposed his head in triumph on a pike, and captured his helpless innocent child of nine years old; would it be credited, that there was council held to put this child to death, and that the clergy were summoned to give their opinion? And the clergy quoted Scripture, that the child must die! Dr Increase Mather compared it with the child of Hadid, and recommended, with his brother apostles, that it be murdered. But these pious men were overruled; and, with many others, it was sent to the Bermudas, and sold as a slave. Stern virtues!! Call them rather diabolical vices. God of Heaven! when shall we learn to call things by their right names? The next time Governor Everett is called up for an oration at Bloody Brook, let him not talk quite so much of the virtues of the pilgrim fathers.

  This reminds me of a duty towards this gentleman, which I have great pleasure in performing. Every one who is acquainted with him must acknowledge his amiable manners, and his high classical attainments and power of eloquence. His orations and speeches are printed, and are among the best specimens of American talent. Miss Martineau, in her work upon America, states that she went up to hear the orator at Bloody Brook; and, in two pages of very coarse, unmeasured language, states “that all her sympathies were baffled, and that she was deeply disgusted;” that the orator “offered them shreds of tawdry sentiment, without the intermixture of one sound thought or simple and natural feeling, simply and naturally expressed.” I have the Address of Governor Everett before me. To insert the whole of it would be inconvenient; but I do most unequivocally deny this, as I must, I am afraid, to many of Miss Martineau’s assertions. To prove, in this one instance alone, the very contrary to what she states, I will merely quote the peroration of Governor Everett’s Address: —

  “Yon simple monument shall rise a renewed memorial of their names on this sacred spot, where the young, the brave, the patriotic, poured out their life-blood in defence of that heritage which has descended to us. We this day solemnly bring our tribute of gratitude. Ages shall pass away; the majestic tree which overshadows us shall wither and sink before the blast, and we who are now gathered beneath it shall mingle with the honoured dust we eulogise; but the ‘Flowers of Essex’ shall bloom in undying remembrance; and, with every century, these rites of commemoration shall be repeated, as the lapse of time shall continually develope, in rich abundance, the fruits of what was done and suffered by our forefathers!”

  I can, however, give the reader a key to Miss Martineau’s praise or condemnation of every person mentioned in her two works: you have but to ask the question, “Is he, or is he not, an abolitionist?”

  Governor Everett is not.

  Chapter Twenty.

  Montreal, next to Quebec, is the oldest looking and most aristocratic city in all North America. Lofty houses, with narrow streets, prove antiquity. After Quebec and Montreal, New Orleans is said to take the next rank, all three of them having been built by the French. It is pleasant to look upon any structure in this new hemisphere which bears the mark of time upon it. The ruins of Fort Putnam are one of the curiosities of America.

  Montreal is all alive — mustering here, drilling there, galloping every where; and, moreover, Montreal is knee-deep in snow, and the thermometer below zero. Every hour brings fresh intelligence of the movements of the rebels, or patriots — the last term is doubtful, yet it may be correct. When they first opened the theatre at Botany Bay, Barrington spoke the prologue, which ended with these two lines: —

  “True Patriots we, for be it understood,

  We left our country, for our country’s good.”

  In this view of the case, some of them, it is hoped, will turn out patriots before they die, if they have not been made so already.

  Every hour comes in some poor wretch, who, for refusing to join the insurgents, has been made a beggar; his cattle, sheep, and pigs driven away; his fodder, his barns, his house, all that he possessed, now reduced to ashes. The cold-blooded, heartless murder of Lieutenant Weir has, however, sufficiently raised the choler of the troops, without any further enormities on the part of the insurgents being requisite to that end: when an English soldier swears to shew no mercy, he generally keeps his word. Of all wars, a civil war is the most cruel, the most unrelenting, and the most exterminating; and deep indeed must be the responsibility of those, who, by their words or their actions, have contrived to set countryman against countryman, neighbour against neighbour, and very often brother against brother, and father against child.

  On the morning of the — the ice on the branch of the Ottawa river, which we had to cross, being considered sufficiently strong to bear the weight of the artillery, the whole force marched out, under the command of Sir John Colborne in person, to reduce the insurgents, who had fortified themselves at St. Eustache and St. Benoit, two towns of some magnitude in the district of Bois Brulé. The snow, as I before observed, lay very deep; but by the time we started, the road had been well beaten down by the multitudes which had preceded us.

  The effect of the whole line of troops, in their fur caps and great-coats, with the trains of artillery, ammunition, and baggage-waggons, as they wound along the snow-white road, was very beautiful. It is astonishing how much more numerous the force, and how much larger the men and horses appeared to be, from the strong contrast of their colours with the wide expanse of snow.